19-0105-P-RP_Speech_Language_Therapy_Services.pdf

Procurement Services 29529 CR 561 Tavares FL 32778, (352) 253-6760 Fax: (352) 253-6761 http://lake.k12.fl.us

RFP #19-0105-P-RP Speech Language Therapy Services Page 1 of 20

REQUEST FOR PROPOSAL (RFP)

19-0105-P-RP – Speech Language Therapy Services

Question Deadline: February 24, 2020 @ 2:00PM EST Due Date/Time: March 5, 2020 @2:00 PM EST

Direct all inquiries in writing to: Procurement Representative—Regina Peeples, peeplesr@lake.k12.fl.us

Public notice is hereby given that the Lake County Schools has issued a Request for Proposals for the above-named contract, with responses due no later than the date and time given above.

Lake County Schools is seeking Proposals from firms to provide Speech Language Therapy Services for various sites throughout the district.

The existing Speech Language Therapy Services contract is set to expire August 7, 2020. All services performed under this contract shall follow the Board approved student school calendar each year and must be assigned and approved by an ESE Administrator. The tasks associated with this contract are typically performed on a regular and as-needed basis.

The pre-proposal meeting is scheduled February 19, 2020 at 11:00 AM and will be held at ESE Department, Conference Room Portable #99 located at 201 West Burleigh Boulevard, Tavares, FL 32778.

Proposers are encouraged to attend the pre-proposal meeting.

The Request for Proposal and all submittal requirements are available on-line at MyVendorLink.com www.myvendorlink.com.

Thank you for your interest in doing business with Lake County Schools.

http://lake.k12.fl.us/ mailto:piersonc@lake.k12.fl.us http://www.myvendorlink.com/

RFP #19-0105-P-RP Speech Language Therapy Services

PURPOSE & BACKGROUND:

Lake County School Board desires is to establish a contract with a CONTRACTOR to provide Speech Language Therapy Services on a regular and as-needed basis.

LCS ORGANIZATION: Lake County Schools is the 19th largest public school district in the state of Florida, serving approximately 42,000 students across 51 learning sites (including Lake Virtual School and Lake Technical College) and with more than 5,000 employees, which makes it the county’s largest employer.

LCS Mission: The mission of Lake County Schools is to provide every student with individual opportunities to excel.

LCS Vision: A dynamic, progressive, and collaborative learning community embracing change and diversity where every student will graduate with the skills needed to succeed in post-secondary education and the work place.

Questions concerning any portion of this solicitation shall be directed in writing online via www.myvendorlink.com to the below named individual who shall be the official point of contact for this solicitation.

Name: Regina Peeples E-mail: peeplesr@lake.k12.fl.us Fax: 352-253-6761 Address: 29529 CR 561 Tavares, FL 32778

No-Contact: All prospective proposers are hereby cautioned not to contact any Board member or employee of the School Board of Lake County nor attempt to persuade or promote through other channels. All requests for additional information must be submitted in accordance with instructions contained in this Request for Proposal. Failure to comply with these procedures may be cause for disqualification of firm’s submittal.

SECTION 1 -- INSTRUCTIONS TO VENDORS

1. Proposal Due Date: All proposals must be received no later than 2:00 PM EST, on March 5, 2020.

Respondent will be responsible for its timely submission of their submittal.

All proposals must be signed by an officer or employee having authority to legally bind Respondent. Any corrections of unit prices must be initialed.

2. IMPORTANT NOTICE TO BIDDERS: The Procurement Services Department of Lake County

Schools has partnered with Vendor Link www.myvendorlink.com for the posting, notification, and processing of their bid opportunities. There is NO COST to Respondents to use this service for Lake County Schools bid opportunities.

Bidders who obtain Solicitation Packages from sources other than the Lake County School Board or from www.vendorlink.com shall be required to register with Vendor Link. Please follow the link www.myvendorlink.com to register with Vendor Link for Lake County Schools.

