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RFP For External Auditor - Responses Have Been Received
Bill Thrasher
Anne Berry
Bill Thrasher
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anne.berry@palmbeachschools.org
RFP For External Auditor - Responses Have Been Received
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From: Anne Berry <anne.berry@palmbeachschools.org>
Date: Thu, 22 Dec 2016 11:22:42 -0500
Message-ID: <CALoACHBLb8w9EzWZFGJ0mfq+PiJt3_aWqrKzrEcSyq-+9hTPDQ@mail.gmail.com>
Subject: RFP For External Auditor - Responses Have Been Received
To: mdixon@theplanningpartner.com, Bill Thrasher <bthrasher@gulf-stream.org>,
Richard L Roberts <roberts579517@bellsouth.net>, latanziamjackson@yahoo.com,
d-atalley@comcast.net
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Anne Berry
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anne.berry@palmbeachschools.org
mdixon@theplanningpartner.com; Bill Thrasher; Richard L Roberts; latanziamjackson@yahoo.com; d-atalley@comcast.net
SCHOOL BD - AUDIT COMMITTEE
RFP For External Auditor - Responses Have Been Received
Evaluation Committee Mebers,
The RFP was opened yesterday afternoon. We received three proposals -
Cherry Bekaert LLP
Moore Stephens Lovelace P.A.
RSM US LLP
In order for me to send you a link so that you can download the responses, the following forms will need to be returned to me.
1. Form 8B: This form to be filled out only if a conflict of interest exists.
2. Form 2359, Third Party Internet/Intranet Services Acknowledgement and Consent
3. No Conflict of Interest Certification Form for Evaluation Committee Members
Please also read the Evaluator's Handbook and the Committee Letter which are also attached.
The evaluation scoresheet will be sent to you under a separate e-mail.
Please note: Tomorrow, December 22, 2016 will be my last day before winter break. I will return January 5, 2017.
Happy Holidays and Happy New Year !!!
Anne Berry
Purchasing Agent
School District of Palm Beach County
Ph - 561/434-8210
Fax - 561/963-3823
<https://docs.google.com/a/palmbeachschools.org/uc?id=0B796mor_9jMdcVBKYkswTlFGWDA&export=download>
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<CALoACHBLb8w9EzWZFGJ0mfq+PiJt3_aWqrKzrEcSyq-+9hTPDQ@mail.gmail.com>
Evaluation Committee Mebers,
The RFP was opened yesterday afternoon. We received three proposals -
Cherry Bekaert LLP
Moore Stephens Lovelace P.A.
RSM US LLP
In order for me to send you a link so that you can download the responses, the fo
Bill Thrasher
Bill Thrasher
EX
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EX
/O=GULFSTREAMTH/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=CC9578126D55499EA8C1E79B43F844AE-BILL THRASH
Anne Berry
Anne Berry
BTHRASHER
BTHRASHER
Bill Thrasher
Bill Thrasher
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Bill Thrasher
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Form 8B.pdf
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CONFLICT OF INTEREST CERTIFICATION FORM.docx
</w:
NO CONFLICT OF INTEREST CERTIFICATION FORM FOR
EVALUATION COMMITTEE MEMBERS
I hereby certify that I have read School District of Palm Beach County Policy 3.02 Code of Ethics and that, to the best of my knowledge and belief, neither I nor any relative* or domestic
partner is an officer, director, trustee, partner (general or limited), employee or regularly retained consultant of any company, firm or organization that has responded to the competitive
solicitation, or has a direct or indirect financial interest, economic interest, or business relationship with any offeror, or to a direct competitor of any offeror under consideration
by this Evaluation Committee.
I further certify that neither I nor any relative or domestic partner, to the best of my knowledge and belief, has accepted any gift, loan, reward, promise of future employment, favor,
service, lodging, dining or entertainment gratuities from any offeror or direct competitor of any offeror under consideration by this Evaluation Committee, which will influence my decisions,
compromise my judgment or prevent me from objectively evaluating any proposal solely on its merits and in accordance with the competitive solicitation’s evaluation criteria.
Furthermore, I agree to notify the Purchasing Director in writing if I learn that my, or any of my relatives or domestic partner’s, financial, business, or economic relationship with
one of the offerors changes at any time during the evaluation process.
________________________________________
Name
_______________________________________
Department
________________________________________
Date
________________________________________
RFP 17C-009L External Independent Auditing Services
*"Relative" means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half
sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married
to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom
the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee.
Revised 7/16/13
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RFP Evaluators Handbook.docxSchool District of Palm Beach County__________________________________
School District of Palm Beach County__________________________________
Purchasing Department
Request for Proposals
Evaluator’s Handbook
To RFP Committee Members:
Your willingness to participate as an RFP evaluator is an integral part of the procurement process and the Purchasing Department appreciates your assistance and expertise.
Your designation as an RFP evaluator for the Purchasing Department requires that you fully understand the policies regarding potential conflicts of interest and the confidential nature
of the proposals and all that is contained therein. The following information provides a general overview of evaluations and outlines how the evaluation process is conducted. Again,
thank you for your willingness to participate in this RFP Evaluation Process.
THE RFP
Requests for Proposals are used to purchase complex, high dollar purchases, which require a high level of expertise on the part of the vendor. The proposals attempt to persuade the evaluators
to select the proposer by offering evidence which will convince the evaluating committee that they have the best credentials and qualifications to provide the results the evaluating
committee requires. Winning proposals should convince the evaluation committee that:
The vendor understands the needs of the District
The vendor offers a suitable plan to satisfy those needs
The vendor is well qualified by having adequate experience and resources, i.e., personnel to carry out the proposed plan
The price asked is reasonable and within the District’s budget
EVALUATION COMMITTEE MAKEUP
The Evaluation Committee is generally made up of department end users and others with expertise or knowledge of the service or goods being proposed. Also included on every Evaluation
Committee is a representative from the Office of Diversity in Business Practices. A representative from the Purchasing Department serves as a facilitator only. No person who might have
a potential conflict of interest regarding financial interests or prejudice through current or past association or relationship with a proposal offeror should serve on the evaluation
committee.
EVALUATION AND AWARD PROCEDURE
The Purchasing Agent notifies the designated evaluators and advises them they have been asked to participate as an evaluator for a RFP and provides them with a RFP Evaluation Handbook
and instructions for the evaluators. (A Conflict of Interest Certification Form must be signed by each member of the committee prior to reviewing the proposals.) The Purchasing Agent
will provide the evaluators with instructions on how to access the proposals when they are available.
The evaluators are asked to independently review the proposals with justification for their scoring and complete a preliminary scoring sheet using the following sample format for all
criteria with the exception of Minority Vendor Points. Cost will be included after the preliminary scoring is complete. (Criteria and the Evaluation matrix for each RFP will be dependent
on the service or commodity being solicited.) The preliminary scoring sheet and justification comments will be included in the RFP file and subject to the Florida Sunshine Law.
Experience and Qualifications of the Firm 50
Qualifications of Proposer’s Staff 30</w:t></w
Approach / Methodology </w:t></w: </ </w:t10
Minority/Women Business Participation </w:t></w:r10
<
Total Points </w:t> 100</w:t></
Each criterion (with the exception of Minority Participation) is given a score based on the following:
Exceptional – receives full point value
Exceeds standards – receives 85% of full point value
Meets standards – receives 75% of full point value\
Fails to meet all standards – receives 25% of full point value
Unacceptable – receives 0% of full point value
In this example, in the preliminary scoring Vendor A exceeded standards for experience and qualification of the firm and in system functionality and failed to meet all standards for
Time for Implementation and Training, Vendor A would receive:
</w:t></w:r><w:r w:rsidRPr="00E2089B"><w:rPr><w:u w:val="single"/></w:rPr><w:t>PPossible Points </w:Points Awarded
Experience and Qualifications of the Firm 35 29.75
System Functionality 30 2</w:t></w5.50
Time for Implementation and Training 25</w:t></w:r><w:r w: </w:t></w:r><w:r w6.25
If references were required in the proposal, the Purchasing Agent will contact the references and document reference responses. The findings will be provided to the evaluation committee
members prior to the first committee meeting.
The evaluation committee, after independently scoring each proposal, meets to discuss the scores and the proposals. The Purchasing Agent will welcome the committee members, identify
the procedures to be followed during the committee meeting and provide the dates for posting award recommendation and the Board meeting date for Board approval of the evaluation committee’s
recommendation of award. An attendance roster will be provided and it is mandatory that all attendees sign the roster. The Purchasing Agent will advise the committee and audience members
that the meeting will be recorded and then asks the committee to elect a committee chairperson and identify a committee member to track and finalize the scores. During discussions,
members hear the rationale of other committee members for their scoring. Committee members may adjust their scoring at this time based on the discussions but must score independently
and document the justification for scoring as well as for changing their scores. This justification will be collected and added to the RFP folder.< As an example, in the preliminary
scoring, a committee member gives Vendor A 10 points out of a possible 30 points for System Functionality. After committee discussion the committee member changes his score to 20 points
after realizing he had not considered an aspect of the vendor response that addressed the vendors System Functionality.
Prior to the points for Diversity being awarded by the committee, the points for all other criteria will be totaled and averaged per vendor.
The Office of Diversity in Business Practices representative will identify the number of points to be awarded to each proposer for minority participation based on the information provided
in each proposal. This will be added to the average point total.<
If it is determined that oral presentations are required as part of the evaluation process, proposers may be invited to make a presentation to the evaluation committee to clarify points
as required by the committee. A list of specific questions will be provided to the proposers and the proposer will be allotted a certain amount of time to respond to those questions
at the oral presentation. To ensure objectivity, all proposers will be asked the same questions. After the oral presentations, the chairperson will query the committee to determine
if any evaluator’s scoring has changed as a result of the oral presentations and a new ranking of proposals may be identified.
The Board, through its designee(s) reserves the right to negotiate further terms and conditions, including price with the highest ranked proposers. If a mutually beneficial agreement
with the first ranked proposer cannot be resolved, the Board reserves the right to enter into negotiations with the next highest ranked proposer and continue this process until an agreement
is reached.
A complete record of the evaluation and award process including all scoring forms, minutes, notes and any other documents relating to the committee’s deliberations are given to the Purchasing
Agent and included in the proposal evaluation file maintained in the Purchasing Department.
The results of the Evaluation Committee’s evaluation and ranking is reviewed and approved by the Requesting Department’s Director and the Purchasing Director prior to posting the recommendation.
The Purchasing Department prepares and submits an agenda item to the District’s Superintendent of Schools and the Superintendent will recommend to the Board, the award or rejection of
any and/or all proposal(s).
INSTRUCTIONS FOR EVALUATORS
Evaluators are instructed not to discuss any part of the proposals outside of the evaluation committee meeting as this may be deemed a violation of the Sunshine Laws. The Sunshine Law
can be found in Chapter 286 of the Florida Statues. The Sunshine Law establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state
and local governmental agencies or authorities.
With regards to scoring, only criteria identified in the RFP and included in the proposals can be considered for evaluation.
All scores which reflect a low ranking must be supported by rational and sufficient documentation to substantiate the evaluator’s judgment.
If it is apparent that one or more evaluator’s scores differ greatly from the majority, the committee should discuss the situation to be sure the criteria was clear to all. If an evaluator
feels at this point that he/she did not understand the criteria he /she may at their discretion revise their evaluation score.
DO’S AND DON’TS
</w:t></w:r><w:r w:rsidRP DO’S
</w:t></w:r><w:r w:rsidDON’TS
Do evaluate each proposal independently, then as a committee
Don’t confer with other committee members concerning a particular proposal until the committee meeting.
Do record the detailed rationale for scoring each proposal
Don’t use vague or contradictory statements in your evaluation rationale.
Do ask the Purchasing Agent for guidance on any question you may have.
Don’t discuss the evaluation scores with other persons or offeror’s prior to posting of the committee recommendation. If you have an inquiry for an offeror, your response should only
indicate that you are in “the evaluation process” and direct the offeror to the Purchasing Agent.
If you have questions, please contact the Purchasing Agent assigned to this RFP.
5 | Page
Revised 10/18/11
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Evaluation Committee Letter.docxSCHOOL DISTRICT OF PALM BEACH COUNTY
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
RFP 17C-009L Evaluation
To: Evaluation Committee Members
</w:t></w:
From: </w:t><Anne Berry, Purchasing Agent
Date: December 22, 2016 </w:t>
Subject: Evaluation of Responses for RFP 17C-009L for External Independent
Auditing Services</w:t></w:r></w:
Thank you for agreeing to serve on the committee to evaluate responses to provide the above services.
The following procedures will be used to evaluate the responses and award contract(s):
Each committee member will receive an email listing the names of the responders and a Conflict of Interest Certification form that must be signed and returned to me. Once signed and
returned, you will be given the proposers responses. The names of the respondents and the contents of their responses are strictly confidential until the evaluation and negotiations
are completed. Please direct any questions to me at 434-8210.
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Prior to the evaluation meeting, independently evaluate the responses based on the criteria of the RFP and use the evaluation score sheet provided to mark your preliminary scores. Be
prepared to discuss your scores when you attend the evaluation meeting.
The evaluation committee meeting will be held on January 19, 2017 in the Boardroom. Oral Presentations, if required will be conducted on January 23, 2017 in Thurber A & B. </w:t></w:r><w:r
.
For further details regarding the RFP process, please refer to the attached Revised RFP Evaluation Committee Handbook.
