1 BID 26-F-255 Site Work ITB Doc Contracted Services For Site Work - County Wide.pdf

No Bids will be opened at Bid opening unless

Contractor is Pre-Qualified

Contractor Pre-Qualification Information can be found at:

https://www.oneclay.net/o/ccds/page/facility-planning-and-construction

Note: The School Board has to approve Pre-Qualification. Pre-Qualification Packet should be received by the Facility Planning & Construction Department 4-6 weeks before School Board Meeting. School Board Meetings will be held on the 1st Thursday of each Month.

* Last Board Meeting for Pre-Qualification is November 5, 2026 *

To obtain pre-qualification instructions click on the Contractor Prequalification Information folder at School Board web page: https://www.oneclay.net/o/ccds/page/facility-planning-and-construction, and follow the instructions or contact Katrease Sharavolli 904-336-6901

SUBMIT BIDS TO:

SCHOOL BOARD OF CLAY COUNTY

PURCHASING DEPARTMENT

800 Center Street Green Cove Springs, Florida 32043

0BINVITATION TO BID

Acknowledgement Form

Page 1 of 29 Pages

BID WILL BE OPENED AT:

2:00 P.M., NOVEMBER 10, 2026

and may not be withdrawn within 90 days after such date and time.

ITB NO.

26-F-255

POSTING TIME & DATE

2:00 P.M.

SEPTEMBER 16, 2026

PURCHASING DEPARTMENT REPRESENTATIVE

Elaine L Barton-Weeks Coordinator of Purchasing Email: elaine.bartonweeks@myoneclay.net

BID TITLE

CONTRACTED SERVICES FOR

SITE WORK – COUNTY WIDE

Contractor Pre-Qualification Required

VENDOR NAME

“NO BID” REASON FOR NOT SUBMITTING BID

To qualify as a respondent, bidder shall submit only this bidder acknowledgement form and it shall be received no later than the stated bid opening date and hour.

VENDOR MAILING ADDRESS

AUTHORIZED SIGNATURE (MANUAL)

AUTHORIZED SIGNATURE (TYPED or PRINTED)

TITLE

CITY-STATE-ZIP

TELEPHONE NUMBER: ( )

FAX NUMBER: ( )

EMAIL ADDRESS:

I hereby certify that I am submitting the following information as my firm's (Bidder) bid and am authorized by Vendor/Contractor/Bidder to do so. Bidder agrees to complete and unconditional acceptance of the contents of all pages in this Invitation To Bid (ITB), and all appendices and the contents of any Addenda released hereto; Bidder agrees to be bound to any and all specifications, terms, conditions contained in ITB, and any released Addenda and understand that the following are requirements of ITB and failure to comply shall result in disqualification of bid submitted; Bidder certifies this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity or person submitting an offer for the same materials, supplies, equipment, or services(s), and is in all respects fair and without collusion or fraud. Bidder acknowledges that all information contained herein is part of the public record as defined by State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this bid are true and accurate.

SEALED BIDS: All Bid sheets, requested documents, and this acknowledgement form shall be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE.) The face of the envelope shall contain, in addition to the above address, the bid number, date and time of the bid opening and the company name. All Bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to Bid being considered Non-Responsive.

SIGNATURE REQUIRED CHECKLIST:

X INVITATION TO BID ACKNOWLEDGEMENT FORM (Page 1) X SPECIAL CONDITIONS (Page 11) X BID TENDER FORM (Page 17) X EDGAR CERTIFICATION (Page 20) X CERTIFICATION REGARDING DEBARMENT, SUSPENSION… (Page 21) X DRUG-FREE WORKPLACE CERTIFICATION (Page 22)

X NON-COLLUSION AFFIDAVIT (PAGE 23)

X DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST (Page 24) X STATE OF FLORIDA DOCUMENTS (Page 25) X BIDDER’S STATEMENT PRINCIPAL PLACE BUSINESS (Page 26) X BIDDER EXPERIENCE AND REFERENCES (Page 27) X CERTIFICATE OF COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (Page 28)

All Bid Document Pages Shall Be Returned With Bid

SUBMITTAL REQUIRED CHECKLIST:

Documents submitted with Bid or within 24 hours upon request.

