Information Security Tools & Systems

Transcription

1 Midlothian ISD Information Security Tools & Systems REQUEST FOR PROPOSAL (RFP) No May 19, 2017 Proposals shall be received by 2pm on June 15, 2017 Proposals shall be delivered to: Midlothian ISD Attn: Purchasing Department 100 Walter Stephenson Rd. Midlothian, TX Written by: Russ Johnson Mike Indergard Tony Chojnowski, RCDD/OSP, RTPM 3408 Hillcrest Drive Waco, Texas

2 Page2 The Request for Proposal form shall be signed in ink and returned by the stated date and time to be considered for an award. PROPOSAL SUBMITTED BY: (Company Name) (Address) (State/Zip Code) (Typed Name of Person Submitting the Proposal) (Phone #) (Fax #) (Date of Proposal Submission)

3 Page3 SCOPE AND SPECIFICATIONS OF THE PROPOSAL SCOPE: The intent of the RFP is to procure information security tools and systems to support the growing capacity of the internet connection as well as provide next generation services to the District. The District will enter into a contract with the awarded Contractor(s) to replace, upgrade, and add technology systems at the following locations: Site Address City State Zip MISD Administration Building 100 Walter Stephenson Rd Midlothian TX Midlothian ISD reserves the right to modify the Scope and Specifications as circumstances require, including but not limited to adding, changing, or deleting proposed locations/devices.

4 Page4 RESPONDENT S CHECKLIST Proposers must provide the documents/information requested below. If documents are missing or incomplete, or information requested is not included with the proposal, Proposer(s) will receive commensurate point deductions during the evaluation process. Item Proposal Form and Unit Pricing Proposal Bond Conflict of Interest Questionnaire Felony Conviction Notice Contractor Criminal Background Certification Statement of Debarment Affidavit of Non-Discriminatory Employment Certificate of Residency Statement of Non-Collusion EDGAR certification Disclosure of Interested Parties Request for Taxpayer Identification Number & Certification (W-9) Authorized Installer Certifications from manufacturer(s) Respondent Initials Administration Review IMPORTANT DATES: RFP Issued: May 17, 2017 Pre-proposal Meeting: Questions Due By: 2pm on June 2, 2017 Last Addendum Issued: 5pm on June 9, 2017 Due Date for Responses: 2pm on June 15, 2017 All times are based on the local time of the District. A pre-proposal meeting will not be held for this RFP. SUBSTANTIAL/FINAL COMPLETION: Proposers shall include detailed proposed installation schedule with proposal response for evaluation by the District. Exclusion of a complete and detailed proposed installation schedule will result in point deductions in award evaluation.

5 Page5 SUBMITTAL REQUIREMENTS: Three (3) complete hard copies and one (1) electronic copy shall be submitted. One proposal shall be marked as Original and shall contain original signatures and complete hard copy of required documents including insurance, bonding, and all other documents of the Proposal. Provide one (1) complete electronic copy in Adobe Acrobat (*.pdf) format with Microsoft Excel (*.xls) copies of all Bill of Materials, on a USB thumbdrive. All copies, including electronic copies, shall be complete sets including signatures, surety bond or cashier check information, and all other documents. Failure to include documents in all copies may result in point deductions in award evaluation or disqualification for not meeting submission requirements. All copies shall be submitted to the following address: Midlothian ISD Attn: Purchasing Department 100 Walter Stephenson Rd., Midlothian, TX The Proposal is to be signed only by persons authorized to enter into a contract with Midlothian ISD. By signing this Proposal, Respondent asserts that they have submitted a complete proposal and have fully read and understand the requirements of this RFP. PROPOSER S NAME PROPOSER S TITLE PROPOSER S SIGNATURE COMPANY NAME

6 Page6 1 TABLE OF CONTENTS 1 Table of Contents List Of Project Maps And Diagrams: Terms and Conditions Submittal Requirements and Proposal Format Proposal Form and Cost Detail Conflict of Interest Questionnaire Felony Conviction Notice Criminal Background Check Certification for Contractors Statement of Debarment Affidavit Of Non-Discriminatory Employment Certificate of Residency Statement Of Non Collusion Disclosure Of Interested Parties EDGAR Certifications Terms and Conditions Definitions, Responsibilities and Instructions to Proposer Cost & Bill of Materials References and Support Proposal Bond Form Performance Bond Form Technology Systems Requirements Exhibit A

7 Page7 2 LIST OF PROJECT MAPS AND DIAGRAMS: The following diagrams are included at the end of this RFP document Exhibit A. Map/Diagram Title Description of Map/Diagram Internet Connection Internet connection diagram showing border router, firewall, content filtering, and other relevant connections. Responding to proposal indicates that the Proposer has performed due diligence and is proposing an information security solution(s) that includes all components necessary for a turnkey system including hardware, software, licenses, cabling, and other items required. Omission of any specifically called-out component in this RFP that is reasonably required or expected (modules, cables, licenses, et cetera) does not release the Respondent from including the costs for these items as a part of their proposal to deliver a turn-key system.

8 Page8 3 TERMS AND CONDITIONS IT SHALL BE THE VENDOR S RESPONSIBILITY TO REVIEW AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS PROPOSAL AS OUTLINED HEREAFTER 3.01 Statement of Inclusion/Applicability A. The Instructions to Proposers apply to all Bid Invitations issued by the Midlothian ISD, and by this inclusion, they become an integral part of any contract which is awarded or purchase order which is issued in association with this Bid Invitation Bid Preparation and Submission Procedures A. Proposals will be received until 2:00 p.m. on June 17, B. Each proposal must be submitted in a SEALED envelope. The outside of the envelope (or other package or container) must bear the following information in clear and legible form: 1. In the upper left-hand corner: print the full name and address of the bidding entity, and the name and telephone number, including the area code, of the person to contact with questions about the bid submission, and 2. In the lower left-hand corner: Proposal Enclosed, the proposal name, proposal number, and submission deadline indicated on the Notice of Invitation to Bid. C. Proposals may be submitted by U. S. Mail, common carrier, or other courier or delivery service, or by hand delivery. If forwarded by mail or other courier or delivery service, the sealed envelope, identified as indicated above, should be enclosed in another envelope addressed as specified below. Midlothian Independent School District will not be responsible for proposals or related correspondence that are, undelivered, misplaced, or received after the date and time stated. Proposals may be mailed to or hand delivered to: Midlothian Independent School District Attn: Purchasing Department 100 Walter Stephenson Rd. Midlothian, Texas D. Proposals, which are opened prior to the bid opening because of failure to adhere to the above addressing and identification criteria, will not be considered and will not be returned. Bids received after the deadline will not be accepted for consideration and will be returned unopened. Bids received in an unsealed condition will not be considered and will not be returned. Faxed bids or related communications will not be accepted. E. A representative of the bidding entity who is authorized to enter into contracts on behalf of the bidding entity must manually sign the Proposal Certification Form in

9 Page9 ink. The person signing the proposal must indicate his/her title along with a signature. Bids received without a manual signature from an authorized representative will not be considered. F. Proposers must use the bid forms provided and must submit with the bid. Any change made to any written response on any of the bid documents must be made in ink by marking through the original entry and clearly entering the new information alongside the change. Changes must not be made with correction fluid. All changes must be initialed by the person making the change, and the name of the person who initialed the change must be noted in a footnote on the same page containing the correction. Failure to return any document or information requested as part of the proposal response may result in the rejection of the entire bid. G. Proposers or their authorized representatives are expected to fully inform themselves as to the terms, conditions, requirements and specifications of this Bid Invitation before submitting bids. Failure to do so will be at the bidder s own risk.

10 Page10 4 SUBMITTAL REQUIREMENTS AND PROPOSAL FORMAT 4.01 Proposal Clarification Questions: A. After reviewing all proposals received in response to this RFP, the District may develop a list of clarification questions to be addressed by the Respondent. The District or its agent shall send these questions to the Respondent for clarification. The Respondent shall provide a response within three (3) business days following the inquiry Proposal Requirements: A. Proposals shall be submitted by tab number as instructed below. The Respondent agrees and shall comply with all provisions and specifications as stated in this RFP unless otherwise stated in the Exceptions section of this RFP. Any additional costs or factors to meet a specification or requirement must be noted in the Exceptions section. Failure to respond to these requirements may result in the proposal being considered non-responsive. B. Tab 1 Minimum Criteria 1. Proposal Bond see section and section Cover letter with overall price, any special conditions, and signature. 3. Proposal Form 4. A brief profile of the firm, including the following: 1. A brief history of the business 2. Organizational structure of business, including principals and officers 5. The overall qualifications of the business to provide the services requested. Illustrate experience with projects of similar size and complexity. C. Tab 2 Required Documents Include a complete copy of the RFP with the following completed forms. 1. Conflict of Interest Questionnaire 2. Felony Convictions Notice 3. Criminal Background Certification (SB9) 4. Statement of Debarment 5. Affidavit of Non-Discriminatory Employment 6. Certificate of Residency 7. Statement of Non-collusions 8. Request for Taxpayer Identification Number & Certification (W-9) 9. Proof of insurability 10. Proof of Authorized Installer Certifications from manufacturer(s)

11 Page EDGAR Certification 12. Disclosure of Interested Parties 13. Terms and Conditions D. Tab 3 Executive Summary/Overview 1. Written summary of the understanding of the scope of work to be performed (for every proposal/system being responded to). 2. Technical summary of the system proposed, including details about any value add improvements over and above the base requirements (for every proposal/system being responded to). E. Tab 4 Project Team/Project Manager Resumes/Individual Certifications F. Tab 5 Bill of Materials and Pricing Guarantee Letter G. Tab 6 Installation Methodology and proposed schedule H. Tab 7 Quality Control Plan 1. Proposer shall provide detailed company Quality Control procedures, examples of QC plans/results, and checklists, etc. I. Tab 8 Support, Qualifications, and References 1. Respondent Qualifications 2. Support Capabilities 3. References 4. Contractor qualifications form (all systems being proposed) 5. Certifications and/or letter from manufacturer(s) that the firm is an authorized installer and maintenance provider J. Tab 9 Exceptions, Assumptions, and Clarifications 4.03 Alternate Proposals: In addition to the base proposal, Proposers who wish to submit an alternate proposal may do so. Alternate proposals shall clearly describe the proposed changes and shall include any price changes from the original base proposal.