This will place the Bidder on the notification list for any forthcoming addendum or other official communications. Failure to register as a prospective Bidder and/or accept receipt of each document may cause your Submittal Package to be rejected as non-responsive if you have submitted a Submittal Package without Lake County School Board issued forms and/or acknowledgment of issued addenda and/or meet the Solicitation Package requirements as provided by the Lake County School Board.

Proposals not conforming to the instructions provided herein may be subject to disqualification at the sole option of the district.

Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of 90 days, to provide the district with the services specified in the proposal.

Submittals/Responses shall be accepted only through www.myvendorlink.com .

3. ON LINE RESPONSES – shall be accepted until 2:00 PM, local time, on March 5, 2020 at www.myvendorlink.com .

Recommended awards will be posted for review by interested parties on www.myvendorlink.com and will remain posted for a period of 72 hours. Since this information is available as outlined above, the Purchasing department will not mail or fax recommendation of award notices to all bidders. All award information will be posted on www.myvendorlink.com. Failure to file a protest within the time prescribes in Section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida statutes.

http://www.vendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/

4. SCHEDULE OF EVENTS:

5. PRE-SUBMITTAL CONFERENCE

A pre-submittal conference is intended to be scheduled as noted above. The meeting will be held at ESE Department, Conference Room Portable #99 located at 201 West Burleigh Boulevard, Tavares, FL 32778.

The pre-submittal conference will allow for Respondents to gain clarification regarding the solicitation.

6. REQUEST FOR INFORMATION

All questions must be submitted by information cut-off date listed above, questions received after said date will not be considered. Inquiries must be made through www.myvendorlink.com. Those interpretations which may affect the eventual outcome of this proposal will be posted on the on www.myvendorlink.com for all prospective Respondents to view. Only the interpretation or correction so given by the Procurement Services representative, in writing, shall be binding and prospective Respondents are advised that no other source is authorized to give information concerning, or to explain or interpret the RFP and the selection process. All such interpretations and supplemental instructions will be in the form of written Addenda to the RFP.

Selection committee members, school board members, and school board personnel (except the Procurement Services representative) are not to be contacted prior to the School Board’s decision to approve or reject the final recommendation presented by the Superintendent. At the discretion of LCS, failure to comply with this requirement will be grounds for disqualification.

Specifically, this NO-CONTACT PERIOD shall commence on the initial date of release of the Request for Proposals and continue through and include the date the Lake County School Board makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify a Respondent from consideration.

By submission of a proposal, Respondent understands that award of the solicitation by Lake County Schools, and any subsequent purchase orders and agreements, shall constitute a binding and enforceable contract. Unless otherwise stipulated in the solicitation documents, no other contract documents shall be issued.

7. RFP RESPONSE REQUIREMENTS/FORMS: When submitting a proposal through www.myvendorlink.com , an attachment package of required forms shall be included with your submittal.

Pre-Submittal Conference February 19, 2020 @ 11:00AM

Deadline for Questions February 24, 2020 @ 2:00PM

Last date for addendums February 27, 2020 @ 2:00PM

Proposals Due March 5, 2020 @ 2:00 PM

Evaluation (Shortlist) March 24, 2020 @ 9:00AM

Presentations, if needed April 2, 2020 @ 9:00AM

Board Action May 11, 2020 http://www.myvendorlink.com/

SECTION 2 -- SCOPE OF SERVICES

2.1 It is the intent of LCS to contract with a company to provide Speech Language Therapy Services on a regular and as-needed basis for a three (3) year initial contract period. Services to be rendered shall include the following:

A. Qualifications:

Speech-language pathologists performing speech language therapy services for Lake County Schools must be qualified by the Florida Department of Health or by the Florida Department of Education, and licensed to practice speech and language therapy in accordance with the laws of the State of Florida. A copy of said license must be submitted with the proposal and prior to providing any services under the agreement.