X Insurance certificate(s)

SCHOOL BOARD OF CLAY COUNTY BID #26-F-255 PAGE 2 OF 29 PAGES

GENERAL CONDITIONS

SEALED BID REQUIREMENTS: Unless otherwise specified, bidders shall use the form(s) furnished by the Purchasing Department, of the School Board of Clay County, Florida (“SBCC” “School Board” "District") and enter information only in the spaces where a response is requested. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, may constitute grounds for rejection of a bid. Bidders may use an attachment as an addendum to the bid if sufficient space is not available on the original form for the bidder to enter a complete response. For purpose of evaluation, the bidder shall indicate any and all variances from specifications, terms, and/or conditions regardless of how slight. If variations are not stated in the bid, it shall be assumed that the product or service fully complies with the specifications, terms, and conditions herein.

BIDDER’S RESPONSIBILITY: It is the responsibility of the Bidder to be certain that all numbered pages of the bid and all attachments thereto are received and all Addendum released are received prior to submitting a bid without regard to how a copy of this ITB was obtained. All bids are subject to the conditions specified herein, on the attached bid documents, and on any Addenda issued thereto.

BID SUBMITTED: Completed bid shall be submitted in a sealed envelope with bid number and name clearly typed or written on the front of the envelope. Bids shall be time stamped in SBCC Purchasing Department on or before Due Date and Time listed on Acknowledgement Form. The address for bid submittal, including hand delivery and overnight courier delivery, is indicated as: 800 Center Street, Green Cove Springs, Florida 32043. Bids submitted by telegraphic, email, or facsimile transmission shall not be accepted. The Bidder is fully and completely responsible for the payment of all delivery costs associated with the delivery of their bid or related material. Procurement and Warehousing Services shall not accept delivery of any bid or related material requiring SBCC to pay for any portion of the delivery cost or the complete delivery cost.

EXECUTION OF BID: Bid shall contain a manual signature of an authorized representative, officer or employee having authority to legally bind the company or firm on the Bid Acknowledgement Form. All bids shall be completed in ink or typewritten. Use of erasable ink is not permitted. If a price correction is necessary, draw a single line through the entered figure and enter the corrected figure or use an opaque correction fluid. All price corrections must be initialed by the person signing the bid even when using opaque correction fluid. SBCC reserves the right to reject any bid or bid item completed in pencil or any bid that contains illegible entries or price corrections not initialed.

PRICES QUOTED: Deduct discounts and quote firm net prices. Give both unit price and extended total. Prices must be stated in units to quantity specified in the bidding specification.

In case of discrepancy in computing the amount of the bid, the Unit Price quoted shall govern.

Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. All prices quoted shall be F.O.B. destination and freight prepaid (Bidder pays and bears freight charges). Awardee owns goods in transit and files any claims.

Bidder is requested to offer a cash discount for prompt invoice payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Discount time shall be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the SBCC Accounts Payable Department, whichever is later. Cash or quantity discounts offered shall not be a consideration in determination of award of bid(s).

TAXES: SBCC does not pay Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase Order.

MISTAKES: Bidders are expected to examine specifications, delivery schedules, bid prices and extensions, and all instructions pertaining to bid. Failure to do so shall be at Bidder’s risk.

CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid) unless otherwise specified. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packaging.

SUBSTITUTIONS: SBCC SHALL NOT accept substitute shipments of any kind. Awardees are expected to furnish the brand quoted in their bid once awarded by SBCC. Any substitute shipments shall be returned at the Awardee's expense.

MANUFACTURER’S NAMES AND APPROVED EQUIVALENTS: Any manufacturer’s names, trade names, brand names, information, and/or catalog numbers listed in a specification are for information and not intended to limit competition. The bidder may offer any brand for which they are an authorized representative, which meets or exceeds the specification for any item(s). If bids are based on equivalent products, indicate the manufacturer’s name and product number on bid form. Bidder shall submit descriptive literature and/or complete specifications with their bid. The bidder shall also explain in detail the reason(s) why the proposed equivalent meets the specifications and should not be considered an exception thereto. The SBCC reserves the right to determine acceptance of item(s) as an approved equivalent. Bids that do not comply with these requirements are subject to rejection. Bids lacking any written indication of intent to bid an alternate brand shall be received and considered in complete compliance with the specifications as listed on the bid form. The Purchasing Department shall be notified of any proposed changes in (a) materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the SBCC unless evidenced by a Change Notice issued and signed by authorized SBCC representative.

SAMPLES: Samples of items, when required, must be furnished free of expense within five

(5) working days of request unless otherwise stated and, if not destroyed, will, upon request, be returned at the Bidder's expense. Bidders shall be responsible for the removal of all samples furnished within 30 days after bid opening or samples shall be disposed of. Each individual sample must be labeled with Bidder's name, bid number and item number. Failure of Bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid item. Unless otherwise indicated, samples shall be delivered to SBCC Purchasing Department, 800 Center Street, Green Cove Springs, FL 32043.