12 Page Selection Criteria: Proposals shall be evaluated based on, but not limited to, the following criteria: Evaluation Criteria Possible Points 1 Purchase price 30 2 Reputation of the proposer or the proposer s goods or services 10 3 Quality of the proposer s goods or services 10 4 Extent to which the goods or services meet the needs of the District 10 5 Proposer s past relationship with the District 10 6 The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses 5 7 Quality of proposal 10 8 Bidder has its principal place of business in Texas; or employs at least 500 persons in Texas 5 9 Evaluation of other relevant factors listed in this bid or proposals 10 Total Points 100 A. Evaluation Criteria 1. Purchase price (30 points) The price included in the RFP response shall be the price evaluated. There will not be an opportunity for a best and final offer. Proposer is encouraged to include their best prices in their initial response. The lowest cost proposal shall receive 30 points. Other proposals shall receive a percentage of points. 2. Reputation of the proposer or the proposers goods or services (10 points) Proposer shall include three (3) references for projects of similar scope, size, and complexity. References will be contacted. Proposers will be awarded points for each favorable reference that is similar to the project and organization specified in the RFP. Zero (0) points will be awarded for unfavorable, unresponsive, or missing references. 3. Quality of the Bidder s goods or services (10 points) The Proposer demonstrates understanding of the Scope of Work and Bill of Materials

13 Page13 in proposal. The Proposer includes documentation to illustrate the quality of goods and services proposed, installation methodology, project and maintenance teams experience and certifications. 4. Extent to which the goods or services meet the needs of the District (15 points) The proposal meets the District s technology configuration goals, hardware/network configuration, feature functionality, systems management, and compatibility with existing systems. The Proposer demonstrates a history of success designing and executing projects of similar size, scope, and complexity. 5. Bidder s past relationship with the District (10 points) The Proposer demonstrates a history of successful projects with the District or Districts of similar size in Texas. 6. The impact on the ability of the District to comply with laws related to historically underutilized businesses (HUBs) (5 points) The Proposer provides information on the firm s HUB status. 7. Quality of proposal (10 points) The proposal is neatly organized and clearly articulates the Proposer s solutions, capabilities, and other relevant information. 8. Bidder has its principal place of business in Texas; or employs at least 500 persons in Texas (5 points) The proposal includes an accurate profile of the firm. 9. Evaluation of other relevant factors listed in this bid or proposals (10 points) Other relevant factors listed in this bid include, but is not limited to: experience in the field; current workload of vendor; financial ability; compliance with and adherence to bid terms and conditions; ethical behavior during bidding process; and responsiveness to District's requests Evaluation Committee: A. Proposals shall be evaluated by an Evaluation Committee established by Midlothian ISD. The Evaluation Committee will make recommendations regarding ranking to the Board of Trustees Submittal of Qualifications: A. Respondents should submit experience and qualifications as described in the RFP. Additional information may be submitted as appropriate to further describe vendor and provide product capabilities Minimum Contractor Qualifications This form shall be completed and delivered with Proposal response. Response shall also include references and required certifications. Proposers not meeting these requirements may not be considered.

14 Page14 In submitting this Proposal and upon award of a contract, I hereby certify that (check all that apply). Proposers that are using a subcontractor for this project shall have an authorized agent of the subcontracting company complete this form. For electronic systems: My company meets all of the following minimum qualifications in order to be considered qualified to perform this contract. My company certifies that it: a. Has at least one (1) full-time expert-level certified security engineer and at least one (1) full-time expert-level certifed route/switch engineer. Include expertlevel certifications with resumes as part of the proposal. b. Maintain installers/technicians, certified in the solution being proposed herein. c. Can respond on-site to standard service calls within 8 hours (business hours) time. Can respond on-site to emergency service calls within 4 hours (business hours) time. With this response, my firm has provided documentation verifying the experience including, but not limited to job description, point of contact, mailing address, telephone number, references for each project, and certifications listed above. By signing this statement, I certify that the information provided above is accurate and will not change during the course of the contract without prior, written approval from MISD. Name of Company: Authorized Signature: Date: Title:

15 Page15 5 PROPOSAL FORM AND COST DETAIL 5.01 Price Summary To: Midlothian Independent School District, Midlothian TX We,, a (joint venture) (Corporation) (Partnership) (Individual) [Cross out inapplicable] Of Street City County State Zip Hereby agree to execute the proposed contract and to furnish a satisfactory Payment and Performance Surety Bond in the amount specified within ten (10) days of offering (proposal surety bond must accompany proposal) and to provide all labor and material required for the construction of the project designated above, for the prices hereinafter set forth, in strict accordance with the RFP issued on March 31, The Proposer, in compliance with your invitation for bids for the RFP and having examined the Owner s Scope of Work, the site of the proposed work, and being familiar with all of the conditions surrounding the proposed project, including availability of materials and labor, hereby proposes to furnish all labor, materials, supplies and disposal services, and to complete the project in accordance with the requirements herein, within the time set forth herein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents. Base System: Firewall System Total for Base System: Firewall System portions of this project are: DOLLARS ($ ) Base System: Firewall Services Total for Base System: Firewall Services portions of this project are: DOLLARS ($ ) Additive 1: Firewall Maintenance 8x5xNBD 5 Year Total for Additive 1: Firewall Maintenance 8x5xNBD 5 Year portions of this project are: DOLLARS ($ )

16 Page16 Additive 2: Threat Prevention 5 Year Total for Additive 2: Threat Prevention 5 Year portions of this project are: DOLLARS ($ ) Additive 3: Cloud-Based Zero-Day Threat Analysis 5 Year Total for Additive 3: Cloud-Based Zero-Day Threat Analysis 5 Year portions of this project are: DOLLARS ($ ) Additive 4: Firewall System High Availability / Redundancy Total for Additive 4: Firewall System High Availability / Redundancy portions of this project are: DOLLARS ($ ) Additive 5: Firewall System High Availability / Redundancy - Firewall Maintenance 8x5xNBD 5 Year Total for Additive 5: Firewall System High Availability / Redundancy - Firewall Maintenance 8x5xNBD 5 Year portions of this project are: DOLLARS ($ ) Additive 6: Firewall System Enterprise Management 5 Year Total for Additive 6: Firewall System Enterprise Management 5 Year portions of this project are: DOLLARS ($ ) Base System: Content Filtering System Total for Base System: Content Filtering System portions of this project are: DOLLARS ($ ) Base System: Content Filtering Services Total for Base System: Content Filtering Services portions of this project are: DOLLARS ($ ) Additive 1: Content Filtering System 5 Year Total for Additive 1: Content Filtering System 5 Yearportions of this project are: DOLLARS ($ )

17 Page17 Optional: Trade-In or Competitive Swap Discount Total for Optional: Trade-In or Competitive Swap Discount portions of this project are: DOLLARS ($ ) 5.02 Commencement and Completion of Contract Work The undersigned agrees, if awarded the contract, to commence the Contract work on a date to be specified in a written Notice to Proceed, and to complete the work within the time dictated in the Instructions to Proposers Addendum Receipt We acknowledge receipt of the following Addenda: Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Date Date Date Date Date Date Date Addenda can be found at the following locations: Midlothian ISD Purchasing Bid Page:

18 Page Signature By signing this proposal form, such action certifies that the Proposer has personal knowledge of the following: A. That said Proposer has examined the drawings and specifications, carefully prepared the proposal form, and checked the same in detail before submitting said proposal; and that said Proposer, or the agents, officers, or employees thereof, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposal in connection with this proposal. B. That all of said work will be performed at the Proposer s own cost and expense and that the Proposer will furnish all necessary materials, labor, tools, machinery, apparatus, and other means of construction in the manner provided in the applicable specifications and at the time stated in the contract. C. That said Proposer has examined and agrees to Midlothian ISD s Terms and Conditions. (Firm Name) (Firm Address) (Phone Number) (Seal, if proposal is submitted by a corporation) By: (Signature of Proposer) Date:

19 Page19 6 CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84 th Leg., Reg Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section (1-a) with a local governmental entity and the person meets requirements under Section (a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person knowingly violates Section , Local Government Code. An offense under this section is a misdemeanor. OFFICE USE ONLY Date Received 1 Name of person who has a business relationship with local governmental entity. 2 3 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other relationship as defined by Section (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business relationship with the local government officer name in this section. 4 Signature of person doing business with the governmental entity Date

20 Page20 7 FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No.1, Section , Notification of Criminal History, Subsection (a) states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This notice is not required of a Publicly-held Corporation. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name (printed): a. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable: Signature of Company Official b. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official c. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s) Details of Conviction(s) Signature of Company Official:

21 Page21 8 CRIMINAL BACKGROUND CHECK CERTIFICATION FOR CONTRACTORS To Be Completed by MISD: Campus/Department: Contact Person: Contact Number: Name of Contactor/Company: Term of Contract: to Introduction: Texas Education Code Chapter 22 requires service contractors to obtain criminal history record information on covered employees. Contractors must certify to the school district that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. For more information on how to obtain criminal histories for covered employees, contact the Texas Department of Public Safety s Crime Records Service at (512) Definitions: Covered employee: Employee of a contractor who has or will have continuing duties related to the contracted services and has or will have direct contact with students. The school district will be the final arbiter of what constitutes direct contact with students. Continuing duties related to contracted services: Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only. Direct contact with students: The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students. If it is unclear whether you or your employees will have direct contact with students, contact the Midlothian Independent School District. Disqualifying conviction: One of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. Service Contractor: An entity, including a government entity and an individual independent contractor, that contracts or agrees with a school entity by written agreement or verbal understanding to provide services through individuals who receive compensation. To Be Completed by Contractor/Company: Name of Contactor/Company: Contact Person: Contact Number:

22 Page22 Certification On behalf of ( Contractor ), I, the undersigned authorized signatory for Contractor, certify to the Midlothian Independent School District ( District ) that [initial one]: I have obtained all required criminal history record information regarding myself through the Texas Department of Public Safety s Finger-based Applicant Clearinghouse of Texas ( FACT ). I further certify to the District that I do not have a disqualifying criminal history. I agree to notify MISD in writing within 3 business days if I am arrested or adjudicated for a disqualifying reason during the contract term. I agree to provide MISD with the name and any other requested information of covered employees so that MISD may obtain my criminal history record information. I understand that MISD may terminate my services if at any time it determines, in its sole discretion, that my criminal history is not acceptable. OR Some or all of Contractor s employees are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District within three (3) business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. OR None of the Contractor s employees are covered employees, as defined above, because: [either one or both must be checked refer to definitions on front page] [ ] Employees will not have continuing duties related to the contracted services [ ] Employees will not have direct contact with students. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees. Contractor will maintain these precautions or conditions throughout the time contracted services are provided. Signature Printed Name: Title: Date: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED TO THE HUMAN RESOURCES OFFICE BEFORE A CONTRACTOR OR CONTRACTOR S EMPLOYEES MAY PROVIDE SERVICES FOR MISD. NONCOMPLIANCE OR MISREPRESENTATION REGARDING THIS CERTIFICATION IS GROUNDS FOR CONTRACT TERMINATION WITHOUT PENALTY TO MISD.