The CONTRACTOR agrees to incur the cost of fingerprinting and drug testing of contracted employees and clearance is secured by Exceptional Student Education Department prior to placement of the employee.

Any requirement of this Contract that the CONTRACTOR is unable to meet must be clearly noted as an exception on the cost proposal form. The School Board will evaluate these exceptions and determine if they are acceptable.

It is understood that where needs of students can and should be met in a small group that there will be a single charge in accordance with the awarded hourly rate.

The CONTRACTOR agrees to comply with Titles VI and VII of the Civil Rights Act of 1964, which prohibits discrimination on grounds of race, color, age, sex, national origin, or religion; the Age Discrimination Act of 1967 as amended; and Section 504 of the Rehabilitation Acts of 1973, which prohibits discrimination against the disabled. CONTRACTOR agrees to abide by the American Speech-Language Hearing

Associations Code of Ethics, Florida Department of Health Licensing Board, and the Principles of

“Educational Relevance” and “Least Restrictive Environment” when making speech/language eligibility determination, conduct of the Education Profession in Florida, State Board of Education Rule: 6B-1.006, FAC and federal, state or county agency Professional standards.

Service will be provided on an “as needed” basis with students divided into treatment and maintenance programs and allocated therapy time based on need and authorization by the Director of Exceptional

Student Education or Designee, School Board of Lake County. Mileage will not be reimbursed as an additional expense and shall therefore be included in the hourly rate. The therapist must be able to provide his/her personal vehicle for transportation to and from the worksite.

The School Board will provide for school-based services, such as adequate therapy space, utilities, and housekeeping. Also, therapeutic and assessment materials and equipment as needed are ordered through consultation with the Exceptional Student Education Program Specialist and approved by the

ESE Director. The Exceptional Student Education Director and Program Specialist will provide coordination and evaluation of the Speech Language Impairment program.

B. Specifications:

The following are definitions of services and a list of services that shall be required of the Speech

Language Therapist provided by the Contractor. Services apply to student calendar days.

SCREENING – Screening is defined as a process of surveying an individual in order to identify problems previously undetected. Screening does not consist of evaluation. Screenings can be done upon request from a teacher or a parent or as part of the problem-solving and selection interventions, if needed.

Screenings shall be administered through observation or standardized instrument and reported in the educational context. The CONTRACTOR is required to be proficient in administration and scoring of

Clinical Evaluation of Language Fundamentals-5 Screening, Joliet Screening Test, etc. and performing an audiological screening and an oral-motor peripheral examination.

EVALUATION – An evaluation is for the purpose of determining the need for Educationally Relevant

Speech /Language services as determined by the Lake County Exceptional Student Education Special

Programs and Procedures. The CONTRACTOR is required to be proficient in administration and scoring of: Clinical Evaluation of Language Fundaments-5, Test of Language Development-Primary and

Intermediate: 4, receptive and expressive supplemental language evaluations (i.e. Peabody Picture

Vocabulary Test-4), Goldman Fristoe Test of Articulation-3, Khan Lewis Phonological Analysis-3 and informal speech and language samples.

MEDICAID - Speech-language pathologists will be required to be a Direct Fee for Service provider for the

Lake County School Board to enable the School Board to be reimbursed from Medicaid for eligible speech and language services to eligible students with disabilities.

BILINGUAL SERVICES – A bilingual therapist (Spanish/English) shall be responsible for screening and evaluating preschool children and English Language Learners. The therapist will participate as a member of a multidisciplinary evaluation team three (3) days per week. This team is also responsible for the referral, eligibility and placement decisions for preschool students. In addition, this therapist shall complete bilingual evaluations at schools located within the district on an as-needed basis.

Evaluations shall be conducted in the following areas:

1. Articulation/phonology, which may include oral motor

2. Fluency

3. Voice

4. Language

The CONTRACTOR shall apply Florida State Board Rules for the Speech Impairment and Language

Impairment programs, Lake County Speech and Language policies and procedures as well as principles of

“Educational Relevance” and “Least Restrictive Environment” when making speech and language eligibility determinations.