DELIVERY: All deliveries shall be F.O.B. indicated destination; freight fully prepaid. Title to the goods shall pass to SBCC upon receipt and acceptance at the destination unless indicated otherwise herein. Until acceptance, the vendor retains the sole insurable interest in the goods.

SBCC shall not accept collect freight charges. Time of delivery is an important consideration for the SBCC in making the award. The SBCC reserves the right to cancel any order, or any part thereof, without obligation if delivery is not made within the time specified. Any delivery made after cancellation of the order shall be returned at the vendor’s expense. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding state holidays and days during which SBCC administration is closed.

AWARDS: In the best interest of the SBCC, the SBCC reserves the right to: 1) withdraw this ITB at any time prior to the time and date specified for the bid opening; 2) make award(s) by individual item, group of items, all or none or a combination thereof with one or more suppliers;

3) award to other than the low Bidder; 4) award in the best interest of the SBCC; 5) acquire additional quantities at prices quoted on this ITB unless additional quantities are not acceptable, in which case, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY."; 6) reject any and all bids or waive any minor irregularity or technicality in bids received;

and 7) when it is determined there is no competition to the lowest responsible bidder, evaluation of other bids are not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. Upon award of this bid, the successful bidder shall be notified of the award configuration in writing by the Purchasing Department. The bidder who is awarded this contract resulting from this ITB is cautioned not to provide goods and services to any SBCC site or to any SBCC employee prior to receiving a purchase order issued by the SBCC Purchasing Department. Notification of award is not to be construed as authorization to provide goods or services. The SBCC is not obligated to pay invoices for the provision of goods or services for which the SBCC Purchasing Department has not issued a purchase order, or invoices resulting from purchase order changes not authorized by the SBCC. All awards made as a result of this bid shall conform to applicable Florida Statutes and shall be governed by the laws of the State of Florida, and must have venue established in the state court located in Clay County, Florida.

BID OPENING: All bids shall be received no later than the date and time specified on the document. All bids received after that time shall not be considered. It is the bidder’s responsibility to assure that their bid is delivered at the proper time and place of the bid opening. Bids, which for any reason are not so delivered, shall not be considered. The public opening shall acknowledge receipt of the bids only, details concerning pricing or the offering may or may not be announced. All bids submitted shall become public record in accordance with F.S. 119.071. Bid files may be examined during normal working hours by appointment.

PROPRIETARY INFORMATION: Pursuant to Chapter 119, Florida Statutes, bids received as a result of this ITB shall not become public record until thirty (30) days after the date of opening or until posting of the recommendation for award, whichever occurs first. Thereafter, all bid documents or other materials submitted by all Bidders in response to this ITB shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes. To the extent a Bidder asserts any portion of their bid is confidential and exempt, bidder shall identify, in writing, the Florida Statutes establishing the confidentiality or exemption. Failure to identify the portions of the bid claimed to be exempt or the specific statutory authority establishing the exemption shall be deemed a waiver by the Bidder that any unidentified portion of the bid is confidential or exempt from disclosure under Chapter 119, Florida Statutes.

PUBLIC RECORDS REQUEST: IF CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF F.S CHAPTER 119 TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT 900 WALNUT STREET, GREEN COVE SPRINGS, FLORIDA 32043,

OR AT 904-336-6504, OR AT: PRR@myoneclay.net INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance shall be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the Awardee until acceptance by the buyer unless loss or damage resulted from negligence by the buyer. If the materials or services supplied to SBCC are found to be defective or not conform to specifications, SBCC reserves the right to cancel the order upon written notice to the seller and return product at Awardee's expense.

PAYMENT AND INVOICING: Contractor shall be paid in accordance with the Florida Local Government Prompt Payment Act, Florida Statutes Chapter 218, upon submission of invoices to the SBCC at the prices stipulated on the contract at the time the order is placed, less deductions if any, after delivery and acceptance of goods and services. An original invoice referencing a SBCC purchase order number shall be submitted for payment to SBCC Accounts Payable Department, 814 Walnut Street, Green Cove Springs, FL 32043. Failure to follow these instructions may result in delay in processing invoices for payment.

https://www.oneclay.net/page/public-records-request mailto:PRR@myoneclay.net

SCHOOL BOARD OF CLAY COUNTY BID #26-F-255 PAGE 3 OF 29 PAGES

INSURANCE / LICENSES / PERMITS: Bidder, by virtue of submitting a bid, shall be in full compliance with LIABILITY INSURANCE, LICENSES AND PERMITS as specified herein.