23 Page23 9 STATEMENT OF DEBARMENT I have read the conditions and specifications provided in the bid document attached. I affirm, to the best of my knowledge, the company I represent has not been debarred or suspended from conducting business with any school districts in the State of Texas. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section , Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages ). Copies of the regulation may be obtained by Contacting the Department of Agriculture Agency with which the transaction originated. NAME OF COMPANY: MAILING ADDRESS CITY STATE ZIP CODE: PREPARED BY: SIGNATURE TITLE: TELEPHONE NUMBER: FAX NUMBER DATE:

24 Page24 10 AFFIDAVIT OF NON-DISCRIMINATORY EMPLOYMENT STATE OF TEXAS COUNTY OF AFFIDAVIT Affidavit of Non-Discriminatory Employment Respondent agrees to refrain from discrimination in terms and conditions of employment or any other reason based on race, color, religion, sex. or national origin, and agrees to take affirmative action as required by Federal Statutes and rules and regulations issued pursuant thereto in order to maintain and insure non-discriminatory employment practices. I, do swear or affirm that the statements made are complete and correct to the best of my knowledge and belief. Print name: Attested: Sworn/affirmed and subscribed before me this day of, 20 Notary Public: ID# Date of commission expiration: Signature Printed Name Title

25 Page25 11 CERTIFICATE OF RESIDENCY The State of Texas has passed a law concerning non resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A. This law makes it necessary for the Midlothian Independent School District to determine the residency of its offerors. In part, this law reads as follows: Section: (3) Non resident bidder refers to a person who is not a resident. (4) Resident bidder refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that (Name of Company) is, under Section: (3) and (4), a Resident Bidder Non resident Bidder My or Our principal place of business under Section: (3) and (4), is in the city of in the state of. Signature of Authorized Company Representative Print Name Title Date

26 Page26 12 STATEMENT OF NON COLLUSION The undersigned Proposer, by signing and executing this proposal, certifies and represents to the Midlothian Independent School District that Proposer has not offered, conferred or agreed to confer any pecuniary benefit, as defined by Section 1.07 (a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this proposal; The Proposer also certifies and represents that Proposer has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this proposal; The Proposer certifies and represents that Proposer has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Midlothian Independent School District concerning this proposal on the basis of any consideration not authorized by law; The Proposer also certifies and represents that Proposer has not received any information not available to other proposers so as to give the undersigned an advantage with respect to this proposal; The Proposer further certifies and represents that Proposer has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that Proposer will not in the future, offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustee, agent or employee of the Midlothian Independent School District in return for the person having exercised the person's official discretion, power or duty with respect to this proposal; The Proposer certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any office, trustee, agent or employee of the Midlothian Independent School District in connection with information regarding this proposal, the submission of this proposal, the award of this proposal or the performance, delivery or sale pursuant to this proposal; The Proposer certifies that the Proposer has not prepared this proposal and will not prepare any future proposals arising from this Request for Proposal (RFP) in collusion with any other respondent, and that the content of any future proposals arising out of this RFP will not be communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the District s selection of a contractor for this RFP. FIRM NAME ADDRESS CITY/STATE/ZIP TYPED NAME OF REPRESENTATIVE(S) SIGNATURE OF REPRESENTATIVE(S) DATE

27 Page27 13 DISCLOSURE OF INTERESTED PARTIES Any vendor that is to be awarded a contract with MISD that either (1) requires an action or vote by the school district before the contract may be signed, or (2) has a value of at least $1 million, must first file FORM 1295 with the Texas Ethics Commission as per Section Texas Government Code. Midlothian Independent School District will not issue a contract with the awarded vendor until this process has been completed and formally acknowledged by MISD Purchasing Department. The vendor to be awarded the contract with MISD, upon notice from the District, will need to access the Texas Ethics Commission web site, Instructions for accessing the required document from the Texas Ethics Commission website are as follows: Select File Reports Electronically from the far-left hand column. From the File Reports Electronically list, select Form 1295 Certificate of Interested Parties Filing Next, you will need to Log In to create/complete your certificate 1. If you require assistance, there are links to instructional videos and a list of Frequently Asked Questions (FAQ). 1 The first time you sign in to file, you will be required to set up User ID and Password. When filling out the information to create the Certificate of Interested Parties, enter the RFP number, followed by the vendor name, in the Contract ID Number field. Upon completion of certificate, scan a copy, and to shana_volentine@misd.gs. Once the completed certificate has been received and verified, a Purchase Order will be issued.

28 Page28 14 EDGAR CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: MIDLOTHIAN ISD is in the process of ensuring that all policies and procedures involving the expenditure of federal funds are compliant with the new Education Department General Administrative Guidelines ( EDGAR ). Part of this process involves ensuring that all current vendors agree to comply with EDGAR. You must complete this form and return to MIDLOTHIAN ISD along with your proposal. The following certifications and provisions are required and apply when MIDLOTHIAN ISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R , all contracts, including small purchases, awarded by the District and the District s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when MIDLOTHIAN ISD expends federal funds, MIDLOTHIAN ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does Vendor agree? YES Initials of Authorized Representative of Vendor (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). Pursuant to Federal Rule (B) above, when MIDLOTHIAN ISD expends federal funds, MIDLOTHIAN ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. MIDLOTHIAN ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if MIDLOTHIAN ISD believes, in its sole discretion that it is in the best interest of MIDLOTHIAN ISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by MIDLOTHIAN ISD as of the termination date if the contract is terminated for convenience of MIDLOTHIAN ISD. Any award under this procurement process is not exclusive and MIDLOTHIAN ISD reserves the right to purchase goods and services from other vendors when it is in MIDLOTHIAN ISD s best interest. Does Vendor agree? YES Initials of Authorized Representative of Vendor (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract in 41 CFR Part must include the equal opportunity clause provided under 41 CFR (b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order Relating to Equal Employment

29 Page29 Opportunity, and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. Pursuant to Federal Rule (C) above, when MIDLOTHIAN ISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does Vendor agree to abide by the above? YES Initials of Authorized Representative of Vendor (D) Davis-Bacon Act, as amended (40 U.S.C ). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C , and ) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland Anti-Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when MIDLOTHIAN ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions. Does Vendor agree? YES Initials of Authorized Representative of Vendor (E) Contract Work Hours and Safety Standards Act (40 U.S.C ). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when MIDLOTHIAN ISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by MIDLOTHIAN ISD resulting from this procurement process. Does Vendor agree? YES Initials of Authorized Representative of Vendor (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the

30 Page30 definition of funding agreement under 37 CFR (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or subreci pient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by MIDLOTHIAN ISD, the vendor certifies that during the term of an award for all contracts by MIDLOTHIAN ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does Vendor agree? YES Initials of Authorized Representative of Vendor (G) Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), as amended Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to Federal Rule (G) above, when federal funds are expended by MIDLOTHIAN ISD, the vendor certifies that during the term of an award for all contracts by MIDLOTHIAN ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does Vendor agree? YES Initials of Authorized Representative of Vendor (H) Debarment and Suspension (Executive Orders and 12689) A contract award (see 2 CFR ) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders (3 CFR part 1986 Comp., p. 189) and (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order Pursuant to Federal Rule (H) above, when federal funds are expended by MIDLOTHIAN ISD, the vendor certifies that during the term of an award for all contracts by MIDLOTHIAN ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Does Vendor agree? YES Initials of Authorized Representative of Vendor (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by MIDLOTHIAN ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by MIDLOTHIAN

31 Page31 ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor agree? YES Initials of Authorized Representative of Vendor RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by MIDLOTHIAN ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR The Vendor further certifies that Vendor will retain all records as required by 2 CFR for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When MIDLOTHIAN ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C et seq.; 49 C.F.R. Part 18). Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS TO RECORDS 2 C.F.R Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor s personnel

32 Page32 for the purpose of interview and discussion relating to such documents. Does Vendor agree? YES CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS Initials of Authorized Representative of Vendor Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Vendor agree? YES Initials of Authorized Representative of Vendor Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Vendor Name: Vendor Address: Phone Number: _ Fax Number: Address: Printed Name and Title of Authorized Representative: Signature of Authorized Representative: Date:

33 Page33 15 TERMS AND CONDITIONS MIDLOTHIAN INDEPENDENT SCHOOL DISTRICT General Proposal Terms and Conditions Contracts for Goods and Services The following Terms and Conditions represent our General Terms and Conditions and become a part of any terms of purchase or contract with the District for goods and/or services. According to Local Government Code, Chapter 176, a person or agent or a person who contracts, or seeks to contract, for the sale or purchase of property, goods, or services with the Midlothian Independent School District ("MISD" or "the District") must file a completed Conflict of Interest Questionnaire with the Purchasing Department. The forms must be completed whether or not a conflict exists. A conflict exists if the person or agent has a financial relationship with a Local Government Officer (LGO), or their immediate family, as defined by Chapter 176. A conflict also exists if the vendor has given a LGO, or a member of their family, a gift or gifts with a total annual value of $100, with the exception of food, accepted as a guest, or a political contribution as defined by Title 15, Texas Election Code. A list of Local Government Officer members may be found by accessing the Purchasing link on the MISD web page, MISD INTENDS TO AWARD THIS PROPOSAL TO A PRIMARY VENDOR AND/ OR PRODUCT LINE. Vendor Selection Criteria: Purchase Price Reputation of vendor & vendor's goods or services Quality of vendor's goods or services Extent to which the goods or services meet the District's specifications and needs Vendor's past relationship with the District The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses Quality of proposal For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in the state; or (B) employs at least 500 persons in the state Evaluation of other relevant factors listed in this bid or proposals, including: experience in the field; current workload of vendor; financial ability; compliance with and adherence to bid terms and conditions; ethical behavior during bidding process; and responsiveness to District's requests. No evaluation criteria written in this bid specification shall supersede the District's right to choose the product or service that is in the best interest of the District. MISD reserves the right to waive formalities.

34 Page34 Proposals must be received in the Purchasing Department BEFORE the hour specified on the opening date. No offer can be withdrawn after opening time without approval by the MISD Purchasing Department. All bid submittals become property of MISD and subject to all state and local laws pertaining to bids. MISD does not accept submissions. Submission of an bid or proposal will result in the vendor/submission being disqualified for consideration. Proposal must show the full name and address of the offeror if different than name and address shown on the offer. Failure to sign proposal may disqualify proposal. Person signing proposal should show title of authority to bind their firm to a contract. Proposals received LATE may be returned to the offeror. Proposal price MUST be F.O.B. Midlothian Independent School District. On annual purchase contracts, quantities are estimated based on past use experience and forecast of anticipated future needs. The District reserves the right to increase or decrease quantities. The Midlothian Independent School District reserves the right to negotiate, accept, or reject any or all proposals and to waive any or all formalities, or to accept any part of this proposal deemed to be most advantageous to the District. Negotiation may be a part of this process, therefore, the services/products provided and/or cost of services/products may be altered during the negotiation period. However, offerers are encouraged to submit their most competitive price initially. If the scope of services/products and all other requirements are met initially, there may not be any need for negotiation with any offeror. Due to the possibility of negotiations, offers must be good for a period of not less than 120 days. It is the policy of Midlothian Independent School District to purchase goods and/or services on the basis of best offer, not low price alone. Price, quality, service, past performance of vendor/ merchandise, long term cost to the District to acquire goods or service, probability of continuous availability and suitability to purpose being the controlling factors. It is understood that the purchaser reserves the right to arrive at such determination by whatever means deemed appropriate. This proposal is submitted subject to the existing written policies of the Board of Trustees of MISD, which form a part of the contract. All bid submittals become property of MISD and subject to all state and local laws pertaining to bids. If a contract is required, a sample contract must be submitted with your proposal. If no contract is submitted, MISD will provide the contract. PROHIBITIONS: It is express practice of the District that prospective respondents to this RFP refrain from initiating any direct or indirect contact or communication with District Staff or members of the District Board of Trustees regarding the selection process. Any inquiries must be directed to the Purchasing Agent. Any violation of this practice will be considered a basis for disqualification.