Revised 10/19/12
.docx
Evalua~1.doc
Evaluation Committee Letter.docx
application/vnd.openxmlformats-officedocument.wordprocessingml.document
A7950DCACE255B419B2320FD21A3C7AA@gulf-stream.org
EnUs
RFP 17C-009L External Independent Auditing Services Package.pdfSTATE OF UTAH
Revised 10/19/12 School District of Palm Beach County FL REQUEST FOR PROPOSAL NO. 17C-009L EXTERNAL INDEPENDENT AUDITING SERVICES RESPONSES ARE DUE PRIOR TO: DECEMBER 21, 2016 AT 2:00
P.M. RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: www.Demandstar.com The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer. http://www.palmbeachschools.
org/purchasing/documents/Equity_Coordinators.pdf 1 SCHOOL BOARD OF PALM BEACH COUNTY REQUEST FOR PROPOSALS FOR EXTERNAL INDEPENDENT AUDITING SERVICES RFP NO. 17C-009L 1.0 INTRODUCTION
1.1 This is a Request for Proposals (RFP) for external independent auditing services for the School Board of Palm Beach County, Florida (the Board), the governing body for the School
District of Palm Beach County, Florida (the District) whose partners or officers are independent certified public accountants and are duly licensed to practice in the State of Florida,
to perform an audit of the financial statements and records of the School Board of Palm Beach County, Florida, in accordance with generally accepted auditing standards promulgated by
the American Institute of Certified Public Accountants. 1.2 All terms and conditions of this RFP, any addenda, proposer's submissions and negotiated terms, are incorporated into the
contract by reference, as set forth herein. To the extent that any conflict exists between the provisions of the contract documents, the following order of precedence shall apply 1)
a written, negotiated contract, 2) the above referenced Request for Proposal, including any addenda, 3) any School District ordering or authorizing documents such as purchase orders,
and 4) Proposer’s response to the RFP, including any appendix and exhibits. The Board will not be bound by or deemed liable for any verbal or written information or communication,
obtained by the proposer which is not included in the RFP or other contract documents. 1.3 The Board objects to and shall not consider any additional terms or conditions submitted
by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions,
whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted
with a response, shall be grounds for rejecting a response. 1.4 Document files may be examined during normal working hours when agency provides notice of intended decision or 30 days
after opening the proposals, whichever period is earlier. If, however, the School District rejects all proposals and concurrently provides notice of its intent to reissue a competitive
solicitation, the proposals will not be available for inspection until the School Board provides notice of an intended decision concerning the reissued solicitation. 2.0 DISTRICT
INFORMATION 2.1 The School District is the 11th largest K-12 school district in the US and the 5th largest in Florida with approximately 188,000 students who speak 150 languages and
dialects and a total budget of $2.5 Billion. Our District has 187 schools, with approximately 22,000 employees. We have 279 Career Academies and Choice Programs including a variety
of academic and career and technical programs. Our Department of Exceptional Student Education (ESE) assists our teachers in providing appropriate public education for over 40,000
students with special needs, ranging in age from three to twenty-two. Our District supports 27 adult and community education school sites, one full time Adult Education Center, 13
community satellite locations and one Adult Virtual Education Program. 2.2 The School District has built 90 new or replacement schools in the past 15 years; winning national design
and construction awards. 3.0 INSTRUCTIONS TO PROPOSER 3.1 All proposals must be submitted electronically to www.DemandStar.com no later than 2:00 PM, on December 21, 2016. DemandStar
requires that all documents be downloaded, 2 completed, saved and re-uploaded to submit your offer. DemandStar does not support online document completion. It is recommended that
you incorporate your response into one document or as few separate uploads as possible when submitting your offer to DemandStar. 3.2 The Vendor Contact Information page on the DemandStar
site has a required field “BID AMOUNT”. The District does not require this field to be completed, but in order to complete the process DemandStar requires input. It is suggested that
you input zero. All the District requirements should be included in 3.1 above. 3.3 The District will only consider offers that have been uploaded and submitted prior to the RFP
closing date and time. Allow sufficient time to complete your offer. 3.4 IMPORTANT INFORMATION: When finished uploading all required documents, at the end of the document,
you must Submit your Response. After clicking “Submit Response” the following process will begin: DemandStar will verify that your response is complete as entered. You
will see a confirmation page with your confirmation number and date/time stamp of your upload. You will receive a confirmation e-mail indicating a successful response submittal. If
you do not receive any of the above, please call DemandStar Supplier Services at (800)7111712, or email: demandstar@onvia.com. For additional information please go to: http://www.palmbeachschools.o
rg/purchasing/bids/purch/vendor/ebidding.pdf 3.5 Be advised that DemandStar has a limit of 30MB per document upload and a 100MB maximum per vendor response. 3.6 If necessary, an addendum
will be distributed by DemandStar to all who are known by the Purchasing Department to have received a complete set of proposal documents. 3.7 All proposals must be signed electronically
by an officer or employee having authority to legally bind the Proposer(s). 3.8 Proposer should become familiar with any local conditions which may, in any manner, affect the
services required. The proposer(s) is/are required to carefully examine the RFP terms and become thoroughly familiar with any and all conditions and requirements that may in any manner
affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions. 3.9 Proposals not conforming to the instructions
provided herein will be subject to disqualification at the sole option of the Board. 3.10 Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal
not withdrawn will constitute an irrevocable offer, for a period of 120 days, to provide the District with the services specified in the proposal. 4.0 TIME SCHEDULE 4.1 The District
will attempt to use the following time schedule which will result in selection of a proposer(s). November 29, 2016 Pre proposal Conference (attendance is strongly encouraged) 9:00
A.M. 3300 Forest Hill Boulevard., Board Room, West Palm Beach, FL 33406. Attendance can be done via a conference call. Please contact Anne Berry by email at Anne.Berry@palmbeachschools.org
for telephone conference call information. December 8, 2016 Deadline for submission of questions at 5:00 PM. 3 December 21, 2016 Proposals due no later than 2:00 PM EST. January 19,
2017 *Evaluation Committee Meeting, 9:00 A.M. 3300 Forest Hill Boulevard, Board Room, West Palm Beach, FL 33406. January 23, 2017 **Oral Presentation (If required) 9:00 A.M. - 3300
Forest Hill Boulevard., Thurber A & B, West Palm Beach, FL 33406. February 3, 2017 Posting of Recommendation. March 15, 2017 * Recommend proposer(s) to The School Board of Palm Beach
County for approval. * This is an open, public meeting. ** The District follows Section 286.0113(2), Florida Statutes, which provides detailed information Regarding the laws and
requirements that governs open, public meetings. 4.2 Notification of any changes to the time schedule will be made to proposers through DemandStar. 4.3 The School District will not
respond to inquiries regarding the status of a proposal prior to the posting of award recommendation. 5.0 AWARD 5.1 The Board reserves the right to accept or reject any or all proposals.
5.2 The Board, through it’s designee(s), reserves the right to waive any irregularities and technicalities and may, at it’s sole discretion, request a clarification or other information
to evaluate any or all proposals. 5.3 The Board, through it’s designee(s), reserves the right, before awarding the contract, to require proposer(s) to submit evidence of qualifications
or any other information the Board may deem necessary for evaluating the proposal. 5.4 The Board, through its designee(s), reserves the right, prior to the Board’s approval, to cancel
the RFP or portions thereof, without penalty. 5.5 The Board, through its designee(s), reserves the right to: (1) accept the proposals of any or all of the items it deems, at its sole
discretion, to be in the best interest of the District; and (2) reject any and/or all items proposed or award to multiple proposers. 5.6 The Evaluation Committee consisting of members
of the Audit Committee and Directors of the Accounting and Budget Departments shall rank all proposals received which meet the submittal requirements and shall rank and recommend in
order of preference of no fewer than three firms deemed to be the most highly qualified to perform the required services. If fewer than three firms respond to the RFP, the Audit Committee
shall recommend such firms as it deems to be the most highly qualified. 5.7 To the extent permitted by Florida law, the Board, through its designee(s), reserves the right to further
negotiate any proposal, including price, with the highest rated proposer. If an agreement cannot be reached with the highest rated proposer, the District reserves the right to negotiate
and recommend award to the next highest rated proposer or subsequent proposers until an agreement is reached. 6.0 TERM OF CONTRACT / RENEWAL 6.1 The term of the contract shall be for
three years from the date of award, and may, by mutual agreement between the Board and the contract awarded proposer, be renewable for two additional one-year periods. All prices shall
be firm for the term of the contract. The Board, through the Purchasing Department, will, if considering renewing, request a letter of intent to renew from the 4 contract awarded proposer
prior to the end of the current contract period. . The Board, with input from the Audit Committee and through the Purchasing Department may extend the contract up to 180 days beyond
the contract expiration date. A letter of intent to extend the contract up to 180 days will be submitted to the contractor prior to the end of the initial contract term. The contract
awarded proposer agrees to this condition by signing its proposal. 7.0 RFP INQUIRIES 7.1 From the time this solicitation is posted until the time a Decision or Intended Decision is
posted, potential Proposers and employees, representatives, partners, director, officers, or other individuals acting on behalf of the Proposer, shall be prohibited from lobbying any
School District employee, Members of the School Board, Members of a School District Audit Committee that may evaluate the awarded contract, or person selected to evaluate or recommend
selection of the awarded Proposer. Violation of the Cone of Silence shall result in rejection/disqualification of the Proposer from award of a contract arising out of this solicitation.
7.2 Further, in order to protect the integrity of the award process, all questions regarding this solicitation must be submitted by email to Anne Berry at anne.berry@palmbeachschools.org
no later than 5:00 p.m. EST, on December 8, 2016. Questions received in writing by the time and date specified will be answered in writing and posted on DemandStar. Anne Berry is
authorized only to direct the attention of prospective proposers to various portions of the solicitation so that they may read and interpret such for themselves. Neither Anne Berry
nor any employee of the District is authorized to interpret any portion of this solicitation or give information as to the requirements of the solicitation in addition to that contained
in the written documents. 7.3 All questions submitted (along with their source) are subject to Public Records Laws and as such will be available for inspection upon receipt of a Public
Records Request. 7.4 If necessary, an addendum will be distributed by DemandStar to all who are known by the Purchasing Department to have received a complete set of proposal documents.
7.5 Copies of addendum will be made available for inspection at the District's Purchasing Department where proposal documents will be kept on file. 7.6 No addendum will be issued later
than three calendar days prior to the date for receipt of proposals except an addendum withdrawing the request for proposals or one which includes postponement of the date for receipt
of proposals. 7.7 No verbal or written information which is obtained other than by information in this RFP, or by written addendum to this RFP, or by negotiated terms will be binding
on the Board. 8.0 PROPOSERS RESPONSIBILITY 8.1 Before submitting a response, proposers are required to carefully examine the Request For Proposal to completely familiarize themselves
with all of the terms and conditions that are contained within the Request For Proposal. Failure to do so on the part of the proposer will in no way relieve proposer of any of the
obligations and responsibilities which are a part of the Request For Proposal. 9.0 BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT 9.1 The proposer must provide this affidavit
to include a list of every “person” (as defined in section 1.01(3), Florida Statutes, to include individuals, children, firms, associates, joint ventures, partnerships, estates, trusts,
business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity. The affidavit
must be returned to the Purchasing Department with the RFP or within three days of request. To submit this document, you must print, complete, notarize and upload the completed form
to DemandStar. This form is included in the document package. Refer to Attachment 4. 5 10.0 CONFLICT OF INTEREST 10.1 All proposers must disclose the name of any officer, director,
or agent who is also an employee of the District. All proposers must disclose the name of any District employee who owns, directly or indirectly, any interest in the proposers' business
or any of its branches. Indicate with either a statement of Conflict of Interest or Non Conflict of Interest and submit with your proposal. 11.0 LOBBYING 11.1 No proposers or person
acting on behalf of the proposer may lobby any District personnel, Audit Committee Members or Board members regarding this RFP from the date the RFP is released until the administration's
recommendation for award has been posted at the Purchasing Department reception center. All oral or written inquiries must be directed through the Purchasing Department. 11.2 Lobbying
is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision
of a Board member or District personnel after advertisement of the RFP and prior to the posted recommendation on the award of the contract. 11.3 Any proposer who is adversely affected
by the recommended award may file a protest within the time prescribed in section 120.57(3), Florida Statutes. Failure to post bond with the Board or to adhere strictly to the requirements
of statutes and State Board of Education rules pertaining to protests will result in summary dismissal by the Purchasing Department. Additionally, any proposer who is adversely affected
by the recommended award may address the Board at a regularly scheduled Board meeting. 11.4 Prohibited lobbying on behalf of proposer during the time specified herein will result in
rejection / disqualification of said proposal. 12.0 SCOPE OF SERVICES 12.1 This section identifies the levels of performance that are desired by the District. Proposers are
instructed to indicate a response to ALL service requirements and specifications contained in this Section in the order listed using the same numbering system. 12.2 The inability
or denial expressed in a proposal, or omission in the proposal, to offer to comply/conform with the technical requirements of this Section of the Request for Proposal may
result in deduction in the allocation of points by the evaluation committee. 12.3 The accounting practices of the District are designed to conform to generally accepted accounting
principles applicable to governmental units and the accounting records meet the standards prescribed by the Florida State Department of Education as required
by law. 12.4 The District issues each year an Annual Financial Report (unaudited) to comply with the Rules of the State Department of Education. Copies of past audited financial statements,
the Comprehensive Annual Financial Report (CAFR) and the Annual Financial Report can be obtained at https://www.palmbeachschools.org/accounting/annual-reports. Firms are encouraged
to thoroughly review the report to obtain a better understanding of the District and its operations. 12.5 There were 52 charter schools sponsored by the District under Section 1002.33
of the Florida Statutes that were in operation as of June 30, 2016, that in accordance with Florida Department of Education (FLDOE) guidelines, the unaudited financial activity for
these schools is presented in the government-wide financial statements as discretely presented component units in the Annual Financial Report. Based on the application of GASB Statement
No. 61, the District determined that charter schools do not meet the criteria to qualify as component units of the District; therefore, they 6 are not included in the District's Comprehensive
Annual Financial Report (CAFR). The charter schools maintain their own set of records and prepare their own financial statements and, as required by law, hire their own external auditors
to conduct the yearly audit and produce audited financial statements. These audits are outside the scope of services of this Request for Proposals. 12.6 The Office of Inspector General,
administered by Lung Chiu, Inspector General, is responsible for the internal auditing activities of the District, pursuant to School Board policy 1.092. The Inspector General reports
directly to the School Board of Palm Beach County, Florida. Findings and recommendations emanating from the Inspector General published reports are submitted to the School Board through
the School Board Audit Committee, a group of volunteer citizens who serve in an advisory capacity to the School Board, pursuant to School Board policy 1.091. The Audit Committee reviews
the work of the internal auditors, the external auditors, and the work of other auditors who provide financial audits on charter schools and other components of the School District.