Bidder shall take special notice that SBCC shall be listed as Certificate Holder (with a 30-day Notice of Cancellation or Change in Coverage) and listed as additional insured including but not limited to the General Liability policy including Products Liability.

The insurance policies shall be issued by companies qualified to do business in the State of Florida. The insurance companies must be rated as applicable to be at least A- with FSC VI or B+ with FSC V or better in the current AM Best Guide. All policies must remain in effect during the performance of the contract.

Where Awardees are required to enter or go onto SBCC property to deliver materials or perform work or services as a result of a bid award, the Awardee agrees to The Hold Harmless Agreement stated herein and shall assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurance. The Awardee shall be liable for any damages or loss to SBCC occasioned by negligence of the Awardee (or agent) or any person the Awardee has designated in the completion of the Contract as a result of their bid.

BID BONDS / PERFORMANCE BONDS: Bid bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. Bid bonds shall be returned to non- Awardees. After acceptance of bid, SBCC shall notify the Awardee to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond shall be returned to the Awardee.

LICENSES, CERTIFICATIONS AND REGISTRATIONS: As of the Bid Opening Date, Bidder must have all Licenses, Certifications and Registrations required when performing the services as described herein, in order for Bid to be considered a responsive and responsible Bid.

Licenses, Certifications and Registrations required for this Bid shall be as required by Chapter 489, Florida Statutes, as currently enacted or as amended from time to time; by the State Requirements for Educational Facilities (SREF), latest version; and by SBCC. Bidder must submit a copy of all its current Licenses, Certifications and Registrations required as described herein, either with its Bid or within 24 hours upon request by SBCC.

An Awardee who has any License, Certification or Registration either suspended, revoked or expired after the date of the Bid Opening, shall provide notice to the Supervisor of Purchasing within five working days of such suspension, revocation or expiration. However, such suspension, revocation or expiration after the date of the Bid Opening shall not relieve the Awardee of its responsibilities under this ITB.

PATENTS & ROYALTIES: The Awardee, without exception, shall indemnify and save harmless SBCC and its employees from liability of any nature or kind, including cost and expenses for any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by SBCC. If the Awardee uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work.

SAFETY STANDARDS / OSHA / MSDS: The Awardee warrants that the product supplied to SBCC shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA), as amended, and the failure to comply with this condition shall be considered a breach of contract. The bidder further certifies that if they are the successful bidder and delivered product is subsequently found to be deficient pursuant to any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with aforementioned requirements shall be borne solely by the bidder. The Manufacturer, Importer, or Distributor of a toxic substance shall provide all Material Safety Data Sheets (MSDS) with their bid. (See Florida’s Right-To-Know Law, Chapter 442, Florida Statutes.)

ASBESTOS / FORMALDEHYDE / LEAD-FREE: All building materials, pressed boards, and furniture supplied to SBCC shall be 100% asbestos free and 100% formaldehyde free.

Bidder, by virtue of bidding, certifies by signing bid that, if awarded this bid, only building materials, pressed boards, and/or furniture that is 100% asbestos free shall be supplied. All material supplied to SBCC must be 100% lead free. Bidder, by virtue of signing bid, certifies that only materials or equipment that is 100% lead free shall be supplied to SBCC.

CONTRACT WORK HOURS & SAFETY STANDARDS ACT: (34 CFR 80.36(i)(6)): All vendors, contractors and subcontractors shall comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Applies to all construction contracts awarded by the District and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.

TOXIC SUBSTANCES IN CONSTRUCTION, REPAIR OR MAINTENANCE OF

EDUCATIONAL FACILITIES: (Florida Statute 1013-49: (1) All toxic substances enumerated in the Florida Substance List that are to be used in the construction, repair or maintenance of educational facilities have restricted usage provisions. (2) Before any such substance may be used the contractor shall notify the SBCC Superintendent or the SBCC Project Manager/Supervisor in writing at least three (3) working days prior to using the substance. The notification shall contain: (a) The name of the substance to be used; (b) Where the substance is to be used: and (c) When the substance is to be used. A copy of a Material Safety Data Sheet (MSDS) shall be attached to the notification for each such substance.

GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Awardee to notify the Purchasing Department in writing at once indicating in their submittal the specific regulation that required an alteration. The SBCC reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the SBCC.