35 Page35 GRATUITIES: The District may, by written notice to the proposer, cancel the agreement if it is found by the District that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the proposer, or any agent or representative of the proposer, to any officer or employee of the District with a view toward securing a contract or securing favorable treatment with respect to the performing of such contract. DELIVERY: Proposals must show the number of days required for delivery of items ordered after receipt of order. Failure to state the delivery time obligates the offeror to make delivery in 14 calendar days. Tailgate deliveries to school locations are not acceptable unless directed so by the Purchasing Department. Delivery shall be made during normal working hours unless prior approval has been obtained from the District. Deliveries under terms of the request for proposal will be in accordance with the dates indicated. If delays are foreseen, vendors should keep the District advised. Delivery of purchased items in good condition will be the vendor's responsibility and no delay in receipt of replacement items will be contingent upon claim adjustment by carrier. All goods are subject to inspection and return at the expense of the vendor if found to be inferior to those specified. The MISD is exempt from Federal Excise Tax, State Tax and Local Sales Tax. If it is determined that tax was included in the proposal, it will not be included in the tabulation or any awards. Any taxes charged will not be paid by the District. Tax exemption certificates will be furnished upon request. Vendors who rely on third parties for financing often request that the District's legal counsel render an opinion addressed either to the Vendor or its financier, stating, among other things, that the District is an existing political institution, its Board of School Trustees approved the contract, etc., and that the contract is a "valid and binding contract". The District's legal counsel will not issue any opinion addressed to either Vendor or its financier in connection with this transaction. Counsel will, however, assist in obtaining affidavits from District personnel having knowledge of the facts, which can then be submitted to legal counsel representing either the Vendor or it financier. SPECIAL NOTICE: The Purchasing Department of the Midlothian Independent School District is charged with the responsibility of creating a healthy and competitive atmosphere among a large number of vendors; however, vendors may be removed from the various bid/proposal lists due to: 1. Lack of response to bid/proposal invitations. 2. Non-competitive bidding or bidding on only a few items. 3. Failure to adhere to terms and conditions of bid/proposal. 4. Substituting items without prior approval. 5. Failure to render quality service normally associated with the sale of goods or services; i.e. delivery dates not met, shipment problems, return and replacement of damaged goods, provide a contact person associated with the contract, etc. 6. Illegal, inappropriate or unprofessional behavior. 7. Any other relevant factor that a private business entity would consider. BRAND: Unless stated otherwise, catalog, brand name, or manufacturers' reference used in the proposal request is descriptive - not restrictive - it is intended to indicate type and quality

36 Page36 desired. Proposals on brands of like nature and quality will be considered. It is understood that in each case where a brand name and number is given that MISD may accept the item specified or an MISD approved equivalent. If proposing on other than reference specifications, proposer must specify manufacturer, brand, model, etc. of article offered. IF THE SPACE PROVIDED FOR SUCH IS LEFT BLANK, IT WILL BE EXPECTED THAT YOUR COMPANY WILL PROVIDE THE EXACT SPECIFIED ITEM AT YOUR PROPOSED PRICE SHOULD YOU RECEIVE THE AWARD. Where MISD has not indicated a specific brand name or model, the offeror shall indicate the brand name and model proposed in the space provided on the response sheet. IMPORTANT: When submitting alternates to stated pre-qualified items, proof of equality is the sole responsibility of the submitting vendor. All alternates must be submitted for review and qualified by the buyer prior to recommendations to Directors. All product bid must be new (not refurbished, etc.), unless otherwise specified. Latest model or newest technology should be bid. Samples, if required, must be furnished free of expense to the School District on or before date specified; if not destroyed in examination, they will be returned to the offeror, if requested, at his expense. Each sample must be marked with offeror s name and address. DO NOT ENCLOSE IN OR ATTACH SAMPLE TO PROPOSAL. Detailed specifications must be provided on any machine or equipment other than the make and model specified. The name, address, and telephone number of nearest repair facility must be given, as well as the length of warranty. Proposals may not be considered without this information. Attach to proposal descriptive literature of the merchandise you are proposing. Mark each item by our designated item number. The anticipated term of agreement for annual purchase contracts and catalog discounts shall be for a period of one year with the option to renew 2 additional 1 year periods upon agreement by both parties, unless otherwise stated. Price changes will normally only be considered at the end of one agreement period and the beginning of another. Price change requests shall be supported by evidence of increased costs to the proposer. The District will not approve price increases that will merely increase the gross profitability of the proposer at the expense of the District. Price change requests shall be a factor in the agreement extension review process. The District shall determine whether the requested price increase or an alternate option is in the best interest of the District. Price increases in the extension year may not exceed CPI or 2%, whichever is lower. MISD Purchasing personnel are the only employees allowed to authorize/place purchases for the School District. Payments that are due and owing will be made by or on the 10 th of the month following delivery, if the invoice is received by the 20 th of the month of delivery. All buildings and property owned by MISD are deemed a "drug free zone". Therefore, no one may use, consume, carry, transport or exchange tobacco, cigarettes, e-cigarettes, alcohol or illegal drugs while in or on School District property. The successful entity shall ensure that their employees are informed of this policy and shall ensure that it is adhered to.

37 Page37 If selected, vendors may be required to certify information to MISD regarding the criminal background status of its employees, and/or otherwise comply with the requirements of Texas Education Code Chapter 22, Subchapter C, as applicable. Purchase Order number must be clearly noted on all shipping tickets and invoices and ONLY one number per invoice. No invoice shall be processed and paid which is not completed as stated. Send all invoices to: Midlothian Independent School District 100 Walter Stephenson Rd. Midlothian, Texas If applicable, MSDS sheets must accompany your product and will be required with delivery of product to District's warehouse. Asbestos: Nothing stated or implied in these specifications is to be interpreted as requiring or permitting the use of any asbestos containing material of any kind. Since some of Midlothian's schools contain asbestos, all contractor personnel working on-site must either be Asbestos Certified or they must watch a video (approximately 1.5 hours in length) on asbestos awareness and sign a release form waiving MISD from all liability relating to possible asbestos exposure. Contract Status: A response to this RFP shall be considered as an offer to contract. Final negotiations on the best evaluated offer shall be conducted to resolve any minor differences and informalities. After final negotiations, the Midlothian Independent School District shall issue an acceptance of the proposal offer. Both parties prior to executing any changes must agree to all changes to the contract in writing. The resulting contract shall not be assigned, transferred, or sublet in whole or in part without the prior written approval of The Midlothian Independent School District. Debarment or Suspension: The Midlothian Independent School District is prohibited from spending federal funds with vendors who have been debarred or suspended. By responding to this Bid document, you attest that your company is not debarred by the Federal Government. Indemnification Requirements: The successful Contractor shall indemnify and hold The Midlothian Independent School District harmless from all Contractors' performance or failure of performance as a result of the contract. The successful Contractor shall keep The Midlothian Independent School District free and clear from all liens asserted to by any person or firm for any reason arising out of the furnishing of services or materials by or to the Contractor. The resulting contract shall be construed under the laws of the State of Texas and venue in any action to enforce the contract shall be in Ellis County, Texas. The actions of the successful Contractor with third parties are not binding upon the MISD. The Contractor is not an agent of The Midlothian Independent School District. MISD is precluded by Texas Laws to enter into any agreements that require MISD to indemnify or hold harmless a vendor or third party. Should you provide form contracts, please indicate clearly on a cover sheet that you will delete that (those) provision(s) and mark in red ink (underline) where those provisions are in the agreements.

38 Page38 The District believes that it can best maintain its reputation for treating suppliers in a fair, honest, and consistent manner by conducting solicitations in good faith and by granting competitors an equal opportunity to win an award.

39 Page39 16 DEFINITIONS, RESPONSIBILITIES AND INSTRUCTIONS TO PROPOSER Damage and Cleanup A. Existing floors, walls, ceilings, or any structural piece shall not be drilled or cut without prior approval of the District. The Contractor shall be held responsible for and make payment on any damage caused from the delivery and/or installation of its work. B. The Contractor shall keep the premises clean from debris and rubbish. After each workday, the Contractor will be required to properly dispose of any refuse or packing materials by their own means and at their expense. Trash receptacles located on the District s property shall not be used to dispose of the refuse or packing materials. If Contractor is found to be using District trash receptacles, Contractor will be charged the current contracted price to have the receptacle picked up and replaced with an empty one Project Manager A. The Contractor shall appoint a Project Manager who shall be the main point of contact regarding the project for the District. The Project Manager is responsible for the following: 1. Ensuring the contract is completed successfully in a timely manner. 2. Guaranteeing the work and performance of all employees that have been hired by the Contractor. 3. Completing and submitting all required submittals and documentation. 4. Attending all project coordination and/or construction meetings as required by the District, plus chairing a weekly project status meeting throughout the duration of the project. 5. Maintaining the project status meeting minutes and distributing them to all participants within two days following the meeting. 6. Providing written status reports to the District Project Manager monthly. 7. Informing the District of all unexpected conditions and problems that may result in delay or expense. The Contractor must report issues immediately upon discovery and must provide the District with the option(s) for resolving them. 8. The Contractor and/or District may require changes during the project(s). Any changes must be accompanied by a formal Change Order Request form that will be provided by the District. Change Order Request forms will be submitted to the Consultant, True North Consulting Group, for initial review and approval. Once approved, the Change Order will be submitted to the District by the Consultant for review and approval. Once approved, the fully executed Change Order will be sent to the Contractor. Any deviations from this process will not constitute an approved contract change.