Audit Committee meetings take place monthly and shall be attended to by the external auditors. Due to workload and limited resources available in the District’s Office of Inspector
General, responders should be aware that any request for assistance from this office will be reviewed on a case by case basis. 12.7 Financial Statements The financial audit of the
School Board of Palm Beach County is required by Section 218.39, Florida Statutes and as defined in Chapter 10.800, Rules of the Auditor General. The examination will be a financial
and compliance audit in order to express an opinion on an annual basis on the financial statements of the School Board. The first year to be audited will be the fiscal year ending June
30, 2017. The examination should be to the extent necessary for the auditor to express an opinion on the fairness with which the financial statements present the financial position
in conformity with generally accepted accounting principles and to determine whether operations are properly conducted in accordance with legal and regulatory requirements, such as
Florida Statutes, the Rules of the Auditor General of the State of Florida, State Board of Education Rules and Regulations, School Board Rules, Federal laws, guidelines, policies and
procedures. For the past eighteen years, the School Board has received the Association of School Business Officials (ASBO) International's Certificate of Excellence in Financial Reporting.
For the past twenty-six years, the School Board has received the Government Finance Officers Association (GFOA) of the United States and Canada's Certificate of Achievement for Excellence
in Financial Reporting. The School Board will continue to submit the CAFR to these two (2) organizations for their consideration. The Office of the Auditor General of the State of
Florida also audits the District. In those years when the Auditor General audits the records, they also conduct the Single Audit required by the Federal government. They are auditing
the District's records for the fiscal year ended June 30, 2016. Yearly, the Auditor General informs the District before year-end whether they will be conducting an audit for the fiscal
year. Therefore, in those years when the Auditor General will not be conducting the audit, the accounting firm will be required to conduct the financial and compliance audit of all
federal financial assistance in accordance with the Federal Single Audit Act Amendments of 1996, and the Uniform Guidance, as well as other applicable Federal laws. The Rules of the
Auditor General of the State of Florida shall also be complied with. Generally Accepted Auditing Standards, and the Government Auditing Standards (2011 revision or subsequent revision,
as applicable), and 7 any amendments and revisions thereto, issued by the Comptroller General of the United States shall be adhered to. The accounting firm shall prepare the audit
report as prescribed by these standards and file the report with the Auditor General of the State of Florida and the various Federal agencies, in accordance with the laws and regulations.
The District is required to submit to the State Commissioner of Education an Annual Financial Report (unaudited) as of June 30th each year. The report must be submitted to the Commissioner
no later than September 11th of each year. 12.8 Review of the Internal Controls Sufficient understanding of the District's internal controls is to be obtained by the accounting firm
to assess the risks, plan the audit and determine the nature, timing, and extent of tests to be performed. The internal control structure includes the control environment related to
accounting systems, and specific control procedures. In order to assess the control risk, the accounting firm is to perform a test of controls and properly document this assessment.
Reportable conditions related to the internal control structure shall be communicated in writing in accordance with Generally Accepted Auditing Standards. Such review shall be conducted
in accordance with applicable Statements of Auditing Standards issued by the American Institute of Certified Public Accountants in relation to the financial statements audit. 12.9
Information Technology Systems Review This is a review of system controls as it relates to financial reporting and controls. A review of controls used in the computer center to assure
protection of files and prevention of processing errors and a review of the data processing operation shall be made part of the review of the internal control structure. Such review
shall be conducted in accordance with applicable Statements of Auditing Standards issued by the American Institute of Certified Public Accountants in relation to the financial statements
audit. 12.10 Audit Report The audit report is to include the Independent Auditor's Opinion, the Audited Financial Statements and the Management Letter, which shall include administrative
responses and shall be addressed to the School Board, the School Board Audit Committee, and the Superintendent of Schools. The auditor is also required to provide as part of the Management
Letter a current status report of findings made in the prior year(s) as to their level of implementation. An oral presentation is to be made summarizing the results of the audit report.
12.10.1 Opinion The audit report shall contain an independent auditor's report (opinion) on the financial statements of the School Board taken as a whole. If an unmodified opinion
cannot be expressed, the nature of the modification should be clearly stated in the opinion. 12.10.2 Financial Statements The audit report shall contain financial statements of the
governmental activities, each major fund, and the aggregate remaining fund information of The School Board of Palm Beach County, Florida, in conformity with US generally accepted accounting
principles. 12.10.3 Management Letter The audit report shall include a Management Letter in compliance with the Rules of the Auditor General which shall contain the audit findings.
8 12.10.3.1 The draft of the Management Letter is to be discussed with the District’s Chief Financial Officer, and the Inspector General, before its issuance in final form. Responses
provided by the administration to the audit findings shall be included in the Management Letter and along with the findings and recommendations presented to the School Board Audit Committee
and to the School Board. 12.10.3.2 Audits Conducted by External Auditing Firm during the Auditor General's Year The Auditor General conducts a financial audit including the Single
Audit, every third year, as provided in Florida Statutes. In the years that the Auditor General conducts the financial audit and the Single Audit, the District shall have the option
not to utilize the services of the external auditor in the particular year that the Auditor General will be conducting both the financial audit and Single Audit of the District. In
the event that the District utilizes the external auditing firm for the financial audit only, the firm will exclude the Single Audit portion of the engagement and shall provide for
a reduced fee in those years. 12.10.3.3 For years when the Single Audit is conducted by the external auditing firm, the appropriate auditor's reports shall be issued, pursuant to the
Federal Single Audit Act Amendments of 1996, and the Uniform Guidance, as well as other applicable Federal laws. 12.10.4 Oral Report An oral presentation shall be made to the School
Board Audit Committee at a scheduled meeting and another meeting may be required to be made to the School Board at a scheduled meeting, summarizing the audit report results. 12.10.5
Field Work For the first year of the engagement, the audit field work should commence before the end of each fiscal year to allow sufficient time so that the reporting deadlines in
the following subsection can be met. 12.10.6 Audit Report Deadline and Distribution The Comprehensive Annual Financial Report (CAFR), comprised of the audit report in its final form,
the independent auditor's opinion, audited financial statements, and the Management Letter are to be completed each year no later than the Monday prior to Thanksgiving Day holiday.
Said reports shall be presented to the Audit Committee at its December meeting, and subsequently, to the School Board at the next regularly scheduled meeting after the Audit Committee
meeting unless the Chief Financial Officer agrees to an extension. In years where the accounting firm is to conduct the Single Audit, the Single Audit reports in final form shall be
received no later than the Monday prior to Thanksgiving Day holiday. Said report shall be presented to the School Board Audit Committee at its December meeting and subsequently to
the School Board at its next regularly scheduled meeting unless the Chief Financial Officer agrees to an extension. All printing and reproduction costs incurred by the accounting firm
shall be considered in submitting the proposal. Proposers will be required to submit the respective project time line and the associated staff assigned to the projects with their submittal.
12.10.7 Working Papers For a period of three years after completion of any work provided herein, the auditor's working papers shall be retained. The School Board and its representatives
shall be entitled, at any time during such three year period, to inspect and reproduce such documents deemed necessary. 9 12.11 SUPPORT PERSONNEL Throughout the audit engagement,
support personnel will be made available to provide assistance for tasks, such as identifying locations of required records and documentation and such other tasks that will serve to
expedite the audit, with the realization that support personnel must be given consideration to effectively perform the day-to-day requirements. In addition, the auditor may communicate
with the predecessor auditor to discuss any matters deemed appropriate, as prescribed by the American Institute of Certified Public Accountants. 12.12 CONTINUING EDUCATION In order
to maintain the expertise of those employees of the District that either account for or audit the records of the school system, continuing education seminars for at least two (2) days
each year shall be provided to the District's accounting, budget and auditing professional staff at no charge. Continuing education seminars will be designed to enhance District staff
knowledge base in accounting and auditing in a governmental environment. 13.0 EVALUATION COMMITTEE MEETINGS 13.1 As stated in Sections 4.0, 15.0 and 16.0 the Evaluation Committee
will be convened to review and evaluate responsive proposals, for the purposes of making a decision as to an intended award recommendation. Per section 286.011, Florida Statutes, the
Evaluation Committee meeting is open to the public. 14.0 PREPARATION AND SUBMISSION 14.1 In order to maintain comparability and enhance the review process, it is requested that proposals
be organized in the manner specified below. Please upload your proposal in one Document. Do not embed documents or links within your response; the upload process to DemandStar may convert
your document into PDF format rendering them useless. Add any attachments to the end of the document. Submit and upload Cost of Services and M/WBE information on a separate document.
It is required that your information be uploaded to DemandStar. Please contact DemandStar at 800-711-1712, or email demandstar@onvia.com if you require assistance with document upload.
14.2 Title Page: Show the date; RFP number; RFP subject; and proposer’s name, address, telephone number and email address. 14.3 Table of Contents: Include a clear identification of
the material by section and by page number. 14.4 Letter of Transmittal: Give the names of the persons who will be authorized to make representations for the proposer and their titles,
addresses, and telephone numbers. 14.5 Required Response Form: Complete the Required Response Form with all required information completed and all signatures as specified. Refer to
Attachment 3. 14.6 Organization Profile: Provide the Corporate Name and Parent Company (if applicable) and address of corporate headquarters. Provide the names, titles, addresses,
email and telephone numbers of the persons authorized to answer any questions related to Company’s proposal. The Organization Profile should also include information such as number
of years in the business, number of locations, location of facilities, company vision statement and a succinct history of the company. In addition the Beneficial Interest and Disclosure
of Ownership Affidavit (PBSD Form 1997) must be completed, signed, notarized and returned with your bid. 14.7 Beneficial Interest Affidavit: Submit Beneficial Interest Affidavit, Form
1997 per paragraph 9.1. Refer to Attachment 4. 10 14.8 Company Financials: Proposers must provide financial statements giving the District enough information to determine financial
stability. These statements may include, but are not limited to: a. Balance Sheet or Annual Report for the last three years b. Three years of income statements and related
earnings c. Statement of Changes in financial position d. Letter from the proposer banking institution e. Statement from certified public accounting firm 14.9 Conflict/Non Conflict
of Interest Statement: Submit Conflict or Non Conflict of Interest Statement per paragraph 10.1. 14.10 Complaint Notifications: Has the proposer within the past ten years had instances
where a complaint was filed or pending against proposer in a legal or administrative proceeding alleging that proposer discriminated on the basis of race, gender, gender identity or
expression, religion, national origin, ethnicity, sexual orientation, age, or disability against its subcontractors, vendors, suppliers, or commercial customers? If yes, as part of
its proposal the proposer shall submit to the District a list of all instances and a description of the status or resolution of each such complaint, including any remedial action taken.
14.11 Experience and Qualifications of the Firm: State the experience your firm has had in the last ten years with auditing of governmental agencies and also include the following:
14.11.1 Submit evidence that the firm is a legal entity in the State of Florida and has performed continuous certified public accounting services for a minimum of five years. 14.11.2
Certify that the firm is a member in good standing of the American Institute of Certified Public Accountants and that the firm is independent 14.11.3 Describe the firm's professional
development program, including the approximate number of days per year of continuing education provided to members of the firm. Also, indicate the number of days of specialized training
in governmental accounting and auditing as well as in computer auditing received during the last two years by personnel who will be assigned to the audit engagement. Indicate whether
the personnel to be assigned to the audit have met the continuing education requirements, as set forth in the Government Auditing Standards issued by the Comptroller General of the
United States. Provide a copy of the most recent external quality control review (peer review). Indicate whether the peer review included a review of the quality of governmental audits.
14.11.4 Disclose any potential impairments of independence, as defined by the American Institute of Certified Public Accountants, of the firm or employees assigned to the audit
engagement. 14.11.5 Describe the results of any desk reviews or field reviews performed by Federal or State Agencies on governmental audits conducted within the last
five years. Disclose whether any disciplinary action has been taken against the firm as a result of these reviews. Provide a current status report on the situation. Disclose any
other disciplinary action taken against the firm within the last five years and provide a current status report on the situation. 14.11.6 Describe the firm's experience in supporting
the clients' efforts in maintaining the Association of School Business Officials (ASBO) and/or Government Finance Officers Association (GFOA) Certificates of Excellence. 11 14.11.7
Describe the firm's procedures in monitoring the progress of the audit and communicating same to the client while the audit is in progress. 14.11.8 Describe the firm's experience with
auditing the IT systems similar to the size of the School District of Palm Beach County. 14.11.9 Describe the firm's experience with auditing self-insured employee benefits program.