INTERVENTION SERVICES

1. Activity/lesson planning, data collection, record keeping per student through County electronic system which is also used for Medicaid billing purposes

2. Scheduling therapy and educational meetings.

3. Individual Education Plan development.

4. In-class/therapy room individual or group intervention.

5. Consultation/monitoring.

6. Meeting participation, including, but not limited to, child study, problem-solving/response to intervention meetings, eligibility staffing and Individual Education Plan meetings.

7. Attendance at speech-language program meetings/in-services (recommended).

8. Complete purchase orders for therapeutic materials, assessments, and assessment protocols as requested by the Exceptional Student Education Department and approved by the ESE Director and school principal.

9. SLP will be provided with the “Procedural Guidelines for ESE Contracted Personnel” and shall be bound to the procedures therein. Therapist shall sign the “Procedural Guidelines for ESE

Contracted Personnel” and return to Lake County Schools prior to the first day of work.

It is understood that Social Security, taxes, Medicare, insurance, and all other benefits are the responsibility of the CONTRACTOR.

SECTION 3 -- PREPARATION ORDER AND REQUIRED CONTENT

1. PROPOSAL PREPARATION

In order to ease comparability and enhance the review process, it is requested that proposals be organized in the manner specified below. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Responsive proposals should provide straightforward, concise information that satisfies the requirements noted above. Expensive bindings, color displays, and the like are neither necessary nor desired. Emphasis should be placed on skills and experience that respond to the needs of the School Board, the requirements of this RFP, and completeness and clarity of content.

2. REQUIRED INFORMATION AND FORMAT

Proposals must provide the required information in the following order and format. Failure to provide the required information will affect the evaluation of the proposal and may be grounds for disqualification. Copies of the proposal signed by an authorized representative of Respondent, including name, title, address, and telephone number of one individual who is Respondent’s designated representative.

TABLE OF CONTENTS

Clearly outline and identify the material and responses by the tab and page number. Outline in sequential order the major areas of the responses, including enclosures. Tabs should be used to separate each tabbed section. All pages must be consecutively numbered and correspond to the table of contents.

TAB 1 - RESPONDENT’S PROFILE AND SUBMITTAL LETTER

RFP Submittal Letter signed by authorized agent of the business/corporation with proof of authorization from business A brief profile of the firm, including:

A. A brief history of the business B. Organizational structure of business C. Ownership interests D. Active business venues (counties, states, etc.)

E. Present status and projected direction of business F. Designation of the legal entity by which the business operates and documentation from the appropriate state’s agency confirming firm’s legal entity type (i.e. sole proprietorship, partnership, limited liability partnership, corporation, Limited Liability Corporation, etc.).

For non-Florida businesses submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida.

G. A confirmation of your company’s understanding of the requirements/scope of services/specifications of this formal solicitation and familiarity and interest in performing Speech Language Services.

H. Provide all names, titles, addresses, telephone numbers (including facsimile numbers), and e-mail addresses.

TAB 2 - QUALIFICATIONS AND EXPERIENCE

Organizational History, Structure, and Authoritative Direction of Control

Respondent must maintain and include a current business license. Respondent must keep current all licenses and permits, whether municipal, county, state, or federal, required for the performance of its obligations and functions hereunder, and shall pay promptly when due all such fees. Respondents must provide documentation of applicable license, certification, and/or commercial experience involving the services described herein. Lake County Schools reserves the right to request documentation at any time during the contract period.

Respondent shall provide an organizational chart of its administrative staff.

Respondent must demonstrate a record of company stability for the last five (5) years and provide information supporting evidence as follows:

o State number of years in business.

o State the location, address, and telephone number of Respondent’s offices.

o Discuss any name changes, changes in ownership, reorganizations, etc.