40 Page40 B. If the Contractor seeks to change the Project Manager during the course of the project, such change is subject to prior written approval from the District. C. The District reserves the right to request a new Project Manager during the course of the project if the Project Manager does not perform to the District s satisfaction Definitions The following terms may be used within this document: A. Documents: The complete package of Proposal and Contract Requirements, related sections, drawings, schedules, and addenda that make up this Proposal. B. Work: The provision of products and/or services to meet the requirements specified in these documents. C. Owner: Refers to Midlothian ISD. D. Consultant: Refers to True North Consulting Group. E. Proposer/Respondent: The entity submitting a proposal in response to this RFP. F. Contractor: Person or entity that will be contracted by the Owner to perform or deliver the work as described by this RFP Package. G. Subcontractor: Person or entity that is contracted by the Contractor to perform or deliver work to the Contractor for any part of these project requirements H. Addenda: Written or graphic instruction issued by Owner and or Consultant prior to execution of Contract which modify or interpret Proposal Documents by additions, deletions, clarifications or corrections. I. Proposal Response: Complete and properly filled in and signed proposal form, proposing to do Work for sum stipulated therein and submitted in accordance with RFP Package. J. Notice to Proceed: Written notice provided to the Contractor by Midlothian ISD authorizing the Contractor to proceed with the Work and establishing the date for completion of the Work. K. MDF or MER: Main Distribution Frame, also known as Main Equipment Room, MER, or head-end. The primary location in a building for network systems and the point of interconnection for all technology rooms. L. IDF or TR: Intermediate Distribution Frame or Technology Room a dedicated room for network and telecommunications infrastructure supporting a specific area of a building. M. Request For Proposal (RFP): A procurement method by which a governmental entity may request proposals and pricing information based on the scope of work

41 Page41 provided, rank the offerors, negotiate a contract, and then award the project to the contractor that offers the best value and most advantageous proposal Proposer s Representation A. The Proposer, by presenting a Proposal, represents that: 1. The Proposer has read and understands the RFP Package and that the presented proposal is made in accordance therewith. 2. The Proposal submitted is based upon the Scope of Work, materials, equipment, systems, and training required by RFP Package and other Construction Documents without exception Proposal Bond (Required with submission) A. A proposal bond shall be required for any proposal of products and services in which the District will retain ownership upon successful completion of the project. B. Each proposal shall be accompanied by a cashier's check of certified funds or acceptable proposal bond made payable to Owner in the sum of not less than 5% of the total proposal amount, conditioned upon the Proposer entering into a contract with Owner in accordance with the terms of their proposal. Any bonding company used must be licensed in the State of Texas. C. Proposal Bond, and attorney-in-fact who executes bond on behalf of surety, shall affix to bond a certified and current copy of power of attorney. D. It is agreed that the proposal/proposal security will constitute liquidated damages, and not a penalty, for the failure or refusal of the successful Proposer to execute and deliver the contractual documents, in a correct form, within ten (10) days after receipt of the contractual documents. E. This proposal/proposal security shall be returned within 30 days after the proposal opening or, in the event of a successful proposal, return shall be made after the completion of work or after the proper posting of a performance bond Interpretations and Changes by Addenda A. If any Proposer is in doubt as to the meaning of any part of the Plans or Specifications, s/he may submit a written request to Midlothian ISD for an interpretation of that part. It shall be the responsibility of the Proposer to gain a clear and comprehensive understanding of the proposal documents requirements. It shall be the responsibility of the Proposer to obtain interpretations or clarifications before submitting a proposal. Any interpretation or change will be made only by addendum numbered, dated, and issued to each Proposer on record of receiving a set of proposal documents. Neither True North Consulting Group nor Owner shall be responsible for any other explanations or interpretations of the documents. 1. All questions shall be submitted via to purchasing@misd.gs.

42 Page Substitutions and/or Equivalent A. For system components, when any article, device, or material is designated by the name of the manufacturer or proposer or by any proprietary or trade name and such name is followed by the words "or approved equal", "or equivalent", or preceded by the words "similar and equal to", the standard products of manufacturers other than those specified will be accepted when, prior to award of contract, it is proven to the satisfaction of MISD that they are equal in design, flexibility, serviceability, compatibility, scalability, durability, usefulness and convenience for the purpose intended. B. Only MISD s Consultant or designated Representative shall have the right to determine which items may be considered or equivalent Incurring Costs A. Owner is not liable for any costs incurred with replying to this proposal Consideration of Proposals A. Owner reserves the right to accept or reject any or all proposals or parts of proposals and to waive informalities therein. B. Notice is hereby given that the Board of Trustees of MISD has delegated to the Superintendent of Schools and his designee(s) its authority to evaluate and rank proposals, negotiate with ranking proposers, and to make a recommendation to the Board of Trustees for award of the construction contract Exceptions A. Proposers who stipulate in their proposal any condition not contained in these specifications and other documents and drawings shall provide written justification for their stipulation on the Exceptions page of the proposal response. B. Provide detailed information on any exceptions or clarifications to this RFP that the respondent is taking. If no exceptions or clarifications are specifically listed, then the respondent explicitly and knowingly accepts all terms, conditions, and requirements set forth in this RFP Withdrawal of Proposals A. Proposers may withdraw their proposal at any time before the time set for the opening of proposals, and a proposal may be withdrawn sixty (60) days after the scheduled closing time for the receipt of proposals if Owner has not acted thereon Proposal Acceptance A. Owner reserves the right to accept or reject any or all proposals and waive formalities or irregularities in the process. A proposal once submitted shall be deemed final and binding on the Proposer, and shall constitute an option with

43 Page43 Owner to enter into a contract upon the terms set forth in the proposal. All proposal prices must be valid for sixty (60) days from proposal due date Proposal Award A. Owner reserves the right to award the proposal in whole or in part, by item, and/or by group of items where such actions serve the best interests of Owner. Owner reserves the right to award alternates in any order that serves the best interests of Owner. B. The award of contract will be made on the basis of the listed criteria, providing the cost does not exceed the amount of funds estimated by the Owner as available to finance the Contract(s). C. Alternates and unit prices will be considered in establishing the low Proposer to ensure that the proper system is being proposed Commencement and Completion A. The successful Proposer must agree to coordinate the work schedule with the Owner; to commence the work on or before a date to be specified in a written Notice to Proceed ; and to fully complete all the work per the schedule outlined in Section(s) 21. Completion time will be converted to a specific date at the time the Notice to Proceed is issued. Refer also to General Conditions, the article titled Time for Completion of the Project Insurance Requirements A. The successful Proposer shall purchase and maintain such insurance as will protect it from claims set forth below that may arise out of or result from their operations under the contract, whether the operations be by them, by a subcontractor, or by anyone employed by them. B. The successful Proposer agrees to indemnify and hold the Owner harmless from any and all claims, demands, damages, actions, or causes of action arising or to arise against the Owner by reason of the successful Proposer s performance of the contract. C. The company providing insurance for the successful Proposer and their subcontractors must be licensed to do business in the State of Texas and be acceptable to the Owner. D. The successful Proposer shall be responsible for all losses that fall under any deductibles on required insurance coverage. E. If subcontractors are employed, the prime contractor shall procure and maintain bodily injury and property damage liability insurance for and on behalf of the Proposer for claims and damages arising out of acts of subcontractors in the same amounts as required for claims and damages arising out of acts of the selected Proposer.

44 Page44 F. General public liability insurance covering all duties, services, or work to be performed under the contract; $1,000,000/Occurrence including Personal and Advertising Injury and $2,000,000 Products/Completed Operations and General Aggregate. G. Required automobile liability insurance $1,000,000 Combined Single Limits. H. The vendor must also maintain Worker s Compensation insurance providing the statutory benefits for the State of Texas and employer s liability in the amount of $500,000 for each person, $500,000 in the aggregate and $500,000 for each person for occupational disease. Midlothian Independent School District shall have no responsibility of liability for such insurance coverage. I. Vendors must provide proof of insurability with the response. Acceptable proof of insurability will be a certificate of insurance or a letter from the insurance carrier (not the insurance agent). The awarded vendor must provide a certificate of insurance compliance within 15 calendar days after notification of the award. J. Each policy of required insurance shall provide for 30 days notice of cancellation to Midlothian Independent School District and shall name its Board of Trustees as additional insured and include the following provision: 1. It is a condition of the policy that the insurance carrier shall furnish written notice to the MISD Purchasing Department, 100 Walter Stephenson St., Midlothian, Texas 76065, 30 days in advance of the effective date of any reduction in, or cancellation of, this policy Payment and Performance Bond Requirements A. A payment and performance bond shall be required for any proposal of products and services in which the District will retain ownership upon successful completion of the project B. The successful Proposer will be required to produce a performance bond in the amount of 100 percent of the award proposal. This bond must be furnished within 10 days of award. C. The successful Proposer will be required to produce a material payment bond in the amount of 100 percent of the award proposal. This bond must be furnished within 10 days of award. D. Bond cost shall be included in Proposal amount. E. If Owner requires that bonds be secured from other than Proposer's usual sources, changes in cost will be adjusted as provided in Contract Documents. F. The Owner will accept no sureties that are in default or delinquent on any bonds or that are involved in any litigation against Owner. G. Not less than one corporate surety authorized to do business in State of Texas shall execute bonds.

45 Page45 H. Each bond shall be executed by Proposer and the Owner. I. Should any Surety on Contract be determined unsatisfactory at any time by Owner, notice will be given to Contractor to that effect, and Contractor shall immediately provide new Surety at no additional cost and satisfactory to Owner. Contract shall not be operative nor will any payments be due or paid until approval of bonds has been made by Owner. J. Bonding Company shall be qualified as required by Article 11.4 of AIA 201 General Conditions of the Contract and by any Supplementary Conditions. K. Bonds shall be executed on the provided Bond forms or other acceptable bond documents as agreed to by the Owner Compliance with Laws/Standards A. The successful Proposer shall comply with all Federal, State, and local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this contract or to the facilities, programs, and staff for which the successful Proposer is responsible Indemnification A. Any and all claims that arise or may arise against the successful Proposer or its agents, servants, or employees as a consequence of any act or omission on the part of the successful Proposer or its agents, servants, or employees while engaged in the performance of the contract shall in no way be the obligation or responsibility of the Owner. B. The successful Proposer shall indemnify, hold harmless, and defend the Owner and its officers and employees against any and all liability, loss, costs, damages, expenses, claims, or actions, including attorney s fees that the Owner, its officers, or its employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the successful Proposer, its agents, servants, or employees, in the execution, performance, or failure to adequately perform the successful Proposer s obligations pursuant to this contract. C. The Owner shall also be indemnified for any attorney s fees it incurs in enforcing this indemnification provision or any other indemnification provision in the contract Default A. Force Majeure: Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following, unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers, provided the defaulting party gives notice as soon as possible to the other party of the inability to perform.