FACILITIES: Pre-award inspection of contractor’s facilities may be made prior to award of the contract. SBCC reserves the right to inspect the Awardee's facilities at any time with prior notice. Bids shall be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid, have a record of performance for a reasonable period of time; have sufficient financial support equipment and organization to ensure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with best business practices in the industry and as determined in discretion by the proper authorities of the SBCC. SBCC may use the information obtained from this in determining whether Bidder is a responsible Bidder.

SPECIAL CONDITIONS: The Superintendent or Designee has the authority to issue Special Conditions and Specifications as required for individual bids. Any and all Special Conditions that may vary from General Conditions shall have precedence.

DISPUTES: in the event of a conflict between the documents, the order of priority of shall be as follows:

Addenda released for this ITB, with the latest Addendum taking precedence, then;

The ITB; then Bidder’s submitted bid.

In case of any other doubt or difference of opinion, the decision of SBCC shall be final and binding on both parties.

EXPENDITURE: No guarantee is given or implied as to any sums payable or the quantity or scope of any award under this ITB. SBCC is not obligated to place any order for goods/services as a result of this award. Order placement shall be based upon the needs and best interest of

SBCC.

EXTENSION: In addition to any extension options contained herein, SBCC is granted the right to extend any award resulting from this bid for the period of time necessary for SBCC to release, award and implement a replacement bid for the goods, products and/or services provided through this bid. Such extension shall be upon the same prices, terms and conditions as existing at the time of SBCC’s exercise of this extension right. The period of any extension under this provision shall not be for a period in excess of six months from (a) the termination date of a contract entered into as a result of this bid or (b) the termination date under any applicable period of extension under a contract entered into as a result of this bid.

ASSIGNMENT: Neither any award of this bid nor any interest in any award of this bid may be assigned, transferred or encumbered by any party without the prior written consent from SBCC. There shall be no partial assignments of this ITB including, without limitation, the partial assignment of any right to receive payments from SBCC. The successful vendors shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all rights, title or interest herein, or their power to execute such contract to any person, company, or corporation without prior written consent of SBCC. The successful vendors have the sole and exclusive responsibility for furnishing services in accordance with this contract. The successful vendor obligations cannot be delegated.

PURCHASE AGREEMENT: This bid and the corresponding Purchase Orders shall constitute the complete agreement. SBCC shall not accept proposed terms and conditions that are different than those contained in this Invitation to Bid, including pre-printed text contained on catalogs, price lists, other descriptive information submitted or any other materials. By virtue of submitting a bid, Awardee agrees to not submit to any SBCC employee, for signature, any document that contains terms and conditions that are different than those contained herein and that in the event any document containing any term or condition that differs from those contained herein is executed, said document shall not be binding on SBCC.

FISCAL NON-APPROPRIATIONS CLAUSE: In the event sufficient budgeted funds are not available for a new fiscal period, the purchasing department shall notify the vendor of such an occurrence and the bid and any resulting contract shall terminate on the last day of the current fiscal period without penalty or expense to the SBCC.

TIED BID: In the event of tied or identical bids, preference shall be given to the bid which certifies that a drug-free workplace has been implemented in accordance with Section 287.087 F.S. If all tied bids have a drug-free workplace program certification, then preference shall be given to the bidder whose business is physically located in Clay County, Florida. If neither vendor is located in Clay County, Florida then preference shall be given to the bidder whose business is physically located in the State of Florida. If more than one tied bidder is located in Clay County, Florida or if no tied bidder or more than one tied bidder is located in the State of Florida, the award of the tied bid shall be decided by the flip of a coin in the presence of witnesses. The coin flip shall be administered by the Supervisor of Purchasing who shall designate the calling of heads or tails.

SCHOOL BOARD OF CLAY COUNTY BID #26-F-255 PAGE 4 OF 29 PAGES

LOBBY: Bidders are hereby advised that they shall not lobby with any School District personnel or SBCC Members regarding this bid. All oral or written inquiries shall be directed through the Purchasing Department. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board Member or School District Personnel on the award of this contract. Any bidder or any individuals that lobby on behalf of a bidder shall result in the rejection/disqualification of said bid.

ETHICS: All bidders shall comply with the requirements of law regarding ethics as set forth in Chapter 112, Florida Statutes, and rules promulgated by the Florida Commission of Ethics.

COMPLIANCE WITH FEDERAL REGULATIONS: All contracts involving Federal funds will contain certain provisions required by applicable sections of Title 34, Section 80.36(I) and 85.510, Code of Federal Regulations and are included by reference herein.

PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: Pursuant to Florida Statute 287.135, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 or is engaged in a boycott of Israel; or for $1 million or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to

215.473 or is engaged in business operations in Cuba or Syria.

The company/vendor certifies by submission and signature of this bid that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel list, engaged in a boycott of Israel, or that it is not engaged in business operations in Cuba or Syria.

Any contract for goods or services of any amount may be terminated at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. A contract for goods and services of $1 million or more may be terminated at the option of the awarding body if the company is found to have submitted false certification, has been placed on any of the other lists in this section or has been engaged in business operations in Cuba or Syria.

PROHIBIT ACQUISITION OF UNNECESSARY OR DUPLICATIVE ITEMS. (2CFR 200.318

(d)/7 CFR 3016.36(b): Grantee and subgrantee procedures shall provide for review of proposed procurement to avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis shall be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach.

SERVICE AND WARRANTY: Unless otherwise specified, the bidder shall define any warranty service and replacements that shall be provided during and subsequent to this contract.

Bidders shall explain in detail to what extent warranty and service facilities are provided. All materials and/or services furnished under this bid shall be warranted by the vendor/distributor /manufacturer to be free from defects and fit for the intended use. Unless otherwise requested, the items bid shall be new and equal to or exceed specifications. The manufacturer’s standard guarantee or warranty shall apply. During the guarantee or warranty period, the successful bidder shall repair and/or replace any defects without cost to SBCC with the understanding that all replacements shall carry the same guarantee or warranty as the original equipment and shall make any such repairs and/or replacements immediately upon notice from SBCC.

GOVERNING LAW: This ITB, any award(s) resulting from this ITB, and all transaction from this ITB shall be interpreted and construed in accordance with the laws of the State of Florida.

Any protests arising from this ITB shall be subject to Section 120.57(3), Florida Statutes. Any disputes or controversies arising out of a contract award under this ITB shall be submitted to the jurisdiction of the state courts located in Clay County, Florida without regards to principles of conflicts of law.

PURCHASES BY OTHER GOVERNMENTAL AGENCIES (D.O.E. Regulation #6A1.012(5):

With the consent and agreement of successful bidder(s), purchases may be made under this bid by other governmental agencies within the State of Florida. Such purchases shall be governed by same terms and conditions as stated herein with exception of venue of litigation of disputes which may be changed to include only the state courts in the county in which the governmental agency is located.

USE OF OTHER CONTRACTS: SBCC reserves the right to utilize any other SBCC contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, other schools, other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per SBCC and/or Rule 6A-1.012, Florida Administration Code as currently enacted or as amended from time to time, in lieu of any offer received or award made as a result of this bid if it is in its best interest to do so.

PURCHASING AGREEMENTS AND STATE TERM CONTRACTS: The purchasing agreements and state term contract available under s. 287.056 have been reviewed.

CONE OF SILENCE: Any Bidder, or lobbyist for a Bidder, is prohibited from having any communications (except as provided in this rule) concerning any solicitation for a competitive procurement with any School Board member, the Superintendent, any Evaluation Committee Member, or any other School District employee after SBCC Purchasing Department releases a solicitation to the General Public. All communications regarding this solicitation shall be directed to the designated SBCC representative. This “Cone of Silence” period shall go into effect and shall remain in effect from the time of release of the solicitation until the contract is awarded by SBCC. Further, any Awardee, its principals, or their lobbyists shall not offer campaign contributions to School Board Members or offer contributions to School Board Members for campaigns of other candidates for political office during the period in which the Awardee is attempting to sell goods or services to SBCC This period of limitation of offering campaign contributions shall commence at the time of the “cone of silence” period for any solicitation for a competitive procurement as described by SBCC. Any Bidder or lobbyist who violates this provision shall cause their Bid (or that of their principal) to be considered non-responsive and therefore be ineligible for award.

NONCONFORMANCE TO CONTRACT CONDITIONS: Items offered may be tested for compliance with bid conditions and specifications at any time. Items delivered, not conforming to bid conditions or specifications, may be rejected and returned at Awardee's expense. Goods or services not delivered as per delivery date in bid and/or Purchase Order may be rejected upon delivery and/or may be purchased on the open market. Any increase in cost may be charged against the Awardee. Any violation of these stipulations may also result in:

a) For a period of two years, any bid submitted by Awardee shall not be considered and shall not be recommended for award.

b) All departments being advised not to do business with Awardee.