Administration and Staff Qualifications: Respondent shall describe the qualifications and experience of the partners, managers, supervisors, senior staff, customer service, and all staff that will provide the services to Lake County Schools. Respondent shall ensure that staff has all required licenses, certifications, and training appropriate for such persons’ role and function within the firm. Documentation that describes job qualifications and experience will be acceptable. Provide the name and contact information for the point of contact for these services.

Respondent shall provide a customer list and/or a list of current or recently completed projects which best illustrate the experience of Respondent in the following areas:

o Name and location of the engagement.

o The nature of Respondent’s responsibility on the engagement.

o Name, address, telephone, and fax number for each project contact who may be contacted as a reference.

o Date engagement was completed or is anticipated to be completed.

o Size of engagement (project dollar value).

o Services for which Respondent’s staff was responsible.

o Present status of the engagement.

o Respondent’s key professionals involved on the engagement and who, of that staff, would be assigned to the services covered by this RFP.

References: Please provide at least three (3) Florida School District References or (3) most comparable municipal references that Lake County Schools may contact as references. Please complete a Reference Form with the following for each reference including:

o District, key contact person(s);

o Job title(s) address, phone number, email address for key contacts of the district/municipality.

License Sanctions: List any regulatory or license agency sanctions. The School Board may perform a background check on respondent with all state and regulatory agencies.

Litigation: Provide a statement and detailed description of any litigation or regulatory action that has been filed against your firm(s) in the last three years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. For joint venture or team proposers, submit the requested information for each member of the joint venture or team.

Respondent shall disclose number of partners, managers, and other key staff used to perform the scope of the RFP. If applicable, identify all subcontractors necessary to conduct the project. Describe the range and scope of activities performed by the contracting organization, including capability to fulfill the specifics of the project (e.g., staff, equipment, workload, etc.).

TAB 3 - SCOPE OF SERVICES

Describe Respondent's understanding of the scope of services as described in Section 2 of this RFP. Include a written statement explaining your firm’s approach to provide Speech Language Therapy Services.

TAB 4 - PROPOSAL PRICING

The proposal shall include Respondent’s proposed pricing as requested on the Cost Proposal Form. The School Board reserves the right to accept or reject proposed pricing.

Tab 5 - COMPLIANCE REQUIREMENTS—ATTACHMENT PACKAGE This is a compliance section and carries no evaluation points. Respondents must meet minimum criteria as specified to receive further consideration. Proposals shall include the following:

Attachment Package:

Attachment A – Signature/Acknowledgement Form Attachment B – Reference Form (duplicate as necessary) Attachment C – Debarment Form Attachment D – Public Entity Crimes Form Attachment E - Non-Collusion Affidavit Form Attachment F – Emergency/Disaster Form Attachment G – Cost Proposal Form

TAB 6 - ADDITIONAL INFORMATION

Any additional information or data which Respondent deems essential to the proposal and for consideration should be included in a separate section of the submittal titled “Additional Information”. Additional information presented for consideration should include additional costs to the district. If there is no additional information to present, state in this section: "There is no additional information that Respondent wishes to present.”

SECTION 4 -- PROPOSAL EVALUATION

1. Timely submitted responsive proposals will be evaluated by an Evaluation Committee of the District. Each representative will score each proposal using the criteria described below – Evaluation Procedures.

2. EVALUATION CRITERIA: Only proposals that meet the compliance requirements will be evaluated based on the following criteria.

Evaluation Criteria Possible Points

Cover Letter including understanding of the Scope of Service 5

Qualifications of Firm 40

References 25

Cost of Services 30

TOTAL Possible Points 100

An evaluation committee will evaluate the proposals received. Each committee member will independently score each proposal using the predetermined point system following the set of evaluation criteria listed above. Each Committee member’s proposal scores will be combined to reach the total number of composite points. The proposals with the highest overall composite points will be placed on a short-list.