46 Page46 B. Inability to Perform: The successful Proposer shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by the Owner. The successful Proposer shall immediately notify the Owner in writing whenever it is unable to (or reasonably believes it is going to be unable to) provide the agreed upon quality and quantity of services. Upon such notification, the Owner shall determine whether such inability requires a modification or cancellation of this contract. C. Duties to Mitigate: Both parties shall use their best efforts to mitigate any damages that might be suffered by reason of any event-giving rise to a remedy hereunder Americans with Disabilities Act of 1990 A. The successful Proposer shall have thorough and complete knowledge of the Americans with Disabilities Act of The successful Proposer also agrees to provide complete capabilities to meet or exceed all requirements of this Act for this project with regard to the products and services to be supplied by the Proposer Non-Discrimination A. During the performance of this contract, the successful Proposer shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, age, marital status, or public assistance status. The successful Proposer will take affirmative action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, age, marital status, or public assistance status. B. Such action shall include but not be limited to the following: employment; upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The successful Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices that set forth the provisions of this nondiscrimination clause. C. The successful Proposer will, in all solicitations or advertisements for employees placed by or on behalf of the successful Proposer, state that all qualified applicants will receive consideration for employment without regard to race,

47 Page47 creed, color, religion, sex, national origin, disability, marital status, or public assistance status. D. The successful Proposer shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws that may be applicable: State statute, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. 2000e et seq., which prohibits discrimination in employment because of race, color, religion, sex, or national origin. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq. and 45 C.F.R (J) and (K) implementing Sec. 504 of the Act, which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or employment. The Age Discrimination in Employment Act of 1967, as amended, which generally prohibits discrimination because of age. The Equal Pay Act of 1963, as amended, 29 U.S.C. 206, which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same work. The Job Training Partnership Act of 1982, as amended, and JTPA regulations, which prohibit discrimination under any program funded in whole or in part with JTPA funds because of race, color, religion, sex, national origin, age, handicap, or political affiliation or beliefs. Although certain restrictions apply, generally, persons cannot be denied participation in a JTPA program simply because of their citizenship State Excise and Use Tax A. Section , Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities. The section further permits the purchase taxfree of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

48 Page48 B. In submitting the proposal, the Proposer is understood to have included in the price any applicable State or Federal sales, excise, or use tax on all materials, supplies, and equipment that are to be used in the project Project Closeout and Acceptance A. Punch List Approval The punch list shall be considered complete only after having been signed by the District. B. Acceptance Acceptance shall occur after all of the following conditions have been met: 1. All items/systems have been delivered, installed, configured, tested, and transitioned into service. The system, including all ancillary devices, applications, and options made part of the contract, has had 30 consecutive days with 100 percent availability. 2. All of the work has been completed in accordance with the contract and RFP specifications (including testing procedures as outlined in the accepted response). 3. Training as specified is complete. 4. The system operates in conformance with manufacturer's published specifications. 5. The system is transitioned to service. 6. All of the documentation requirements have been met. 7. All outstanding punch list items have been corrected. 8. The system post-cutover requirements have been completed. 9. The Contractor has supplied test results needed to verify compliance with the specifications found in this RFP. 10. The Contractor has certified in writing to the District that the system is installed and operational in accordance with these specifications and is ready for use. 11. The District or the District s designated representative has inspected the installation and provided written approval. At this time, upon the District s written acceptance, operational control becomes the responsibility of the District. This constitutes Date of Acceptance. The warranty for the entire system and all components begins as of this date Warranty Period A. The Contractor, by entering into a contract with the District, warrants and represents that all materials, equipment, and services delivered to the District pursuant to the contract conforms to all of the specifications contained or referred herein. The Contractor further guarantees to replace all materials, equipment, software, or services that may be rejected by the District due to

49 Page49 defective materials or workmanship for a minimum of one year following acceptance. Specific systems may have additional warranty requirements listed in the system specifications.

50 Page50 17 COST & BILL OF MATERIALS Provide Bill of Materials (BOM) showing model number/description, and quantity, for all components proposed per school. Respondent shall provide this BOM in a MS Excel format. Successful Contractor(s) shall provide detailed unit pricing and extended pricing Base prices requested in Proposal Form and Cost Detail shall be all inclusive of all specified components. Respondent shall not include optional items in base prices. Provide optional pricing as separate line items outside of totals.

51 Page51 18 REFERENCES AND SUPPORT References will be contacted please verify information before submitting. Use the format below for all references. All references will be contacted. Please inform your contacts that a brief electronic survey will be sent from True North Consulting Group. Reference 1: Organization Name Contact Person/Title Telephone/ Project Description Date of Installation Reference 2: Organization Name Contact Person/Title Telephone/ Project Description Date of Installation Reference 3: Organization Name Contact Person/Title Telephone/ Project Description Date of Installation

52 Page Subcontractors 1. The use of subcontractors is permitted. The respondent is responsible for understanding the full scope of the project and determining its ability to perform under all requirements set herein. 2. Please acknowledge full understanding of the systems and scope of project specified herein Service after Installation A. How many service personnel trained in maintaining the proposed systems does Respondent employ in the District s area? Please indicate location closest to the District. 1. Trained Service Personnel: 2. Location: B. Provide the address of Respondent s service center(s) closest to the District: 1. Company 2. Address 3. Telephone Number Project Team A. Resumes of key members of the team, including Project Manager, that will be assigned to the project (include previous projects, certifications, and number of years employed). B. Provide proof of manufacturer s certification/specialization for the company. All certifications must be current and valid. C. Provide proof of manufacturer s certification for individuals listed above. All certifications must be current and valid.

53 Page53 19 PROPOSAL BOND FORM THE STATE OF TEXAS COUNTY OF. KNOW ALL MEN BY THESE PRESENTS: THAT we, as Principal, and as Surety, are held and firmly bound unto the Midlothian ISD. / Owner, hereinafter called the OBLIGEE, in the penal sum of Dollars ( ), (equivalent to 5% of total lump sum proposal with alternates) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Proposal, dated, 2017, being for the supply and installation of systems described by Midlothian ISD, Information Security Tools & Systems RFP # with appurtenances thereto, the kind and extent of work involved being set forth in detail in the proposed Contract Documents cited herein. NOW, THEREFORE if the Obligee shall notify the Principal of the acceptance of the Proposal of the Principal within 30 days of the date of the submittal of the Proposal and if the Principal shall within 10 days of receipt of such notification enter into a contract with the Obligee in accordance with the bidding or Contract Documents, including furnishing acceptable Performance and Payment Bonds each in the amount of one hundred percent (100%) of the total contract sum, or in the event of failure of the Principal to enter into such contract and submit such bonds within the specified time, if the Principal shall pay to the Obligee the difference between the aggregate amount specified in said bid and the aggregate amount for which the Obligee may in good faith enter into contract for the same work with another bidder, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect.

54 Page54 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of 2017, the name and Corporate Seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. (Business Address) (Individual Principal) (Business Address) (Corporate Principal) ATTEST: (Secretary) (President) (Surety Business Address) (Corporate Surety) ATTEST: BY: END OF SECTION

55 Page55 20 PERFORMANCE BOND FORM THE STATE OF TEXAS COUNTY OF ) THAT we, As Principal, and as Surety, are hereby held and firmly bound unto Midlothian ISD/Owner, hereafter called Obligee, in the penal sum of $ which is the full amount of Principal's contract with the named Obligee, for the payment of which sum the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally firmly by these presents. WHEREAS, the principal has entered into a written contract dated with Obligee named, to do and perform certain construction work as provided in said contract and the related plans, specifications, general conditions and other contract documents, all of which are by reference made a part hereof. NOW, THEREFORE, the conditions of this Obligation is such that if the Principal shall faithfully perform all of the work in accordance with the plans, specifications general conditions and contract documents, and shall faithfully perform each, every and all other obligations incumbent upon him under the terms of said written contract referred to, and shall fully indemnify and save harmless the Obligee from all costs, expense and damage which it may suffer or incur because of Principal's default, or failure so to do, then this obligation shall be void, otherwise it shall remain in full force and effect. In the event Principal shall default in the faithful performance of the work called for by said written contract, plans, specifications and contract documents, the Surety shall within 15 days of the determination of default (determined as provided in said contract, general conditions and contract documents) take over and assume completion of said contract, or within such 15-day period make other arrangements satisfactory with the Obligee for completion of the contract, and said Surety shall become entitled thereupon to the payment or benefit of the balance of the contract price as the same matures according to its terms. The Surety, for the protection of the Obligee herein, waives notice of, and hereby consents to any subsequent modification or alteration both in the work to be performed by the Principal, and the consequent price or sums to be paid by the Obligee, as well as any other change, or amendment, addition or deletion in the contract documents during the progress of the work, including but not limited to all extensions of time or other indulgences permitted the Principal. Notwithstanding any other provision, the liability of the Surety on this bond shall never exceed the penal sum stated in first paragraph.

56 Page56 This Performance Bond is given in compliance with the terms and provisions of the Civil Statutes of the State of Texas, and this bond and all of the provisions herein contained shall be solely for the protection of the named Obligee, which has awarded the contract referred to. The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and represent that it is duly authorized to do business in Texas. Executed this day of, (Business Address) (Individual Principal) (Business Address) (Corporate Principal) ATTEST: (Secretary) (President) (Surety Business Address) (Corporate Surety) ATTEST: BY: NOTE: 1. This bond must be payable to the awarding authority, Midlothian ISD/Owner, as the named obligee, and it must be approved as to form by such awarding authority. 2. This bond must be furnished before any work is commenced. 3. Surety must be a corporate surety duly authorized to do business in Texas. 4. This PERFORMANCE BOND must be in the full amount of the contract, which it secures. 5. Attach Power of Attorney from Corporate Surety to this Performance Bond. END OF SECTION

57 Page57 21 TECHNOLOGY SYSTEMS REQUIREMENTS Proposal Response A. Respondents shall respond to any or all sections of this RFP. Any unclear proposals may be disqualified as unresponsive. B. Technical specifications (data sheets/cut sheets) for all proposed items (including software) are to be included in response. C. Individual components and line item pricing are to be included in Bills of Materials. Software version numbers shall be included. Responses that fail to include Bills of Materials and technical specifications may be disqualified. D. The District will use methods to normalize proposal pricing for evaluation purposes. This may include using unitized pricing, adjusting quantities to match, evaluating based on list price discounts, and other reasonable estimations to establish the best value for the District Provided by Others (Not in Contract) A. High voltage (110v/208v) electrical power outlets. B. Uninterruptible Power Supplies (UPS). C. Racks and enclosures Scope of Technology Systems Contract A. The vendor to whom the District awards this contract shall provide the following within 10 days of contract execution: 1. Required insurance certificates 2. Required Performance and Payment bonds 3. The name and contact information for the Respondent s assigned Project Manager 4. A project schedule showing milestones for equipment ordering, equipment delivery, installation at each site, and testing. 5. A testing plan outlining the tasks that will be accomplished during testing and the amount of involvement required from the Owner External transceivers or media converters shall not be used Patch Cables/Cords specifications A. Single Mode Patch Cords 1. Provide sufficient OS2 grade (yellow) quantity as required for proposed systems.