14.11.10 Audit Approach: The proposer shall indicate its understanding of the scope of the examination and reporting requirements outlined in Section 12.0 of this RFP. 14.11.11 Availability
of the Proposer: The proposer shall indicate as to the ability and willingness to commit and maintain staffing, both number and level, to successfully conclude the audit examination
within the time constraints outlined in Paragraph 12.10.6 of the Request for Proposals. The proposal shall mention the availability of the partners, managers or staff to meet with the
administration, Audit Committee and the School Board on any material matters that could affect the financial position or result of operations. 14.11.12 Additional information that the
accounting firm deems appropriate to assist the Audit Committee and the administration in evaluating the proposal may be submitted. 14.12 Qualifications of Staff: 14.12.1
Include the names of individuals who will be assigned to the contract, if awarded to proposer. Also, include their resumes with your proposal. Please expand on their experience in the
area they will be serving. The District prefers staff assigned to this contract reside in the following counties: St. Lucie County, Martin County, Palm Beach County, Broward County
and Miami-Dade County. Should any key proposed staff depart the firm the District reserves the right to approve their replacement. Any additional personnel required during the course
of the project and not identified in the Responder’s proposal will be negotiated between both parties before any work commences. The Board also has the right to request any staff member
be replaced if it deems that that staff member is not meeting the requirements of this Request For Proposal. 14.13 Approach / Methodology: At a minimum, 14.13.1 Describe the firm's
specific policies, plans, procedures or techniques used to develop information for Management Letters. 14.13.2 Describe the nature and extent of IT audit techniques typically employed
by the firm in the examination of clients' financial statements, which have substantial data processing applications. 14.14 Time of Completion: State your ability to meet the time
requirements as stated in Paragraph 12.10.6. 14.15 References: Complete the Reference Document and include at least five references, of which three of these references are to be from
large urban school districts similar in size to Palm Beach County School District. This should include at least one reference from a customer who has been with you for a year or less,
three references from veteran customers with long term or repeat contracts, and at least one reference from a past customer who is currently not under contract with you. It is preferred
that these references be for clients that have hired your firm for performance of governmental audits or similar kinds of services. The District reserves the right to contact any or
all references before or after the selection process. See Attachment 5. 12 NOTE: The information requested must include a current contact name, phone number, and email address for
each reference. 14.16 Cost of Services: The pricing portion of the Proposal will be only considered after the other criteria have been scored. Cost submitted shall be for the term
of the contract and shall be firm, fixed, all inclusive amount for the Regular Audit and Single Audit as shown on Attachment 1. No additional fees for these audits will be accepted
by the District and no Change Orders will be issued. The cost of services portion of your proposal for this project must be submitted as a separate document upload to DemandStar. 14.17
Additional Information: For services that may occasionally be required by the District but are not requested in this RFP but fall within the scope of services offered by the awardee,
please provide hourly rates and employee classifications. Refer to Attachment 2. This additional information will not be used in the evaluation of this Request for Proposal. 14.18
Minority/Women Business Participation: The M/WBE Participation portion of your proposal for this project must be submitted as a separate document upload to DemandStar. A representative
from the Office of Diversity in Business Practices will review the M/WBE Participation portion of the submittals and provide to the Evaluation Committee the points to be awarded to
each qualified firm for M/WBE participation. The industry specific classification for this solicitation is: Professional Services- African American, Hispanic American, Native American,
and Woman owned 14.18.1 Proposers are to indicate the extent and nature of the M/WBE’s scope of work with specificity as it relates to the services described in the RFP. The
District does not have reciprocity with any other certifying Agency/Entity, and the State of Florida neither accepts nor recognizes the SDPBC M/WBE certification for State Solicitations.
*SDPBC will accept a State of Florida M/WBE certification on a school district solicitation if the Proposer can demonstrate that they meet the narrowly tailored Race/Gender/Ethnicity/
income guidelines, and relevant market/location criteria. To ensure compliance with program guidelines and intent, proposers presenting State of Florida certification, and/or be counted
towards the M/WBE goal ONLY if their industry specific classification, ethnicity/gender, and income thresholds are consistent with, and meets the standards contained in School Board
Policy 6.143 and the Office of Diversity in Business Practices’ Procedures Manual as depicted in the chart below: (For the purpose of this solicitation, the grayed out areas are not
applicable.) INDUSTRY ETHNICITY / GENDER INCOME THRESHOLD* Construction African American Not to exceed $7,000,000. Non-Professional Services Hispanic American Not to exceed $3,000,000.
Professional Services African American, Hispanic American, Native American, Woman owned Not to exceed $2,000,000. General Procurement Asian American, Native American Not to exceed
$3,000,000. *For verification of compliance with the income threshold, ethnicity, gender, and industry guidelines, bidders presenting State of Florida M/WBE certificate must submit
notarized copies of the front page of tax returns filed with the IRS for each of the previous three years. 13 14.18.2 In order to receive consideration for M/WBE participation, the
proposer or firm(s) to be utilized by the proposer must be certified by the District or the State of Florida at the time that the proposal is received. 14.18.3 Graduation (as described
in School Board of Palm Beach County Policy 6.143) from School District M/WBE Certification shall void acceptance of certification by the State of Florida. Certification shall be verified
and point award shall be determined by the Office of Diversity in Business Practices. 14.18.4 Proposers that are District certified minority or women business enterprises, at the time
of submittal, will be awarded a maximum of ten points. Maximum points will be awarded for 15% or greater minority participation in dollar value of the contract. Points will be prorated
for less than 15% minority participation as indicated in the table shown at the end of this section. 14.18.5 Sub-Contracting/Minority Business Participation: The Board strongly encourages
the use of Minority/Woman owned business enterprises for participation as associates, jointventurers, prime proposers, and subcontractor in contracting opportunities. 14.18.6 In order
to receive evaluation credit for M/WBE participants, the proposer or firm(s) to be utilized by the proposer must be certified as indicated in Paragraph 14.18.1 at the time that the
proposals are due. In order to receive evaluation credit for M/WBE participation, the cost proposal must identify the specific certified M/WBE firm or firms upon which evaluation credit
is sought, shall indicate the extent and nature of the M/WBE’s work, and shall include the percentage of the dollar value of total work which will be received by the M/WBE firm in connection
with its performance as described within the proposer’s technical proposal. 14.18.7 M/WBE participation in auxiliary services (e.g., graphics, printing and other services) is acceptable
but will only be given evaluation credit if it augments the primary service of this RFP. ALL PROPOSERS MUST COMPLETE AND SUBMIT THE M/WBE SUBCONTRACTOR PARTICIPATION LETTER OF INTENT
(FORM 1525) Refer to Attachment 6. 14.18.8 Per Section 7.0 RFP INQUIRIES, any questions concerning conditions and specifications must be submitted by email to the buyer named in the
RFP, however, Listings of District Minority and Women Business Enterprises can be found on the District’s Office of Diversity in Business Practices web site at http://www.palmbeachschools.org/mwbe/.
All companies using minority or women subcontractors will complete the M/WBE SUBCONTRACTOR PARTICIPATION SUMMARY (FORM 1526). See attached Document. This form must be submitted with
requests for payment, and will be submitted as part of the response to the solicitation. Refer to Attachment 7. 14.18.9 If proposer or subcontractor has been denied certification,
graduated from District certification, or would be unable to meet certification requirements, the District will not recognize State Certification. Once an MWBE has graduated [as described
in School Board policy 6.143] from District’s MWBE certification program, the District shall no longer recognize certification by the State of Florida. Points for utilization of State
of Florida certified M/WBE subcontractors shall be assigned as follows: 15% and over 10 points 9% - 14% 8 points 4% - 8% 6 points 1% - 3% 4 points 0% - 0.9%
0 points 14 15.0 ORAL PRESENTATION 15.1 Responders who submit proposals in response to this RFP and are selected by the Evaluation Committee may be required to present an oral
presentation of their proposal to the Evaluation Committee on January 23, 2017. This will provide an opportunity for responders to highlight their proposals. This is only a fact-finding
and explanation session to assist the Evaluation Committee in recommending the successful firm and does not include contract award or negotiations. The presentation is to be based
upon the written proposals received. The presentations will be held at 3300 Forest Hill Blvd., West Palm Beach, Florida 33406. 16.0 PROPOSAL EVALUATION PROCESS: 16.1 RFPs are received
and publicly opened. Only names of responders will be read at this time. 16.2 An Evaluation Committee, consisting of District personnel and a representatives from the School Board
Audit Committee, will convene, review and discuss all proposals submitted. Purchasing personnel will participate in an advisory capacity only. 16.3 In the evaluation and recommendation
process the Committee will assign points to each proposal to evaluation criteria as listed in Section 17.0. 16.3.1 The committee will evaluate and score the criteria listed in Section
12. The points awarded will be based on the following standard: Exceptional – receives full point value Exceeds standards – receives 85% of full point value Meets standards –
receives 75% of full point value Fails to meet all standards – receives 25% of full point value Unacceptable – receives 0% of full point value 16.3.2 Minority/Women Business Participation
will be scored as outlined in Section 14. The M/WBE points will be included as part of the total points as listed in 17.0. 16.3.3 Once the Evaluation Committee has completed the scoring
excluding any consideration of Cost of Services, the proposals shall be ranked in order of preference. 16.4 The Evaluation Committee reserves the right to interview any personnel who
may administer and be assigned to work on the contract before recommendation of award. This interview is to be based upon the written proposal received. 16.5 The results of the Evaluation
Committee’s evaluation and ranking is reviewed and approved by the Audit Committee and the Purchasing Director prior to posting the recommendation. 16.6 The School Board or its designee
shall negotiate a contract with the firm ranked first. If the School Board or its designee is unable to negotiate a satisfactory contract with that firm, negotiations with that firm
shall be formally terminated and the School Board or its designee shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations
shall be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The School Board or its
designee, in negotiating with firms, may reopen formal negotiations with any of the three top-ranked firms, but it may not negotiate with more than one firm at a time. 16.7 Per Board
Policy (6.14) the Purchasing Department will prepare and submit to the Board or it’s designee the intended decision or decision to award or reject any or all proposals received. 15
17.0 EVALUATION CRITERIA 17.1 The Evaluation Committee shall rank all proposals received which meet the submittal requirements. The following factors will be considered in ranking
the proposals received: MAXIMUM POINTS A. Experience and Qualifications of the Firm 50 B. Qualifications of Proposer’s Staff 30 C. Approach / Methodology
10 D. Minority/Women Business Participation 10 _________ Total 100 18.0 CANCELLATION OF AWARD/TERMINATION 18.1 In the event any
of the provisions of the contract are violated by the awarded vendor, the Board or it’s designee, or the Superintendent or his designee will give written notice to the vendor(s) stating
the deficiencies, and unless the deficiencies are corrected within ten days, recommendation will be made to the Board for immediate cancellation. Upon cancellation hereunder, the Board
or it’s designee may pursue any and all legal remedies as provided herein and by law. In the event that it is subsequently determined that a cancellation under this paragraph was incorrect,
the termination shall be converted to a termination for convenience pursuant to the next paragraph. 18.2 The Board, reserves the right to terminate any contract resulting from this
RFP, at any time and for no reason, upon giving 30 days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the Board
will be relieved of all obligations under said contract. The District will only be required to pay to the awarded vendor that amount of the contract actually performed to the date
of termination. 18.3 The awarded proposer will have the option to terminate the contract upon written notice. Such notice must be received at least 90 days prior to the effective
date of termination. 18.4 When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail/Federal Express/United Parcel Service or other
traceable method, postage prepaid, 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 in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: To School Board: Director
of Purchasing Department The School District of Palm Beach County 3300 Forest Hill Blvd., Suite A323 West Palm Beach, FL 33406 With a copy to: Inspector
General The School District of Palm Beach County 3300 Forest Hill Blvd., Suite C306 West Palm Beach, FL 33406 To Contractor: 16 18.5 Cancellation of contract by contract
awarded responder may result in removal from proposer list for a period of three years. 19.0 FUNDING OUT, TERMINATION, CANCELLATION 19.1 Florida School Laws prohibit the Board from
creating obligations on anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the contracts. 19.2 It is necessary that fiscal
funding out provisions be included in all RFPs in which the terms are for periods of longer than one year. 19.3 Therefore, the following funding out provisions are an integral part
of this RFP and must be agreed to by all proposers: The Board may, during the contract period, terminate or discontinue the services covered in this RFP for lack of appropriated funds
upon the same terms and conditions as set forth in Section 18.0, Cancellation of Award / Termination. Such prior written notice will state: a. That the lack of appropriated funds
is the reason for termination, b. That the School Board will not replace the services being terminated with services similar to those covered in this RFP from another vendor in the
succeeding funding period, and c. This written notification will thereafter release The School Board of Palm Beach County, Florida of all further obligations in any way related to such
services and equipment covered herein. 19.4 This completed statement must be included as part of any contract with the successful proposer. No contract will be considered that does
not include this provision for “funding out”. 20.0 DEFAULT 20.1 In the event that the awarded proposer should breach the contract, the Board reserves the right to seek remedies in law
and/or in equity. 21.0 DEBARMENT 21.1 The Board shall have the authority to debar a person / corporation for cause for consideration or award of future contracts. The debarment shall
be for a period commensurate with the seriousness of the causes, generally not to exceed three years. When the offense is willful or blatant, a longer term of debarment may be imposed,
up to an indefinite period. 22.0 ANTI-DISCRIMINATION 22.1 The Proposer certifies that they are in compliance with the non-discrimination clause contained in Section 202, Executive Order
11246, as amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. The provisions of
the ADA Act of 1990 pertaining to employment shall also be applicable. 22.2 The Proposer shall not discriminate on the basis of race, gender, gender identity or expression, religion,
national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub-contractors, vendors, suppliers, or commercial customers.