SEVERABILITY: In case any one or more of the provisions contained in this Bid are for any reason held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability, unlawful or void nature of that provision shall not affect any other provision and this Bid shall continue in full force and effect.

JESSICA LUNSFORD ACT: In accordance with the Jessica Lunsford Act the bidder and all their employees, as required by law, shall undergo and pass a Level II fingerprinting and background check as required by F.S. 1012.465,467 or 468 and possess a SBCC fingerprinting clearance card prior to entry upon SBCC property. All costs associated with obtaining fingerprinting and background check shall be at no expense to the SBCC. To obtain information on when and how to obtain fingerprinting go to the SBCC web site at www.oneclay.net/o/ccds/page/purchasing click on “Fingerprinting” or contact the Human Resources Division at (904) 336-6716.

E-VERIFY: The Contractor named herein, and its subcontractors, are required to register with and use the U.S. Department of Homeland Security’s (DHS) E-Verify system to verify the work authorization status of all newly hired employees. By executing this Contract, the Contractor certifies that it, and any sub-contractors with which it contracts, are registered with, and use, the E-Verify system for all newly hired employees, and acknowledges that it must obtain an affidavit from its subcontractors in accordance with section 895.095(2)(b) Florida Statute, that the subcontractor does not employ, contract with or subcontract with any unauthorized alien.

The Contractor must maintain a copy of such affidavit for the duration of the Contract. This section serves as notice to the Contractor that, pursuant to the terms of section 448.095(2)(c)1 and 2, Florida Statutes, the School Board shall terminate this Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), Florida Statute. If the School Board has a good faith belief that the subcontractor, without the knowledge of the Contractor, has knowingly violated section 448.09(1) or 448.095(2), Florida Statute, SBCC shall notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor.

If the School Board terminates a contract with a Contractor pursuant to sec. 448.095(2)(c), Florida Statute, the Contractor will not be awarded a public contract for at least one year after the date of such termination.

BIDDER’S EMPLOYEE RESPONSIBILTY: All employees and/or sub-contractors of the Contractor shall at all times be considered to be the sole employees and responsibility of Contractor, under their sole direction, and not an employee or agent of SBCC. The contractor shall supply competent employees/sub-contractors. The SBCC may require the Contractor to remove an employee/sub-contractor it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on SBCC property is not in the best interest of the SBCC. Contractors and all their employees and/or sub-contractors shall be in accordance with Jessica Lunsford Act and E-Verify. Each employee/sub-contractor of Contractor shall have and wear proper identification while on SBCC property and are required to sign in/out at main office or other designated place upon arrival and when leaving job site, if applicable.

Workman using foul/abusive language or presenting an offensive appearance as determined by SBCC Representative(s) shall be asked to leave. Radios/other audio items are not to be used and smoking is prohibited on SBCC property.

DISCRIMINATION: Pursuant to Florida Statute 287.134, an entity or affiliate who has been placed on the Discriminatory Vendor List may NOT: a) submit a bid on a contract to provide goods or services to a public entity, b) submit a bid on a contract with a public entity for the construction or repair of a public building or public work, c) submit bids on leases of real property to a public entity, d) award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and e) transact business with any public entity.

ANTI-DISCRIMINATION: The Bidder certifies that Bidder is in compliance with the requirements of law regarding equal employment opportunity for all persons without regard to http://www.oneclay.net/o/ccds/page/purchasing

SCHOOL BOARD OF CLAY COUNTY BID #26-F-255 PAGE 5 OF 29 PAGES

age, race, color, religion, sex, national origin, or disability and is not on the Discriminatory Vendor List pursuant to Florida Statute 287.134.

PROTESTING: Any actual or prospective bidder who disputes the reasonableness, or competitiveness of the terms and conditions/specifications of the invitation to bid or contract award recommendation, shall file a written Notice of Protest with the Superintendent of Schools within 72 hours of the posting of bid solicitation or posting of the bid tabulation with recommendation and shall file a formal written protest within ten working days following the filing of Notice of Protest. Any person who files an action protesting this bid pursuant to Florida Statute 120.57(3)(b), shall post with the Purchasing department at the time of filing the formal written protest, a bond payable to the School Board of Clay County in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $5000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be considered acceptable form(s) of security. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the District all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. Failure to observe such timeliness shall constitute a waiver of proceedings and of right to protest as set forth in Chapter 120, Florida Statutes. Bid Tabulation/Recommendation of Award shall be posted on the SBCC Purchasing Department Webpage in folder called Open Bids and RFP's Purchasing, online via DemandStar, and a hard copy posted in the SBCC Purchasing Department at 800 Center Street, Green Cove Springs, Florida after the intended recommendation is announced on or about November 13, 2026. This tabulation shall remain posted for a minimum period of 96 hours. Section 3 b, Chapter 120.57, Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based.”