58 Page58 2. Patch cord connectors shall be measured for insertion loss with the following values for each connector: typical of 0.3 db and maximum of 0.5 db and guaranteed reflectance of -55 db for UPC. 3. Manufacturer shall be ISO 9001 and TL 9000 registered. 4. Manufacturer shall manufacture both cable and connectors used to manufacture the patch cords. 5. Connector ferrule material shall be ceramic. 6. Optical fiber cable type shall be zipcord construction suitable for use in indoor spaces and shall include a plenum-rated jacket. 7. Patch cord shall be constructed with reverse-pair positioning as per TIA TSB Patch cord shall contain single-mode fibers compliant with TIA/EIA-568B.3 and applicable TIA/EIA-604 document. 9. Patch cord jacket color shall be yellow. 10. Length of patch cord should be appropriate to be properly routed and cable managed. 11. Connector types shall be verified with the District prior to ordering. B. Multimode Fiber Patch Cords (50 micron) 1. Provide multimode fiber patch cords in sufficient quantity as required for proposed systems. 2. Patch cord shall contain 50 micron 850 nm laser-optimized multimode fiber and shall comply with TIA/EIA-568B.3 and applicable TIA/EIA-604 document. 3. Optical fiber cable types shall be suitable for use in indoor spaces and be listed as OFNR or OFNP (plenum-rated). 4. Patch cord connectors shall be measured for insertion loss with the following values for each connector: typical of 0.3 db and maximum of 0.5 db. Connector reflectance shall be -55 db. 5. Manufacturer shall manufacture both cable and connectors used to manufacture patch cord. 6. Manufacturer shall be ISO 9001 and TL 9000 registered. 7. Length of patch cord should be appropriate to be properly routed and cable managed. 8. Multimode patch cord jacket shall be coordinated with the District. 9. Connector types shall be verified with the District prior to ordering. C. Category 6 Patch Cords

59 Page59 1. Provide category 6 patch cords for any non-station connection, such as network interfaces, management interfaces, and other connections related to the system being proposed. 2. Both ends of the cord shall be equipped with modular 8-position (RJ45 style) plugs wired straight through with standards compliant wiring. All modular plugs shall exceed FCC CFR 47 part 68 subpart F and IEC specifications, and have 50 micro inches of gold plating over nickel contacts. Cable shall be label-verifiable. Cable jacket shall be factory marked at regular intervals indicating verifying organization and performance level. Category 6 cords shall have color-coded insert molded strain relief boot with a latch guard to protect against snagging. Additional color-coding shall be available by the use of snapin icons. 3. Patch cords shall be wired straight through. Pin numbers shall be identical at each end and shall be paired to match T568B patch panel jack wiring per ANSI/TIA/EIA-568-C. Patch cords shall be unkeyed. 4. Manufacturer shall manufacture both cable and connectors used to manufacture patch cord. 5. Manufacturer shall be ISO 9001 and TL 9000 registered. 6. Category 6 patch cord jacket color shall be coordinated with the District. 7. Length of patch cord should be appropriate to be properly routed and cable managed Firewall System Requirements A. The purpose of the firewall is to provide perimeter (internet) protection as well as east/west protection of District mission critical services. There are approximately 950 staff and 10,000 students at MISD located across two (2) high schools, two (2) middle schools, seven (7) elementary schools, an administration building, and an auxiliary center. B. One (1) firewall shall be provided. The firewall is to be located at the primary data center in the current District Administration building. C. The firewall shall be a next generation firewall and support advanced services such as application control and next-generation intrusion prevention services. D. The firewall shall support active/active high availability modes with path and interface monitoring failure detection. E. The firewall shall support virtual firewalls or contexts and shall be licensed for a minimum of 25 contexts.

60 Page60 F. The firewall shall support no less than 30Gbps of firewall throughput and no less than 10Gb of combined throughput for firewall, application control, and NGIPS services enabled simultaneously for all inspected traffic. G. The firewall shall support 8 million concurrent sessions at a rate of no less than 150,000 new sessions per second. H. The firewall shall support contextual awareness for all traffic attempting to traverse the firewall, providing full situational awareness and then flexible control based on that awareness. I. The firewall shall identify traffic based on application rather than port, encryption type, or evasive technique employed. J. The firewall shall provide integration with all currently supported versions of Microsoft Active Directory. K. The firewall shall provide identification and allow for classification of policies by application. L. The firewall shall support no less than eight (8) 10GE SFP+ ports and shall be initially equipped with four (4) SR optics and associated fiber patch cables. M. The firewall interfaces shall support layer 2, layer 3, tap, and transparent modes of operation. Further layer 2 interfaces shall support 802.1q VLAN tagging and 802.3ad aggregation. N. The firewall shall provide client-based and client-less SSL/IPSec VPN. O. Provide the following optics and corresponding fiber patch cables for connectivity: 1. Two (2) 10Gb SR for perimeter 2. Two (2) 10Gb SR for DMZ and other networks P. The firewall shall support OSPF and BGP routing as well as PIM-SM, PIM-SSM, and IGMP v1, v2, and v3. Q. Provides policy and configuration validation against best practices and industry standards. R. Automate policy change management to centrally manage editing, review, and approval and auditing of security policy changes. S. Centralized security event correlation. T. Central monitoring of multiple devices, providing alerts to security team for changes in and activity for security appliances, end points, and users. U. The firewall shall be equipped with N+1 power supplies with sufficient capacity to power all installed modules/ports at full operating capacity.

61 Page61 V. The firewall shall be equipped with redundant fan trays. W. Provide one (1) year hardware maintenance with Next Business Day (NBD) parts replacement. X. Provide one (1) year software updates for all software. Y. All provided systems shall be new and be an active product (no end of sale, end of life, or end of support announcements for proposed equipment). Z. All hardware components shall be UL approved and FCC certified, as applicable Firewall Services Requirements A. Contractor shall include any necessary professional services to upgrade new and existing firewalls to the latest version of code as required by the security management application. B. Contractor shall provide professional services for a turn-key installation based on specifications and requirements contained in this RFP and shall not be limited by any omission of reasonable configuration or installation requirements for similar systems. Respondent shall include a thorough scope of work with proposal. C. Proposal pricing shall include shipping, delivery, configuration, and installation within the MISD Administration Building, testing, and documentation (including all labor). D. All equipment shall be warranted by the manufacturer for 12 months, including but not limited to technical support, hardware replacement, and software updates. Further, installation services shall be warranted by the Contractor for 12 months. If this requires purchase of a maintenance program, then cost for such shall be included in the base proposal. The Contractor shall not substitute manufacturer s warranty or maintenance programs with their own warranty. E. Contractor shall provide a post-installation inventory spreadsheet for all equipment and components and licenses associated with the system proposed. It is the Contractors responsibility to coordinate format of spreadsheet and data to include. F. Contractor will not ship equipment to District prior to installation. Contractor will arrive onsite with the equipment for installation as per the project schedule and inventory, asset tag, and label the equipment onsite. G. All equipment shall be rack-mounted (19 racks and cabinets provided by Owner). All equipment shall have the maximum number of screws installed in a manner so that the equipment does not sag.

62 Page62 H. Equipment that has been announced but is not yet shipping will be considered, providing the following: 1. That the announced delivery date is on or before the installation dates of this project, and 2. That the Contractor allows a 60-day test period to ensure that equipment performs according to specifications. I. Contractor shall have as a part of its implementation team a network or security engineer fully capable of analyzing and implementing proper configurations necessary to facilitate connectivity and perimeter security requirements outlined in this RFP including but not limited to access control lists, NAT/PAT, routing, threat prevention mechanisms, SSL and IPSEC VPN, and traffic shaping based on the manufacturer s recommendations and documented best practices. J. Contractor shall provide detailed security configuration specifications and best practices required to support all installed components. This should align with the outcomes from the configuration kick-off meeting. K. Contractor is responsible to install all copper and fiber patch cords (regardless of provider) between the system proposed and the existing network, with the exception of additions after the initial implementation. L. The Contractor is responsible to work with the District to determine, obtain, and assign IP addresses to the relevant systems and their interfaces and to implement this plan in the furnished system. M. Contractor is responsible to work with the District to develop SNMP configurations, community strings, and passwords for all devices and to implement these in the furnished system. N. Contractor is responsible to understand the District s device naming convention and implement device names on all new devices. O. Requirements for all devices: 1. All devices shall be installed with the most current software version, unless otherwise requested by Owner. 2. Identical software images shall be loaded on all devices of the same type (e.g., all complementary or secondary devices such as dedicated reporting devices shall have software versions loaded as recommended by the manufacturer). P. Contractor shall provide six (6) hours of informal training on the proposed system simultaneously to two (2) MISD staff members of the district s choosing. Training shall include day-to-day system maintenance such as system backup/restore, configuration backup/restore, firmware updates, manufacturer support contact procedures, policy creation, report creation

63 Page63 and output interpretation, offsite filtering management, and basic troubleshooting. Agenda shall be agreed upon prior by the District and the Contractor. Contractor shall submit training deliverables following the training session in the form of manufacturer-created documentation Additive 1: Firewall Maintenance 8x5xNBD 5 Year A. Provide optional five (5) year hardware maintenance with Next Business Day (NBD) parts replacement Additive 2: Threat Prevention 5 Year A. The firewall shall be licensed for advanced threat prevention for a term of five (5) years. B. Threat prevention shall prevent a wide variety of threats, including vulnerability exploits, malware, and botnets. C. Threat prevention shall detect and prevent threats hidden within SSLencrypted traffic D. Threat prevention shall detect and prevent malware by focusing on payload instead of hash or filename. E. Threat prevention shall provide for automatic updates within minutes, making sure system is protected against the latest attacks. F. Threat prevention shall provide actionable, correlated forensics, and reporting for fast remediation. G. Proposal shall include all necessary hardware, software, cables, and professional services for a turn-key system. H. Proposal shall include 2 hours of system training Additive 3: Cloud-Based Zero-Day Threat Analysis 5 Year A. The firewall shall be licensed for zero-day malware sandbox prevention. B. Threat analysis shall include the ability to observes files as they detonate in a custom-build evasion resistant virtual environment, enabling detection of zero-day malware and exploits using hundreds of behavioral characteristics. C. Threat analysis shall include the ability to detect malware and exploits that attempt to evade dynamic analysis, as well as instantly identifying variants of existing malware. D. Threat analysis shall include the ability to extract thousands of unique features from each file, training a predictive machine learning classifier to identify new malware and exploits not possible with static or dynamic analysis alone.

64 Page64 E. Threat analysis shall include the ability to conduct bare metal analysis where evasive threats are automatically sent to a real hardware environment for detonation, entirely removing an adversary s ability to deploy anti-vm analysis techniques. F. Proposal shall include all necessary hardware, software, cables, and professional services for a turn-key system. G. Proposal shall include 2 hours of system training Additive 4: Firewall System High Availability / Redundancy A. Provide optional HA firewall system configured and specified identically as the base system proposal. B. The HA firewall system proposal shall include modules, optics, and cables to provide 40GE firewall to firewall connectivity for both the base system as well as the HA system. C. The HA firewall system shall support active/active clustering of firewall systems in multiple configuration modes, such as route-based redundancy, floating IP addresses, ARP load-sharing, and others. D. Proposal shall include all necessary hardware, software, cables, and professional services for a turn-key system. E. Proposal shall include 2 hours of system training Additive 5: Firewall System High Availability / Redundancy - Firewall Maintenance 8x5xNBD 5 Year A. Provide optional five (5) year hardware maintenance with Next Business Day (NBD) parts replacement Additive 6: Firewall System Enterprise Management 5 Year A. Provide optional enterprise management system with five (5) years of with Next Business Day (NBD) parts replacement, software updates, and technical support. B. Enterprise management system shall operate in VMWare virtualized environment. The District will provide all resources and a host instance for the system. C. Enterprise management system shall offer simplified management, rule setting and consolidated reporting for the entire network of next-generation firewalls. D. Enterprise management system shall control all devices and applications from a central location and single pane of glass.