The Proposer shall provide equal opportunity for sub-contractors to participate in all of its public sector and private sector sub-contracting opportunities, provided that nothing
contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such
as those specified in the Palm Beach County School Board Policy 6.143. The Proposer understands and agrees that violation of this clause is a material breach of the contract and may
result in contract determination, debarment, or other sanctions. 17 23.0 LEGAL REQUIREMENTS 23.1 It shall be the responsibility of the proposer to be knowledgeable of all federal,
state, county and local laws, ordinances, rules and regulations and Board Policies that in any manner affect the items covered herein. Specifically, proposer(s) is to adhere to Board
Policies 3.12 and 3.13, with respect to any criminal arrests and convictions, and is on notice that any employees failing the employee screening under Chapter 435, Florida Statutes,
are precluded from providing services to the District and must be replaced. The proposer’s failure to comply may result in the immediate termination of the contract at the sole discretion
of the Board. Lack of knowledge by the proposer(s) will in no way constitute cause for relief from responsibility. 24.0 ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF
24.1 Pursuant to School Board Policy 1.092, Awarded Proposer agrees and understands that the School District’s Office of Inspector General shall have immediate, complete, and unrestricted
access to all financial and performance-related records, papers, books, documents, information, writings, drawings, graphs, photographs, processes, data or data compilations, computer
hard drives, emails, instant messages, services, and property or equipment purchased in whole or in part with School Board funds ("Information and Records"). Awarded Proposer shall
furnish the Inspector General with all Information and Records requested for the purpose of conducting an investigation or audit, as well as provide the Inspector General with reasonable
assistance in locating assets and obtaining Information and Records that are in the possession, custody, or control of Awarded Proposer or its employees, agents, or subcontractor.
Awarded Proposer understands, acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. 24.2 Such policy is located at: http://www.palmbeachschools.org/policies/.
The IG may need a meeting with Awarded Proposer when the investigation or audit relating to the Agreement is near completion. Awarded Proposer must agree to maintain the confidentiality
of the preliminary/draft report and the information contained therein pursuant to section 119.0713(2), Florida Statutes, and shall enter into a written confidentiality agreement for
the period until the investigation or audit is completed. Awarded Proposer’s failure to enter such written confidentiality agreement shall be deemed to constitute Awarded Proposer's
waiver of the opportunity to respond to the investigation or audit preliminary report, and the investigation or audit shall be completed without Awarded Proposer's response. 25.0 FEDERAL
AND STATE TAX 25.1 The District is exempt from federal and state taxes for tangible personal property. The Purchasing Department Coordinator will sign an exemption certificate submitted
by the successful proposer. Proposer(s) doing business with the District will not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations
with the District, nor will any proposer be authorized to use the District's Tax Exemption Number in securing such materials. 26.0 INSURANCE REQUIREMENTS 26.1 Proof of insurance must
be furnished by the awarded proposers to the District by Certificate of Insurance. All insurance must be issued by a company or companies approved by the Board. 26.2 Original Certificates
of Insurance meeting the specific required provision specified within this RFP shall be forwarded to the District's Purchasing Department by email (insurancecertificate@palmbeachschools.org),
or fax (561-963-3823), and approved prior to the start of any work or the possession of any school property. Renewal certificates must be forwarded to the same department prior to
the policy renewal date. 26.3 Thirty days written notice must be provided to the District via certified mail in the event of cancellation of insurance. The notice of cancellation must
be sent to the Purchasing Department. 18 26.4 The awarded proposer shall provide complete copies of any insurance policy for required coverage within seven days of the date of request
by the Purchasing Department but in any respect at least 30 days prior to the commencement of any term. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY
must be included with the Certificate of Insurance. A. WORKERS' COMPENSATION: Proposer(s) must comply with Section 440, Florida Statutes, Workers’ Compensation and Employees’ Liability
Insurance with minimum statutory limits. B. COMMERCIAL GENERAL LIABILITY: Awarded proposer shall procure and maintain, for the life of the contract, Commercial General Liability Insurance.
This policy shall provide coverage for death, bodily injury, personal injury, products and completed operations liability and property damage that could arise directly or indirectly
from the performance of the contract. It must be an occurrence form policy. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL
GENERAL LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single Limit for Bodily Injury Liability and Property Damage Liability.
C. BUSINESS AUTOMOBILE LIABILITY: Awarded proposer shall procure and maintain, for the life of the contract, Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" form policy. The insurance must be an occurrence form policy.
In the event the awarded proposer does not own any vehicles, the District will accept hired and non-owned coverage in the amounts listed above. In addition, the District will require
an affidavit signed by the awarded proposer indicating the following: ____________________ (Company Name) does not own any vehicles. In the event the company acquires any vehicles
throughout the term of the contract, _______________ (Company Name) agrees to purchase "Any Auto" coverage as of the date of acquisition. D. PROFESSIONAL LIABILITY: The awarded proposer
shall procure and maintain Professional Liability Insurance for the life of the contract, plus two years after completion. This insurance shall provide coverage against such liability
resulting from the contract. The minimum limits of coverage shall be $1,000,000. The deductible shall be the responsibility of the Contractor. The Professional Liability policy
must be continued or tail coverage provided for two years after completion of the contract. 27.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT 27.1 Awarded proposers shall, in addition
to any other obligation to indemnify The School Board of Palm Beach County, Florida and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School
Board, its agents, officers, elected officials and employees from and against all 19 claims, actions, liabilities, losses (including economic losses), costs arising out of any actual
or alleged; A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or
loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged negligent act or omission of the awarded proposer, Contractor, subcontractor, 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 B. violation of law, statute, ordinance, governmental
administration order, rule or regulation by Contractor in the performance of the work; or C. liens, claims or actions made by the awarded proposer or any subcontractor or other party
performing the work. D. claims by third parties (including, but not limited to, Contractor’s employees or subcontractors) based upon an alleged breach by Contractor of any agreement
with such third party (e.g., an employment agreement or licensing agreement), or allegation that Contractor’s provision of services to the School Board pursuant to the Contract infringes
upon or misappropriates a patent, copyright, trademark, trade secret, or other proprietary right of the third party. 27.2 The indemnification obligations hereunder shall not be
limited to any limitation on the amount, type of damages, compensation or benefits payable by or for the awarded proposer of any subcontractor under workers' compensation acts; disability
benefit acts, other employee benefit acts or any statutory bar. 27.3 School Board acknowledges the waiver of sovereign immunity for liability in tort contained in Section 768.28,
Florida Statutes, and acknowledges that such statute permits actions at law to recover damages in tort for monetary damages up to the limits set forth in such statute for death, personal
injury or damage caused by the negligent or wrongful acts or omissions of a School Board employee acting within the scope of the employee’s office or employment. The School Board agrees
to be responsible for all such claims and damages, to the extent and limits provided in Section 768.28, Florida Statutes, arising from the actions of their respective employees. Each
party acknowledges and it is expressly understood that the foregoing shall not constitute: (i) an agreement by the School Board to indemnify the School; (ii) a waiver of sovereign immunity
by the School Board; (iii) a waiver of any right or defense that the School Board has under Section 768.28, Florida Statute, or any other statute; nor (iv) as consent to be sued by
third parties. 27.4 Bidder recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration
provided by the School Board in support of this indemnification in accordance with the laws of the State of Florida. This article will survive the termination of this Contract. 28.0
WAIVER OF SUBROGATION 28.1 In the event of loss, damage or injury to the awarded proposer and/or the awarded proposer property, the awarded proposer shall look solely to any insurance
in its favor without making any claim against the School Board of Palm Beach County. The awarded proposer hereby waives any right of subrogation against the School Board of Palm Beach
County, for loss, damage or injury within the scope of the Performer's insurance, and on behalf of itself and its insurer, waives all such claims against the School Board of Palm Beach
County. 20 NOTE: The terms and conditions of this agreement shall apply with respect to Awarded Proposer’s operations for any school or ancillary owned by the School Board of Palm
Beach County. 29.0 PAYMENT AND PAYMENT TERMS 29.1 Invoices SHALL include the following to permit verification of prices and ensure proper processing of payment requests: 1. Name
and Address of Vendor 2. A Unique Invoice Number 3. Date of task completion 4. Cost of Services 5. Purchase Order Number All pricing shall be in accordance with
the Cost of Services listed in “Exhibit B” of the Contract. 29.2 Electronic Invoicing: To submit an invoice as an email attachment, ensure that the electronic document meets the
guidelines below and email the invoice to apinvoice@palmbeachschools.org. Electronic Invoice Submission Guidelines: a. Submit industry standard PDF’s, created at a 300-dpi bi-tonal
equivalent (either image or text only content) or bi-tonal or grey scale TIF’s b. Each invoice must be its own file attachment. Multiple invoices in a single email is supported, but
each invoice must be a separate file attachment. If you are interested in learning more about submitting invoices via email, please contact Bob Rucinski at bob.rucinski@palmbeachschools.org,
or call him at (561) 434-8701. 30.0 PUBLIC RECORDS LAW 30.1 The Responder shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the
School Board of Palm Beach County in order to perform the service to the Board under this agreement. b. Upon request from the Board's custodian of public records, provide the Board
with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Responder does not transfer the records to the Board. d. Upon completion
of the Agreement, transfer, at no cost, to the Board all public records in possession of the Responder or keep and maintain public records required by the Board to perform the service.
If the Responder transfers all public records to the Board upon completion of the Agreement, the Responder shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Responder keeps and maintains public records upon completion of the Agreement, the Responder shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the Board, upon request from the Board's custodian of public records, in a format that
is compatible with the information technology systems of the Board. Failure of Responder to abide by the terms of this provision shall be deemed a material breach of this Agreement.
This provision shall survive any termination or expiration of this Agreement. In the event of a dispute regarding the enforcement of this provision where the Responder has unlawfully
refused 21 to comply with the public records request within a reasonable time, the School Board shall be entitled to recover its reasonable costs of enforcement, including reasonable
attorney's fees from the vendor as authorized by 119.0701, Fla. Stat. IF THE RESPONDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585,
PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406. 30.2 Public Records Exemption: 30.2.1 For purposes of this paragraph, “competitive
solicitation” means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement.
30.2.1 Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 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. 30.2.2 If an agency rejects
all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation,
the rejected bids, proposals, or replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended
decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than
12 months after the initial agency notice rejecting all bids, proposals, or replies. 30.3 Trade Secrets: 30.3.1 Any language contained in the Proposer’s response to the RFP purporting
to require confidentiality of any portion of the Proposer’s response to the RFP, except to the extent that certain information is in the School District’s opinion a Trade Secret pursuant
to Florida law, shall be void. 30.3.2 If a Proposer submits any documents or other information to the School District which the Proposer claims is Trade Secret information and exempt
from Florida Statutes Chapter 119.07 (“Public Records Law”), the Proposer shall clearly designate that it is a Trade Secret (in bold 14 point font and capitalized letters) and that
it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida law. The School District shall not be liable
for the use or disclosure of trade secret data that Proposer has failed to mark as such. 30.3.3 The Proposer agrees and consents that the School District shall be the final arbiter
of whether any information contained in the Proposer’s response to the RFP constitutes a Trade Secret. Pricing will not be considered a Trade Secret. 22 30.3.4 The School District’s
determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the School District and School Board and the School District’s
officers, employees, School Board members, and agents, against any loss, damages, judgments, attorneys’ fees or costs incurred by any person or entity as a result of the School District’s
treatment of records as public records or records exempt as Trade Secrets. Proposals purporting to be subject to copyright protection in full or in part will be rejected. 30.3.5 EXCEPT
FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL, AND DO NOT MARK YOUR RESPONSE
TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 30.3.6 The School District will provide Proposer with prompt notice by phone and/or email of any request for public records in which
that Proposer has claimed an exemption information being a Trade Secret so that the Proposer may seek, at its sole expense, an appropriate protective order from a court of competent
jurisdiction. In the event the Proposer elects not to seek an appropriate protective order or is unable to obtain such an order within no later than ten (10) business days following
receipt of notice, the Proposer agrees and consents that the School District shall be permitted to respond to the public records request with the response not being deemed a breach
by the School Board of its obligations under the Agreement or the Florida Statutes governing Trade Secret exemptions. The Proposer would then be waiving any rights relating to Trade
Secrets under Florida law. Proposer agrees to defend, indemnify, and hold harmless the School District and School Board and the School District’s officers, employees, School Board members,
and agents, against any loss, damages, judgments, attorneys’ fees or costs incurred by School Board as a result of the School District’s providing the records in response to the public
records request or withholding them based on Proposer’s assertion of the Trade Secret exemption. 30.3.7 The indemnification provisions survive the School Board’s award of the contract
and remain as long as the trade secret data is in the possession of the School Board. 31.0 PERMITS AND LICENSES 31.1 The awarded proposer will be responsible for obtaining any necessary
permits and licenses and will comply with laws, rules, and regulations whether state or federal and with all local codes and ordinances without additional cost to the Board. 32.0 INTELLECTUAL
PROPERTY RIGHTS 32.1 In addition to any obligation to indemnify the Board under the terms of the contract, the Awarded Proposer agrees to the fullest extent permitted by law, protect,
defend, indemnify and hold harmless the Board, its agents, officers, elected officials, and employees from and against any and all claims, damages, expenses, actions, liabilities, losses
including economic losses, costs, or attorneys’ fees arising out of any allegation by a third party that the Awarded Proposer’s performance of the contract infringes or misappropriates
a patent, copyright, trademark, trade secret, or other proprietary right of the third party or violates state or federal confidentiality laws or other agreement between the Awarded
Proposer and a third party. If the proposer(s) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual
property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or
materials in any way involved in the work. 23 32.2 This article will survive the termination of any contract with the Board. 33.0 COST INCURRED IN RESPONDING 33.1 All costs directly
or indirectly related to proposal preparation, representation or clarification shall be the sole responsibility of and be borne by the proposer. 34.0 SUB-CONTRACTS 34.1 Nothing contained
in this specification will be construed as establishing any contractual relationship between any subcontractor(s) and the Board. 34.2 The proposer(s) will be fully responsible to the
Board for the acts and omissions of the subcontractor(s) and their employees. 34.3 After award of contract, any changes in subcontractor or sub-proposers requires prior Board written
approval. 35.0 INDULGENCE 35.1 Indulgence by the Board on any non-compliance by the proposer does not constitute a waiver of any rights under this RFP. 36.0 JOINT PROPOSAL 36.1 In the
event multiple proposers submit a joint proposal in response to the RFP, a single proposer shall be identified as the Prime Vendor. If offering a joint proposal, Prime Vendor must
include the name and address of all parties of the joint proposal. Prime Vendor shall provide all bonding and insurance requirements, execute any contract, complete the REQUIRED RESPONSE
FORM shown herein, and have overall and complete accountability to resolve any dispute arising out of the contract. Only a single contract with one proposer shall be acceptable. Prime
Vendor responsibilities shall include, but not be limited to, performing of overall contract administration, preside over other proposers participating or present at District meetings,
oversee preparation of reports and presentations, and filing any notice of protest and final protest as described herein. Prime Vendor shall also prepare and present a consolidated
invoice(s) for services performed. The District shall issue only one check for each consolidated invoice to the Prime Vendor for services performed. Prime Vendor shall remain responsible
for performing services associated with response to this RFP. 37.0 CONTRACT DISCLOSURE 37.1 Upon the District’s request, and upon the filing of a complaint against proposer pursuant
to School Board Policy 6.144, proposer agrees to provide the District, within sixty calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers
that proposer has used in the past five years on any of its contracts that were undertaken within the District relevant geographic market as defined School Board Policy 6.143, including
the total dollar amount paid by proposer for each subcontract or supply contract. Proposer agrees to fully cooperate in any investigation conducted by the District pursuant to this
Policy. Proposer understands and agrees that a violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions.