CONFIDENTIAL RECORDS: Notwithstanding any provision to the contrary within this Contract, any party contracting with SBCC under this Contract shall fully comply with the requirements of Sections 1002.22 and 1002.221, Florida Statutes; Family Educational Rights and Privacy Act (FERPA), and any other state or federal law or regulation regarding the confidentiality of student information and records. Each such party agrees, for itself, its officers, employees, agents, representatives, contractors or subcontractors, to fully indemnify and hold harmless SBCC and its officers and employees for any violation of this section, including, without limitation, defending SBCC and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon SBCC, or payment of any and all costs, damages, judgments or losses incurred by or imposed upon SBCC arising out of a breach of this covenant by the party, or an officer, employee, agent, representative, contractor, or sub-contractor of the party to the extent that the party or an officer, employee, agent, representative, contractor, or sub-contractor of the party shall either intentionally or negligently violate the provisions of this section or of Sections 1002.22 and/or 1002.221, Florida Statutes. Awardee agrees that it may create, receive from or on behalf of SBCC, or have access to, records or record systems that are subject to FERPA and/or HIPAA (collectively, the "Confidential Records"). Awardee represents, warrants, and agrees that it shall: (1) hold the Confidential Records in strict confidence and shall not use or disclose the Confidential Records except as (a) permitted or required by this Agreement, (b) required by law, or (c) otherwise authorized by the SBCC in writing; (2) safeguard the Confidential Records according to commercially reasonable administrative, physical and technical standards as required by law; and (3) continually monitor its operations and take any and all action necessary to assure that the Confidential Records are safeguarded in accordance with the terms of this Agreement. At the request of the SBCC, Awardee agrees to provide SBCC with a written summary of the procedures Awardee uses to safeguard the Confidential Records. A breach of these confidentiality requirements shall constitute grounds for the SBCC to terminate any Agreement with Awardee.

PUBLIC ENTITY CRIMES: Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may NOT: a) submit a bid on a contract to provide any goods or services to a public entity, b) submit a bid on a contract with a public entity for the construction or repair of a public building or public work, c) submit bids on leases of real property to a public entity, d) be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and

e) transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the Convicted Vendor List.

COLLECTION, USE OR RELEASE OF SOCIAL SECURITY NUMBERS: The SBCC is authorized to collect, use or release social security numbers (SSN) of vendors, contractors and their employees for the following purposes, which are noted as either required or authorized by law to be collected. The collection of social security numbers is either specifically authorized by law or imperative for the performance of the District’s duties and responsibilities as prescribed by law (Section 119.07, Florida Statutes):

a) Criminal history and criminal background checks/Identifiers for processing fingerprints by Department of Law Enforcement/, if SSN is available [Required by Florida Administrative Code 11 C-6.003 and Florida Statute Section 119.07]

b) Vendors/Consultants that District reasonably believes would receive a 1099 form if a tax identification number is not provided including for IRS form W-9 [Required by 26 C.F.R. § 31.3406-0, 26 C.F.R. § 301.61091, and Florida Statute Section 119.07] FORCE MAJEURE: Neither party to this Agreement shall be liable for delays or failures in performance under this Agreement (other than obligations relating to payment, confidentiality, and protection of ownership and intellectual property rights) resulting from acts or events beyond the reasonable control of such party (a “Force Majeure Event”), including acts of war, terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor dispute, widespread outbreak of disease or pandemic, governmental act, failure of the internet, power failure, or energy, utility, or telecommunications interruptions, provided that the delayed party: (i) gives the other party prompt notice of such cause; and (ii) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. In the event that a Force Majeure Event lasts for more than 90 days, and the party experiencing the initial delay cannot correct its failure or delay in performance during that period of time, despite using its reasonable commercial efforts to do so, the other party may terminate the affected portions of this Agreement.

CANCELLATION / TERMINATION: In the event, the awarded bidder violates any of the provisions of this bid or fails to perform their obligation under this contract in a manner satisfactory to the SBCC as per specifications, the Supervisor of Purchasing shall give written notice to the vendor setting forth the deficiencies and unless the deficiencies are corrected within ten (10) days, recommendation shall be made to the SBCC for immediate cancellation of the contract.