65 Page65 E. Enterprise management system shall manage all devices with a single security rule base for firewalls, threat prevention, URL filtering, application awareness, user identification, sandboxing, file blocking, and data filtering. F. Enterprise management system shall provide a command center interface to provide network visibility, automatic global reporting, and consolidation of data about network traffic and threats across the network. G. Enterprise management system shall provide improved visibility of critical network and threat data with automatic event correlation, which discovers and highlights critical threat behavior for immediate response. H. Enterprise management system shall provide automated functionality with valuable insights and threat knowledge about what is going on in the network, reducing the need for manual analysis and management. I. Proposal shall include all necessary hardware, software, cables, and professional services for a turn-key system. J. Proposal shall include 2 hours of system training Content Filter System Requirements A. The purpose of the content filter is to provide a Web filtering solution that fulfills all CIPA requirements and ensures a safe and secure online and mobile learning environment. There are approximately 950 staff and 10,000 students at MISD located across two (2) high schools, two (2) middle schools, seven (7) elementary schools, an administration building, and an auxiliary center. B. The proposed solution and any other associated devices are to be located at the primary data center in the current District Administration building. C. The proposed solution will be located within the network as shown in Exhibit A. D. The proposed solution shall support active/active high availability modes with path and interface monitoring failure detection. E. The proposed solution shall support 10Gb of throughput with requested services licensed, enabled, and configured. F. The proposed solution shall support Layer 2 bridge mode as a non-proxy and provide near-zero latency for content inspection. G. The proposed solution shall provide the options to fail-closed and fail-open (to wire) capability such that the filtering device does not block network traffic in the event of loss of power, crash, or other failure. H. The proposed solution shall provide integration with all currently supported versions of Microsoft Active Directory.

66 Page66 I. The proposed solution shall provide client-free deployment for directory services such as LDAP and Active Directory. J. The proposed solution shall have a method to deploy a Root CA in order to decrypt BYOD or non-managed devices. K. The proposed solution shall provide automatic updates to predefined categories on at least a daily basis. L. The proposed solution shall provide capability to enforce safe-search restrictions for major image search engines without the use of DNS redirects. M. The proposed solution shall prevent circumvention techniques like translating inappropriate content with Google Translate, hiding behind encrypted traffic, using unauthorized proxies, etc. N. The proposed solution shall support keyword blocking for all search engines and other domains. O. The proposed solution shall present a block page when blocking encrypted web sites. No error messages or page cannot be displayed messages. P. The proposed solution shall allow access to Safe YouTube for Schools even if access to the overall YouTube site is blocked. Alternatively, the proposed solution must provide the capability to create a library or repository of links to specific videos, especially YouTube, which may be viewed even when the overall site is blocked. Q. The proposed solution shall enforce YouTube for Schools and Safe Search and YouTube Channels. R. The proposed solution shall allow for definition of multiple groups or profiles with different sets of restrictions. (i.e. staff, students, guest) S. The proposed solution shall allow the administrator to look up and modify a URL classification in real time. T. The proposed solution shall allow the block page to be customized. It must be capable of displaying the URL that was blocked and the reason that it was blocked. It shall provide a mechanism to allow the user to submit a request that the site be reviewed. This shall include the ability to add a link to a local web server. The mechanism shall allow for the URL, the user id, the user s IP address, and the category to be forwarded with the request. U. The proposed solution shall provide reliable mobile filtering and support for Windows, ios/os X, Chrome, and Android. V. The proposed solution shall provide content filtering mechanisms for offsite end-user devices, while preventing end-user tampering with the device s local profile.

67 Page67 W. The proposed solution shall support SSL Inspection for safety features, granular control, and reporting, on and off site. X. The proposed solution shall allow for BYOD web access controls for all devices; meaning, seamless device registration, user authentication, and accountability for any Web-enabled device. It shall ensure that students utilizing their own devices on campus networks are fully protected and filtered. No client software shall be required. Y. The proposed solution shall provide comprehensive granular controls to manage a wide range of Web 2.0, social networking sites and applications, including Google, YouTube, Facebook and Twitter. Z. The proposed solution shall provide Full and Selective SSL decryption to enforce Web Filtering policy down to sub-sections of domains. AA. The proposed solution shall provide integration with LMS systems to give students uninterrupted access to data from teacher lessons including but not limited to YouTube videos and online testing. BB. The proposed solution shall scale to provide load-balancing capabilities for up to 40Gbps internet circuits. CC. The proposed solution shall allow for detailed, real-time notification and reporting mechanisms for onsite and offsite end-user devices including but not limited to anti-bullying and threat tracking search terms and strings. DD. The proposed solution shall allow for policies to be created based on subnet, Active Directory user group, or user level. EE. The proposed solution shall provide for traffic shaping capabilities. FF. The proposed solution shall allow for time-based filtering bypass. GG. Any subscription costs shall be included in the total price. HH. The proposed solution shall be licensed for a term of one (1) year. II. The proposed system shall include all hardware (server or otherwise), software, optics, and cables necessary to integrate the proposed system into the existing network to support all features described herein at 10Gbps of unimpeded throughput. JJ. The proposed system shall provide central monitoring of multiple devices, providing alerts to security team for changes in and activity for end points and users. KK. The proposed solution shall be equipped with N+1 power supplies with sufficient capacity to power all installed modules/ports at full operating capacity. LL. The proposed solution shall be equipped with redundant fan trays.

68 Page68 MM. Contractor shall include a high-availability option. NN. Contractor shall provide one (1) year hardware maintenance with Next Business Day (NBD) parts replacement. OO. Contractor shall provide one (1) year software updates for all software. PP. Contractor shall provide optional one (1) year hardware maintenance with same-day parts replacement. QQ. Contractor shall provide optional five (5) year hardware maintenance with Next Business Day (NBD) parts replacement. RR. Contractor shall provide optional five (5) year hardware maintenance with same-day parts replacement. SS. Contractor shall provide optional five (5) year software updates for all software. TT. All provided systems shall be new and be an active product (no end of sale, end of life, or end of support announcements for proposed equipment). UU. All hardware components shall be UL approved and FCC certified, as applicable Content Filter Services Requirements A. Contractor shall include any necessary professional services to upgrade new content filter to the latest version of code as required by the security management application. B. Contractor shall provide professional services for a turn-key installation based on specifications and requirements contained in this RFP and shall not be limited by any omission of reasonable configuration or installation requirements for similar systems. Respondent shall include a thorough scope of work with proposal. C. Proposal pricing shall include shipping, delivery, configuration, and installation within the MISD Administration Building, testing, and documentation (including all labor). D. All equipment shall be warranted by the manufacturer for 12 months, including but not limited to technical support, hardware replacement, and software updates. Further, installation services shall be warranted by the Contractor for 12 months. If this requires purchase of a maintenance program, then cost for such shall be included in the base proposal. The Contractor shall not substitute manufacturer s warranty or maintenance programs with their own warranty. E. Contractor shall provide a post-installation inventory spreadsheet for all equipment and components and licenses associated with the system

69 Page69 proposed. It is the Contractors responsibility to coordinate format of spreadsheet and data to include. F. Contractor will not ship equipment to District prior to installation. Contractor will arrive onsite with the equipment for installation as per the project schedule and inventory, asset tag, and label the equipment onsite. G. All equipment shall be rack-mounted (19 racks and cabinets provided by Owner). All equipment shall have the maximum number of screws installed in a manner so that the equipment does not sag. H. Equipment that has been announced but is not yet shipping will be considered, providing the following: 1. That the announced delivery date is on or before the installation dates of this project, and 2. That the Contractor allows a 60-day test period to ensure that equipment performs according to specifications. I. Contractor shall have as a part of its implementation team a security engineer fully capable of analyzing and implementing proper configurations necessary to facilitate features including but not limited to connectivity, policy creation based on MISD needs, offsite filtering, load balancing, SSL decryption, and reporting based on the manufacturer s recommendations and documented best practices. J. Contractor shall provide detailed configuration specifications and best practices required to support all installed components. This should align with the outcomes from the configuration kick-off meeting. K. Contractor is responsible to install all copper and fiber patch cords (regardless of provider) between the system proposed and the existing network, with the exception of additions after the initial implementation. L. Contractor is responsible to work with the District to determine, obtain, and assign IP addresses to the relevant systems and their interfaces and to implement this plan in the furnished system. M. Contractor is responsible to work with the District to develop SNMP configurations, community strings, and passwords for all devices and to implement these in the furnished system. N. Contractor is responsible to understand the District s device naming convention and implement device names on all new devices. O. Requirements for all devices: 1. All devices shall be installed with the most current software version, unless otherwise requested by Owner.

70 Page70 2. Identical software images shall be loaded on all devices of the same type (e.g., all complementary or secondary devices such as dedicated reporting devices shall have software versions loaded as recommended by the manufacturer). P. Contractor shall host an on-site kick-off meeting to document the existing system and develop a written configuration guide for how the new system will be deployed and configured. This shall include all details such as logical and physical diagrams, IP addressing, policy configuration, and integrations into other systems. Q. Contractor shall provide policy and configuration validation against best practices and industry standards. R. Contractor shall be responsible for collecting existing configuration details and creating/re-creating these policies on the new system. S. Contractor shall be responsible for integrating and incorporating new features as proposed in the new system. T. Contractor shall provide up to six (6) hours of informal training on the proposed system simultaneously to two (2) MISD staff members of the district s choosing. Training shall include day-to-day system maintenance such as system backup/restore, configuration backup/restore, firmware updates, manufacturer support contact procedures, policy creation, report creation and output interpretation, offsite filtering management, and basic troubleshooting. Agenda shall be agreed upon prior by the District and the Contractor. Contractor shall submit training deliverables following the training session in the form of manufacturer-created documentation Additive 1: Content Filter System 5 Year A. Provide optional licensing, hardware support, software support, and technical support for five (5) years with Next Business Day (NBD) parts replacement Trade-In A. The District will consider trade-in credits for existing equipment, if in the best interest of the District. B. Trade-in pricing must be listed separately and not blended into the new equipment pricing. If the District elects to not exercise trade-in, the pricing as proposed minus the trade-in credits will be the price accepted by the District. C. The Contractor will be responsible for inventorying, collecting, shipping, and disposing of any equipment traded in by the District.

71 Page71 Qty Make Model Description 1 Palo Alto PA-3050 Palo Alto 3050 Security Appliance 1 iboss K12-SWG AX iboss Enterprise Web Gateway Filter iboss K12-IWR-5960-A iboss Enterprise Reporter Documentation: When installation is complete, the Contractor shall furnish the District with two complete sets (in three-ring binders, each with an accompanying electronic copy) of data network project documentation. Contractor shall provide documentation as follows: A. Logical diagrams showing all installed equipment, including locations. Diagrams shall be submitted in MS Visio 2010 or later. Equipment stencils shall accurately represent the equipment installed. B. Hostnames, model numbers, serial numbers, asset tag identification numbers, and IP addresses assigned to all equipment shall be noted both on diagrams and on a separate table/spreadsheet. Spreadsheet shall be submitted in MS Excel 2010 or later. C. A thorough list of all passwords and SNMP community strings configured on each device. This list shall be organized by device type. Description of warranty and servicing procedures for all components. D. Technical data sheets/cut sheets for all equipment provided. If data sheets are publicly available, the Contractor may provide hyperlinks in a MS Word format to data sheets for all equipment supplied. Links shall be tested prior to submittal of documentation. E. Finalized configuration details as determined in the kick-off meeting.

72 Page72 22 EXHIBIT A