38.0 THE JESSICA LUNSFORD ACT 38.1 All awarded proposers who are permitted access on school grounds when students are present, who may have direct contact with any student of the District,
or who may have access to or control of school funds must be fingerprinted and background checked. Awarded proposer agrees to undergo a background check and fingerprinting if he/she
is an individual who meets any of the above 24 conditions and to require that all individuals in the organization who meet any of the conditions to submit to a Level 2 FDLE background
check and FBI screening, including fingerprinting by the School District’s Police Department, at the sole cost of Awarded proposer. The report of the results will be immediately transmitted
to the School District’s Police Department, which shall be the sole determiner of clearance. Awarded proposer shall not begin providing services contemplated by the Invitation to Bid
until Awarded proposer receives notice of clearance by the School District and is issued School District badges. Compliance requiring all awarded proposers to register as a visitor
before entering school property and proper display of School District badges will be strictly enforced. Neither the Board, nor its members, officers, employees, or agents, shall be
liable under any legal theory for any kind of claim whatsoever for the rejection of Awarded proposer (or discontinuation of Awarded proposer’s services) on the basis of these compliance
obligations. Awarded proposer agrees that neither the Awarded proposer, nor any employee, agent or representative of the Awarded proposer who has been convicted or who is currently
under investigation for a crime delineated in section 435.04, Florida Statutes, will be employed in the performance of the contract. 39.0 DISQUALIFYING CRIMES 39.1 The proposer certifies
by submission of this RFP, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation
in this transaction by the State of Florida or Federal Government. Further, proposer certifies that it has divulged, in its RFP response, information regarding any of these actions
or proposed actions with other governmental agencies. 39.2 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 RFP on a contract to provide any goods or services to a public entity, may not submit a RFP on a contract with a public entity for the construction or repair of a public
building or public work, may not submit RFPs on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or Awarded Proposer
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. 39.3 The contract awarded proposer or any subcontractors shall not employ any persons with
multiple felonies and / or crimes against children. The contract awarded proposer must provide documented proof of efforts to comply with this requirement. The Board may declare any
non-compliance or lack of diligent effort by the contract awarded proposer to comply as a breach of contract and immediately terminate the services of the contract awarded proposer.
40.0 Paragraph Intentionally Deleted 41.0 ASSIGNMENT OF CONTRACT AND/OR PAYMENT 41.1 The proposer shall not enter into subcontracts, or assign, transfer, convey, sublet, or otherwise
dispose of the ensuing contract, or any or all of its right, title or interest herein, or its power to execute such contract to any person, company, or corporation without prior written
consent of the District. 41.2 The proposer will be prohibited from publishing or releasing any information related to the requested services without the prior written permission of
the District. All reports and other documents resulting from the ensuing contract will remain the sole property of the District. 42.0 REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY
42.1 Possession of firearms will not be tolerated in or near school buildings, nor will violations of Federal and State laws and any applicable School Board policy regarding Drug Free
Workplace be tolerated. Violations will be subject to the immediate termination provision heretofore stated in Section 18.1. 25 42.2 "Firearm" means any weapon (including a starter
gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive
device; or any machine gun. 42.3 If any employee of an independent proposer or contractor is found to have brought a firearm in a District building, said employee will be terminated
from the Board project by the independent proposer or contractor. If the proposer fails to terminate said employee, the proposers contract with the Board shall be terminated. 42.4
Proposers are advised that they are responsible to ensure that no employee, agent or representative of their company who has been convicted or who is currently under investigation for
a crime against children in accordance with section 435.04, Florida Statutes, will enter onto any school site. 43.0 AGREEMENT 43.1 A purchase order and/or a contract will be released,
after award, for any work to be performed as a result of this RFP. The proposal, response to the proposal, all attachments, any addendum released, agreement if applicable, and the corresponding
purchase order will constitute the complete agreement between proposer and the Board. Should there be any conflict between the terms of the RFP, response to the RFP (proposal), and
the terms of the contract (Sample Contract), the terms of the contract shall be final and binding and the RFP shall control where in conflict with the proposal. 43.2 If proposer requires
an additional contract, then proposer should include their sample contract as an attachment to the proposal submitted for review. 44.0 POSTING OF RFP CONDITIONS / SPECIFICATIONS 44.1
This RFP will be posted for review by interested parties, at DemandStar.com and at the Fulton Holland Educational Services Center, Purchasing Department, 3300 Forest Hill Boulevard,
3rd Floor, A-Wing, Suite A-323, West Palm Beach, FL, on the date of RFP electronic mailing and will remain posted for a period of 72 hours. Failure to file a specification protest
within the time prescribed in section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes, and applicable School Board rules, regulations
and policies. 45.0 POSTING OF RFP RECOMMENDATION / TABULATIONS 45.1 RFP recommendations and tabulations will be posted electronically with DemandStar and at 3300 Forest Hill Boulevard,
Third Floor, A-Wing Suite A-323, West Palm Beach, FL, for review by interested parties on February 3, 2017 at 3:00 p.m., and will remain posted for a period of 72 hours. If the RFP
tabulation with recommended awards is not posted by said date and time, A "Notice of Delay of Posting" will be posted to inform all proposers of the new posting date and time. 45.2
Any person adversely affected by the decision or intended decision, as defined in School Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after
the posting of the notice of decision or intended decision. Saturdays, Sundays and State Holidays shall be excluded in the computation of the 72-hour time period. The formal written
protest must be filed within 10 days after the date the notice of protest is filed. The formal written protest shall state with particularity the facts and law upon which the protest
is based. Failure to file a notice of protest or to file a formal written protest within the time prescribed in section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings
under chapter 120, Florida Statutes. 45.3 Any person who files an action protesting an RFP specification, a decision or intended decision pertaining to this RFP pursuant to section
120.57(3)(b), Florida Statutes shall post with the Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida
payable to the School Board of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more 26 than $5,000. Bond shall
be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate
court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be acceptable form of security. If, after completion
of the administrative hearing process and any appellate court proceedings, the Board prevails, it shall recover all costs and charges included in the final order of judgment, including
charges by the Division of Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. Revised 10/4/16 ATTACHMENT 1
COST OF SERVICES RFP 17C-009L The pricing portion of the Proposal will be only considered after the other criteria have been scored. Refer to Paragraph 14.16. Cost Submitted shall
be for the term of the contract and shall be a firm, fixed allinclusive amount for the Regular Audit and Single Audit as shown below. No additional fees for these audits will be accepted
by the District and no Change Orders will be issued. The cost of services portion of your proposal for this project must be submitted as a separate document upload to DemandStar.
The firm(s) shall submit a firm, fixed all-inclusive amount for three years to be audited in fiscal years ending June 30, 2017, 2018, 2019 and a breakdown for each year for the regular
financial audit. Additionally, a separate, amount for each of the three fiscal years is to be provided for the single audit. 1. Regular Audit – Fee for the regular audit of
the financial records for the fiscal years ending June 30, 2017, 2018, and 2019. $ _______________ Breakdown as follows: Fiscal Year Ending
June 30, 2017 $ ____________ Fiscal Year Ending June 30, 2018 $ ____________ Fiscal Year Ending June 30, 2019 $ ____________ 2. Single Audit – Fee for the single audit of the
financial records for the fiscal years ending June 30, 2017, 2018, and 2019. $ _______________ Breakdown as follows: Fiscal Year Ending June
30, 2017 $ ____________ Fiscal Year Ending June 30, 2018 $ ____________ Fiscal Year Ending June 30, 2019 $ ____________ 3. Total for regular audit and single audit of the financial
records for the fiscal years ending June 30, 2017, 2018, and 2019 $ _______________ Revised 10/4/16 ATTACHMENT 2 ADDITIONAL INFORMATION ADDITIONAL SERVICES RFP
17C-009L For services that may occasionally be required by the District but are not requested in this RFP but fall within the scope of services offered by the awardee, please provide
hourly rates and employee classification as shown in table below. This Additional Information will not be used in the evaluation of this Request for Proposal Employee Classification
Hourly Rate Revised 10/19/12 SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT 3300 Forest Hill Blvd, Suite A-323 West Palm Beach, FL 33406-5813 REQUEST FOR
PROPOSAL (RFP) REQUIRED RESPONSE FORM This proposal must be submitted to DemandStar for the School District of Palm Beach County, Purchasing Department, no later than the time stated
on the RFP. Proposals are due and will be opened at this time. Anti-Collusion Statement / Public Domain I, the undersigned proposer have not divulged, discussed, or compared this
proposal with any other proposer and have not colluded with any other proposer 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 electronically submitting the following information as my company's proposal and understand that by virtue of executing and returning with this proposal this REQUIRED RESPONSE
FORM, I further certify full, complete and unconditional acceptance of the contents of this Request for Proposal, and all appendices and the contents of any Addendum released hereto.
Proposal must be signed by an officer or employee having authority to legally bind the proposer. PROPOSER (firm name): STREET ADDRESS: CITY & STATE: ELECTRONIC SIGNATURE OF AUTHORIZED
REPRESENTATIVE: TITLE: DATE: CONTACT PERSON: CONTACT PERSON'S ADDRESS: TELEPHONE: FAX: TOLLFREE: E-MAIL ADDRESS: INTERNET URL: PROPOSER TAXPAYER IDENTIFICATION NUMBER: THE
SCHOOL DISTRICT OF PALM BEACH COUNTY Beneficial Interest and Disclosure of Ownership Affidavit Project No./ Title Corporate Name Tax FEIN No. Before me, the undersigned authority, personally
appeared, , ("Corporate Representative") this day of , 20 , who,
first being duly sworn, as required by law, subject to the penalties prescribed for perjury, deposes and says: Corporate Representative has read the contents of this Affidavit, has
actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct, and complete. The following is a list of every "person" (as defined in
Section 1.01(3), Florida Statues to include individuals, children firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations
and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet) 1) 2) A. Persons or
corporate entities owning 5% or more: B. Persons or corporate entities who hold by proxy the voting power of 5% or more: C. Stock held for others and for whom held: CORPORATE REPRESENTATIVE
SWORN TO and subscribed before me this Notary Public (Print, Type or Stamp Name of Notary Public) (NOTARY PUBLIC SEAL) PBSD 1997 (Rev. 02/22/2011) Bid No. By: day of as identification.
, 20 , by Such person(s) (Notary Public must check applicable box). is/are personally known to me. produced a current driver license(s). produced 1. 2. 1. 2. 1. 2. Name Address Percentage
Name Address Percentage 1. Name / 2. From Whom Held Address Percentage ATTACHMENT 4 SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT REFERENCES Vendor Name:________________________
Bid number/Name:_______________________________ This information will be used in the evaluation of this bid. List a minimum number of required references as stated in the Special
Conditions which show experience in similar work, to include nature and scope of work, which demonstrates an expertise in providing the services as stated herein. Provide scope of
work, contact name, addresses, telephone numbers and dates of service. Reference 1 – New Customer (one year or less) Name of Firm: Scope of Work: Cost of Service: Date
of Service: Contact Person: Email: Phone #: Address: Reference 2 – Past Customer (currently not doing business) Name of Firm: Scope of Work: Cost of Service: Date of
Service: Contact Person: Email: Phone #: Address: Reference 3 – Repeat or Long Term Customer Reference 4 – Repeat or Long Term Customer Reference 5 – Repeat or Long Term
Customer Name of Firm: Scope of Work: Cost of Service: Date of Service: Contact Person: Email: Phone #: Address: Name of Firm: Scope of Work: Cost of Service:
Date of Service: Contact Person: Email: Phone #: Address: Name of Firm: Scope of Work: Cost of Service: Date of Service: Contact Person: Email: Phone #: Address:
THE SCHOOL DISTRICT OF PALM BEACH COUNTY OFFICE OF DIVERSITY IN BUSINESS PRACTICES Participation Letter of Intent BID/RFP or Project Name BID/RFP or Project # Name of Bidder/Construction
Manager Submit completed form to the Senior Project Administrator (SPA). Direct all questions to (561) 434-8508. Form must be submitted to Demandstar.com The undersigned intends
to perform work with the above project as (check one): * If a joint venture, attach letterhead or other documentation proving relationship. The undersigned intends to perform work with
the above project as (check one): The undersigned is: Certified with the School District of Palm Beach County M/WBE Coordinator African American Asian American Hispanic American Native
American American Physically ImpairedFemale Male The undersigned is: (MWBE must check one in column 1 and column 2; Column 2. completed by both MWBE or SBE; Column 3 completed by
MWBE or SBE if applicable) PARTICIPATION The undersigned intends to perform the following work in connection with the above project: Item No. Division No. Contract (Trade) Items (Description/Divisio
n) Amount Signature Date Name of M/WBE or SBE Subcontracting Firm Name and Position (type or print) PBSD 1525 (Rev. 7/6/2011) ORIGINAL - Office of Diversity in Business Practices
Individual Partnership Corporation Joint Venture* Subcontractor Subconsultant Manufacturer Supplier INTERNAL USE ONLY - ROUTING DISPOSITION All executed originals of the form must be
submitted to the Office of Diversity in Business Practices 3300 Forest Hill Blvd., A-106, West Palm Beach, FL 33406-5813 Column 1 (MWBE ONLY) Column 2 (MWBE ONLY) Column 3 subcontractor,
the amount of any such subcontract must be stated $ If the undersigned intends to sub-contract any portion of this subcontract to a non-certified M/WBE or SBE Certified with the
State of Florida, Department of General Services (Provisional) Small Business Enterprise (SBE)Minority/Women Business Enterprise (M/WBE) ATTACHMENT 6 PBSD 1526 (Rev. 8/31/2010) THE
SCHOOL DISTRICT OF PALM BEACH COUNTY2. PROJECT NUMBER 1. PROJECT NAME3. PHASE (Precon, Demo, Const)4. TOTAL BID OR CM SERVICES* AMT. (Required) * GMP SUMMARY AMOUNTS (Pre-construction
phase fee + Construction phase fee + CM Fee only) Subject to Agreement with the Construction Manager, the Subcontractor firms (minority & non-minority) listed below will participate
in this project for the Contract (Trade) Items and the dollar amounts shown. Subcontractors represented as Certified MWBEs/SBEs are certified according to requirements established in
the Proposal & Contract documents. A copy of the certification and signed Letter of Intent must be attached for each MWBE/SBE. List must also include non-minority firms. CM's Firm
Name Name/Position Signature/Date TOTAL SBE/MWBE Services Participation TOTAL Percentage of Total Bid (Alternates & Change Orders) TOTAL Non-MWBE/SBE Participation Page 1 of 3 YesNo
YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo PERCENTAGE % AMOUNT MWBE or SBE (Yes or No ) DESCRIPTION CONTRACT AMOUNT BUDGET (Est. Cost) SUBCONTRACTOR /
SUBCONSULTANT / VENDOR NAME Div. No. SubconsultantSubcontractorVendor Check One: Subconsultant, Subcontractor & Vendor Participation Services SUBTOTAL (this page only)> MWBESBECheck
One: (Do not exceed 100%) Attachment7 PBSD 1526 (Rev. 8/31/2010) SUBTOTAL (this page only)> Page 2 of 3 TOTAL BID OR CM SERVICES* AMT. (Required) PHASE (Precon, Demo, Const) PROJECT
NUMBER PROJECT NAME Subconsultant, Subcontractor & Vendor Participation Services YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo
YesNo No. MWBE/SBE (Yes or No ) MWBE ONLY AMOUNT PERCENTAGE % SUBCONTRACTOR / SUBCONSULTANT / VENDOR NAMEDESCRIPTION CONTRACT AMOUNT BUDGET (Est. Cost) PBSD 1526 (Rev. 8/31/2010) SUBTOTAL
(this page only) > TOTAL BID OR CM SERVICES* AMT. (Required) PHASE (Precon, Demo, Const) PROJECT NUMBER PROJECT NAME Page 3 of 3 Subconsultant, Subcontractor & Vendor Participation
Services YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo YesNo PERCENTAGE % MWBE ONLY AMOUNT MWBE/SBE (Yes or No ) No. SUBCONTRACTOR
/ SUBCONSULTANT / VENDOR NAMEDESCRIPTION CONTRACT AMOUNT BUDGET (Est. Cost) SAMPLE Revised 8/3/16 CONTRACT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND
________________________________________ This Contract entered into this ___ day of _________, 20__, (insert the date following the Board Meeting prior to submitting to legal) between
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic of the State of Florida (hereinafter referred to as “School Board”), and __________________, located at _____________________
____________ (hereinafter referred to as the "Contractor"), to provide _____________________________________. SECTION I - Term of Contract This Contract shall be for the term beginning
____________________, 20__ (the “Effective Date”) and ending on _____________, 20__ (the “Expiration Date”). Provided this Contract has not been terminated pursuant to any other provision
of this Contract, the School Board and Contractor shall have the option to renew the Contract for two (2) additional one (1) year terms, provided the School Board’s authorized agent
delivers written notice of its decision to exercise its option to renew to Contractor no later than the Expiration Date of the Contract, terms are mutually agreed upon, and the parties
execute a written amendment to this Contract. SECTION II – Services The Contractor shall provide ________________________________ as set forth in Exhibit “A”, attached hereto and
as specified in Contractor’s proposal, in response to (choose one) BID/RFP/RFI/ITN No. ___________, which is incorporated herein by this reference. (choose one) BID/RFP/RFI/ITN No.
_______, all addenda issued to the (choose one) BID/RFP/RFI/ITN, if any, the Contractor’s response to the (choose one) BID/RFP/RFI/ITN; and any School District ordering or authorizing
documents such as purchase orders are also made a part of this contract. To the extent that any conflict exists between the provisions of this contract and the documents incorporated
by reference, the order of precedence shall apply: 1) this contract document, 2) the above referenced (choose one) Bid/Request for Proposal/Request for Information/Invitation to Negotiate,
including any addenda, 3) any School District ordering or authorizing documents such as purchase orders, and 4) Contractor’s response to the (choose one) BID/RFP/RFI/ITN, including
any appendix and exhibits. SECTION III - Cost of Services The Contractor shall be paid for services as set forth in Exhibit “B”, attached hereto and made a part hereof.
SECTION IV - Assignment Neither this Contract nor any right or interest herein may be assigned, transferred, or encumbered
by either party without the prior written consent of the other party. The Contract shall make no partial assignments of this Contract including, without limitation, the partial assignment
of any right to receive payments or compensation from the School Board. SAMPLE 2 SECTION V – Indemnification/ Hold Harmless Agreement Contractor shall, in addition to any other obligation
to indemnify the School Board and to the fullest extent permitted by law, protect, defend, indemnify, and hold harmless the School Board, its agents, officers, elected officials, and
employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual: A. bodily injury, sickness, disease or death, or
injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have resulted in whole or in
part from any actual act or omission of the Contractor, subcontractor, 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 B. violation of law, statute, ordinance, governmental administration order, rule or regulation by Contractor in the performance of the work; or C. liens,
claims or actions made by the Contractor or any subcontractor or other party performing the work; or D. claims by third parties (including, but not limited to, Contractor’s employees
or subcontractors) based upon an alleged breach by Contractor of any agreement with such third party (e.g., an employment agreement or licensing agreement), or allegation that Contractor’s
provision of services to the School Board pursuant to the Contract infringes upon or misappropriates a patent, copyright, trademark, trade secret, or other proprietary right of the
third party. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for the Contractor
of any subcontractor under workers' compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar. Contractor recognizes the broad nature of this indemnification
and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board in support of this indemnification in accordance with
the laws of the State of Florida. This article will survive the termination of this Contract. SECTION VI – Insurance
Insurance will be required as stated below. The School Board shall be named as an additional insured. The Contractor shall provide the Certificates(s) of Insurance for required coverages
within seven (7) days of the date of request by the Purchasing Department, but in any respect at least thirty (30) days prior to the commencement of any Term. A. WORKERS' COMPENSATION:
the Contractor must comply with each state Workers’ Compensation and Employees’ Liability Insurance minimum statutory limits where employees are located. B. COMMERCIAL GENERAL LIABILITY:
the Contractor shall procure and maintain, for the life of the Contract, Commercial General Liability Insurance. This policy shall provide coverage for death, bodily injury, personal
injury, products and completed operations liability and property damage that could arise directly or indirectly from the performance of the Contract. It must be an occurrence form
policy. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY INSURANCE. The minimum limits of coverage
shall be $1,000,000 per occurrence, Combined, Single Limit for Bodily Injury Liability and Property Damage Liability. C. BUSINESS AUTOMOBILE LIABILITY: the Contractor shall
procure and maintain, for the life SAMPLE 3 of the Contract, Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED
ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence, and $5,000,000 Combined Single Limit for Bodily
Injury Liability and Property Damage Liability. This coverage shall be an “Any Auto” form policy or a form policy that includes “Scheduled Autos, Hired Autos, and Non-Owned Autos”
coverage. The insurance must be an occurrence form policy. In the event the contractor does not own any vehicles, we require an affidavit signed by the contractor indicating the
following: ____________________ (Company Name) does not own any vehicles. In the event we acquire any vehicles throughout the term of this contract/agreement, _______________ (Company
Name) agrees to purchase Business Automobile Liability coverage as indicated above on the date of acquisition. D. PROFESSIONAL LIABILITY: The Contractor shall procure and maintain
Professional Liability Insurance for the life of this Contract, plus two years after completion. This insurance shall provide coverage against such liability resulting from this Contract.
The minimum limits of coverage shall be $1,000,000. The deductible shall be the responsibility of the Contractor. The Professional Liability policy must be continued or tail coverage
provided for two years after completion of the Contract. SECTION VII –Termination of Contract The School Board reserves the right to terminate this Contract for convenience, at
any time and for no reason, upon giving thirty (30) days prior written notice to Contractor. If the Contract is terminated for convenience as provided herein, the School Board shall
be relieved of all obligations under the Contract. The School Board will only be required to pay to the Contractor that amount of the Contract actually satisfactorily performed to
the date of termination. The Contractor shall not be entitled under any theory to payment for work not actually performed or lost profits. If the Contractor materially breaches its
obligations under this Contract, the Superintendent will provide written notice of the deficiency by forwarding a notice citing the specific nature of the material breach. The Contractor
shall have thirty (30) days to cure the breach. If the Contractor fails to cure the breach within the thirty (30) day period, the Superintendent shall issue a Notice of Termination
for Default. Once the Superintendent has notified the Contractor that it has materially breached its Contract with the School Board, the Superintendent shall recommend to the School
Board that it terminates the Contract for Cause. Notwithstanding the foregoing, the School Board reserves the right to terminate this Contract immediately with cause if necessary to
protect the health, safety, and/or welfare of the School District’s students or employees. The School Board shall review and consider the Superintendent’s recommendation and determine
whether the Contractor should be suspended from doing future work with the School Board, and if so, for what period of time. The School Board will consider the seriousness of the breach
in making a determination as to whether a Contractor should be debarred, and if so, for what period of time. Should the School Board terminate for default in accordance with this provision,
the School Board shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. For purposes of this Section, a “material breach” shall
be defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and
conditions of the Contract. SAMPLE 4 The Contractor shall have the option to terminate the Contract upon written notice to the Director of Purchasing. Such notice must be received
at least sixty (60) days prior to the effective date of termination. Early termination of the Contract by the Contractor may result in removal from bidders/responder list and may result
in Contractor being debarred as set forth in Section X. SECTION VIII - Funding Out The performance by the School Board of its obligations under this Contract shall be subject to and
contingent upon the availability of funds appropriated by the School Board for each year of this Contract. In the event the School Board does not approve funding for any subsequent
fiscal year, this Contract shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Contract to the contrary. The School Board will notify the
Contractor in writing after the adoption of the final School Board budget for each subsequent fiscal year if funding is not approved for this Contract. SECTION IX – Jessica Lunsford
Act All awarded bidders who are permitted access on school grounds when students are present, who may have direct contact with any student of the District, or who may have access to
or control of school funds must be fingerprinted and background checked. Awarded bidder agrees to undergo a background check and fingerprinting if he/she is an individual who meets
any of the above conditions and to require that all individuals in the organization who meet any of the conditions to submit to a Level 2 FDLE background check and FBI screening, including
fingerprinting by the School District’s Police Department, at the sole cost of Awarded bidder. The report of the results will be immediately transmitted to the School District’s Police
Department, which shall be the sole determiner of clearance. Awarded bidder shall not begin providing services contemplated by the Invitation to Bid until Awarded bidder receives notice
of clearance by the School District and is issued School District badges. Compliance requiring all awarded bidders to register as a visitor before entering school property and proper
display of School District badges will be strictly enforced. Neither the Board, nor its members, officers, employees, or agents, shall be liable under any legal theory for any kind
of claim whatsoever for the rejection of Awarded bidder (or discontinuation of Awarded bidder’s services) on the basis of these compliance obligations. Awarded bidder agrees that neither
the Awarded bidder, nor any employee, agent or representative of the Awarded bidder who has been convicted or who is currently under investigation for a crime delineated in section
435.04, Florida Statutes, will be employed in the performance of the contract. SECTION X - Debarment The School Board shall have the authority to debar the Contractor for cause from
consideration or award of future contracts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense
is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. SECTION XI – Commercial Non-Discrimination Contractor shall not discriminate on the basis
of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of
subcontractors, vendors, suppliers, or commercial customers. Contractor shall provide equal opportunity for subcontractors to participate in all of its public sector and private sector
subcontracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that
has occurred or is occurring in the marketplace, such as those specified in Palm Beach County School Board Policy 6.143. Contractor understands and agrees that violation of this clause
is a material breach of contract and may result in contract termination, debarment, or other sanctions. SAMPLE 5 Upon the School District’s request, and upon the filing of a complaint
against Contractor pursuant to Palm Beach County School Board Policy 6.144, Contractor agrees to provide the School District, within sixty (60) calendar days, a truthful and complete
list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past five years on any of its contracts that were undertaken within the Palm Beach School
District relevant geographic market as defined in Palm Beach County School Board Policy 6.143, including the total dollar amount paid by Contractor for each subcontract or supply contract.
Contractor agrees to fully cooperate in any investigation conducted by the School District pursuant to this Policy. Contractor understands and agrees that violation of this clause
is a material breach of the contract and may result in contract termination, debarment, and other sanctions. SECTION XII - Amendment No modification, amendment, or alteration in the
terms or conditions contained in this Contract shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed on
behalf of each party hereto. SECTION XIII - Miscellaneous Any costs or expenses (including reasonable attorney’s fees) associated with the enforcement of the terms and conditions of
this Contract shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Contract. Each person signing this Contract on behalf
of either party individually warrants that he or she has full legal power to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such
party with respect to all provisions contained in this Contract. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns. The captions, section numbers, article numbers, title, and headings appearing in this Contract are inserted only as a matter of convenience and in no way define, limit,
construe, or describe the scope or intent of such articles or sections of this Contract, nor in any way effect this Contract and shall not be construed to create a conflict with the
provisions of this Contract. Each party shall comply with all applicable federal and state laws, codes, rules and regulations in performing its duties, responsibilities, and obligations
pursuant to this Contract. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly,
the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. The parties expressly acknowledge
that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Contract. None of the parties intend to directly or substantially
benefit a third party by this Contract. The parties agree that there are no third-party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against
any of the parties based upon this Contract. Nothing herein shall be construed as consent by the School Board to be sued by third parties in any matter arising out of the Contract.
SAMPLE 6 When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, 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 in compliance with the provisions of this paragraph. For the present,
the Parties designate the following as the respective places for giving notice: To School Board: Director of Purchasing Department The School District of Palm Beach County
3300 Forest Hill Blvd., Suite A323 West Palm Beach, FL 33406 With a copy to: Inspector General The School District of Palm Beach County
3300 Forest Hill Blvd., Suite C306 West Palm Beach, FL 33406 To Contractor: The Contractor agrees that upon termination or expiration of the Contract is shall return to
the school Board all data provided by the School Board, in a useable electronic form, and erase, destroy, and render unreadable all School Board data in its entirety in a manner that
prevents its physical reconstruction through the use of commonly available fire restoration utilities, and certify in writing that these actions have been completed within 30 days of
the termination of the Contractor. During the term of the Contract, each party shall be responsible for compliance with any public documents request served upon it pursuant to section
119.07, Florida Statutes, and any resultant award of attorney’s fees for non-compliance with that law. The School Board reserves the right to terminate the Contract for cause if the
Contractor fails to comply with public records requests in violation of this provision. The Contractor shall ensure that any electronic data that it receives from or collects on behalf
of the School Board that will be stored in the cloud or in a data center, will be maintained and stored within the continental United States in a location that has appropriate infrastructure
and security obligations and practices (business continuity, encryption, firewalls, physical security, etc.) that will minimize privacy or security breaches or the likelihood that the
data will be at risk of being compromised. The Contractor shall ensure that the School Board’s data will only be accessed by Contractor’s employees, subcontractors, or agents who have
a legitimate basis for accessing such data. In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, unlawful,
unenforceable, or void in any respect, the invalidity, illegality, unenforceability, or unlawful or void nature of that provision shall not affect any other provision and this Contract
shall be considered as if such invalid, illegal, unlawful, unenforceable, or void provision had never been included herein. The Contractor is, for all purposes arising under this Contract,
an independent contractor and the Contractor retains control over the manner and means of carrying out the Contractor’s responsibilities herein. The Contractor and its officers, agents,
or employees may not, under any circumstances, hold themselves out to anyone as being officers, agents, or employees of the School Board. No officer, agent, or employee of the Contractor
or School Board shall be deemed an officer, agent, or employee of the other party. Neither Contractor, nor any of its officers, agents, or employees thereof, shall be entitled to any
benefits to which employees of the School Board are entitled, including, but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave, or other leave
benefits. All reports, studies, information, data, statistics, forms, designs, plans, procedures, and other materials SAMPLE 7 submitted to the Contractor for the School Board pursuant
to this Contract shall be the sole and exclusive property of the School Board. No such materials produced, either in whole or part, under this Contract shall be subject to private
use, copyright, or patent right by the Contractor in the United States or in any other country without the express written consent of the School Board. The School Board shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright, or patent any such materials produced by the Contractor under this Contract. The failure of either
party to insist on strict performance of any covenant or conditions herein shall not be construed as a waiver of such covenants or conditions for any instance. This Contract shall
be construed in accordance with the laws of the State of Florida, without regard to conflict of laws provisions. If any litigation shall result from this Contract, the parties shall
submit to the jurisdiction of the State Courts of the 15th Judicial Circuit and exclusive venue shall lie in Palm Beach County, Florida. This Contract shall not be construed against
the party who drafted the same as both parties have had experts of their choosing review the same. This Contract is binding on the parties hereto, their heirs, successor and/or assigns.
SECTION XIV- Inspector General The Contractor agrees and understands that the School District’s Office of Inspector General shall have immediate, complete, and unrestricted
access to all financial and performance-related records, papers, books, documents, information, writings, drawings, graphs, photographs, processes, data or data compilations, computer
hard drives, emails, instant messages, services, and property or equipment purchased in whole or in part with School Board funds ("Information and Records"). The Contractor shall furnish
the Inspector General with all Information and Records requested for the purpose of conducting an investigation or audit, as well as provide the Inspector General with reasonable assistance
in locating assets and obtaining Information and Records that are in the possession, custody, or control of the contractor or its subcontractor. The Contractor understands, acknowledges,
and agrees to abide by applicable portions of School Board Policy 1.092. Such policy is located at: http://www.palmbeachschools.org/policies/. SECTION XV – Waiver Of Jury Trial
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR
ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTRACT. SECTION XVI – Public Records Law The Responder shall: a. Keep and maintain public records that ordinarily and necessarily
would be required by the School Board of Palm Beach County in order to perform the service to the Board under this agreement. b. Upon request from the Board's custodian of public records,
provide the Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the SAMPLE 8 Agreement term and following completion of the Agreement if the Responder does not transfer the records to the Board. d.
Upon completion of the Agreement, transfer, at no cost, to the Board all public records in possession of the Responder or keep and maintain public records required by the Board to perform
the service. If the Responder transfers all public records to the Board upon completion of the Agreement, the Responder shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Responder keeps and maintains public records upon completion of the Agreement, the Responder shall meet all
applicable requirements for retaining public records. All records stored electronically must be provided to the Board, upon request from the Board's custodian of public records, in
a format that is compatible with the information technology systems of the Board. Failure of Responder to abide by the terms of this provision shall be deemed a material breach of
this Agreement. This provision shall survive any termination or expiration of this Agreement. In the event of a dispute regarding the enforcement of this provision where the Responder
has unlawfully refused to comply with the public records request within a reasonable time, the School Board shall be entitled to recover its reasonable costs of enforcement, including
reasonable attorney's fees from the vendor as authorized by 119.0701, Fla. Stat. IF THE RESPONDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585,
PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406. Public Records Exemption: 1) For purposes of this paragraph, “competitive solicitation”
means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement. 2) Sealed
bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 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. 3) If an agency rejects all bids,
proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected
bids, proposals, or replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning
the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the
initial agency notice rejecting all bids, proposals, or replies. SAMPLE 9 In witness whereof, this contract has been executed on the day and year first above written.
(FIRM NAME)_________________________ THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA BY:__________________________________ BY: ___________________________________
Print Name: ___________________________ Title/Position: __________________________ Date: ________________________________ Robert M. Avossa, Ed.D., Superintendent __________________
________________ Date WITNESS: ___________________________ Print Name: ___________________________ Title/Position: __________________________ Date: ________________________________
BY: ___________________________________ Chuck Shaw, Board Chair ____________________________________ Date WITNESS:
___________________________ Print Name: ___________________________ Title/Position: __________________________ Date: ________________________________ Reviewed and
Approved for Form and Legal Sufficiency: DATE: ________________________________ BY: ___________________________________ Attorney SAMPLE 10 CONTRACT
BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND _______________________________________ EXHIBIT A Contractor will provide:
SAMPLE 11 CONTRACT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND ____________________________ EXHIBIT B COST OF SERVICES:
SAMPLE 12 THE SCHOOL DISTRICT OF PALM BEACH COUNTY Beneficial Interest and Disclosure of Ownership Affidavit Bid No. ____________________ Project No./ Title ___________________
_____________________________ Corporate Name ___________________________________________________________________________ ____________________________________________________________
Tax FEIN No. __________________ Before me, the undersigned authority, personally appeared, ________________________________ ("Corporate Representative") this ________ day of ____________
, 20 ___ , who, first being duly sworn, as required by law, subject to the penalties prescribed for perjury, deposes and says: 1) Corporate Representative has read the contents of
this Affidavit, has actual knowledge of the facts contained herein, and states that the facts contained herein are true, correct, and complete. 2) The following is a list of every "person"
(as defined in Section 1.01(3), Florida Statues to include individuals, children firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity: (If more space is needed, attach separate sheet) A. Persons
or corporate entities owning 5% or more: Name Address Percentage B. Persons or corporate entities owning 5% or more: Name Address Percentage C. Stock held for others
and for whom held: 1. Name / 2. From Whom Held Address Percentage 1. 2. 1. 2. 1. 2. CORPORATE REPRESENTATIVE By: ________________ SWORN TO and subscribed
before me this _____________ day of ____________________________ , 20 , by _________________________________________ Such person(s) (Notary Public must check applicable box).
[ ] is/are personally known to me. [ ] produced a current driver license(s). [ ] produced ____ as identification. (NOTARY PUBLIC SEAL) Notary Public PBSD 1997 (Rev. 2/22/2011)
(Print, Type or Stamp Name of Notary Public)
.pdf
RFP17C~1.pdf
RFP 17C-009L External Independent Auditing Services Package.pdf
application/pdf
AC3D50A7740016408E77A073C100C2CD@gulf-stream.org
EnUs
17C-009L Addendum 1 - signed.pdf
.pdf
17C-00~1.pdf
17C-009L Addendum 1 - signed.pdf
application/pdf
645EF4F6608370449DAC95AF52C5F884@gulf-stream.org
EnUs
17C-009L Addendum 2 - signed.pdf
.pdf
17C-00~1.pdf
17C-009L Addendum 2 - signed.pdf
application/pdf
7239DE9B6BC5EC4187035833AC3339CB@gulf-stream.org
EnUs
17C-009L Addendum 3 - signed.pdf
.pdf
17C-00~1.pdf
17C-009L Addendum 3 - signed.pdf
application/pdf
0AC5322F0CD5E44C8E35D2782BD9878D@gulf-stream.org
EnUsEvaluation Committee Mebers,
The RFP was opened yesterday afternoon. We received three proposals -
Cherry Bekaert LLP
Moore Stephens Lovelace P.A.
RSM US LLP
In order for me to send you a link so that you can download the responses, the following forms will need to be returned to me.
1. Form 8B: This form to be filled out only if a conflict of interest exists.
2. Form 2359, Third Party Internet/Intranet Services Acknowledgement and Consent
3. No Conflict of Interest Certification Form for Evaluation Committee Members
Please also read the Evaluator's Handbook and the Committee Letter which are also attached.
The evaluation scoresheet will be sent to you under a separate e-mail.
Please note: Tomorrow, December 22, 2016 will be my last day before winter break. I will return January 5, 2017.
Happy Holidays and Happy New Year !!!
Anne Berry
Purchasing Agent
School District of Palm Beach County
Ph - 561/434-8210
Fax - 561/963-3823
https://docs.google.com/a/palmbeachschools.org/uc?id=0B796mor_9jMdcVBKYkswTlFGWDA&export=download
P THINK GREEN - DON'T PRINT THIS EMAIL UNLESS YOU REALLY NEED TO!
Disclaimer: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail
to this entity. Instead, contact this office by phone or in writing.