After the initial ranking of the proposals, the evaluation committee may conduct interviews or presentations from a short list of vendors. If this is determined, your company will be contacted for the interview or presentation, which may occur on the date listed in Section 1.4 Schedule of Events of the RFP. This is an optional interview or presentation that will be determined by the evaluation committee.

Presentation Evaluation Criteria Possible Points

TBD TBD

TBD TBD

TOTAL Possible Points 100

Respondents shall be liable for all costs associated with their presentation. The Procurement Services representative shall calculate all scoring and determine a ranking of the shortlisted firms based on the presentation/interview evaluation criteria above. The highest ranked firm(s) will be recommended for award.

3. RIGHT TO NEGOTIATE

LCSB reserves the right to negotiate price and contract terms and conditions with the most qualified firm(s) to provide the requested service. If a mutually beneficial agreement with the highest ranked firm is not reached, the District reserves the right to enter into contract negotiations with the next highest ranked firm and continue this process until agreement is reached.

SECTION 5 -- GENERAL TERMS AND CONDITIONS

1. AWARD: A contract will be recommended for award to a “Pool” of qualified proposers who achieves the highest point scores through the proposal evaluation process as outlined later in this document under the Method of Evaluation section. In addition, the School Board at its sole discretion, reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the School Board to do so. LCSB reserves the right to negotiate with the highest ranked proposer(s) regarding proposal scope, quality, price and any other issues it considers relevant to successful performance of the services. If an agreement cannot be reached with the highest ranked proposers, LCSB reserves the right to negotiate and recommend award to the next highest proposer(s) or subsequent proposer(s) until an agreement is reached.

2. CONTRACT: A contract or agreement will be released, after award, for any work to be performed as a result of this RFP. The proposal, negotiated terms, and the contract will constitute the complete agreement between Respondent and Lake County Schools. If

Respondent requires an additional contract, then Respondent should include their sample contract as an attachment to the proposal submitted for review.

3. CONTRACT TERM: Respondent(s) shall serve at the pleasure of the district for an initial contract period of three (3) years. Pricing, terms, and conditions of the base contract will remain for an initial period. This stipulation shall be subject to a thirty (30) day written notice of cancellation by either party. Respondent agrees to this condition by signing its proposal.

4. CONTRACT RENEWAL: Lake County Schools at its sole discretion, may exercise options to extend the contract for up to two (2) additional one-year periods based upon funding availability and by mutual written consent of both parties. Respondent understands that any rate increases must be requested in writing with supporting documentation, approved by Lake County Schools, and shall not exceed the average CPI for All Urban Consumers U.S. City Average for the first five

(5) years of the contract.

5. CONFLICT OF INTEREST: All Respondents must disclose the name of any officer, director, or agent who is also an employee of Lake County Schools. All Respondents must disclose the name of any district employee who owns, directly or indirectly, any interest in the Respondents' business or any of its branches.

6. MINOR IRREGULARITIES: The School Board reserves the right to waive minor irregularities or technicalities in proposals, and in its sole discretion, request a clarification regarding a proposal(s), providing such action is in the best interest of the School Board. Minor irregularities are defined as those that have no adverse effect on the School Board’s best interests, and will not affect the outcome of the selection process by giving the respondent an advantage or benefit not enjoyed by other respondents.

7. PROTEST: Any person who is affected adversely by the decision or intended decision shall file with the Board, through its Purchasing Department, a written notice of protest within 72 hours after the posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest.

With respect to a protest of the specification contained in an invitation to bid or in a request for proposal, the notice of protest shall be filed in writing within 72 hours after the receipt of the project plans and specification or intended project plans and specification in an invitation to bid or request for proposal (but no later than the time when the bids or responses must be received in order to be considered), and the formal writing protest shall be filed within 10 calendar days after the date the notice of protest is filed. The 72 hours period referred to herein shall not include Saturday, Sundays, or holidays. The work “holiday” shall mean any weekday on which the School Board’s Administrative Offices are closed.

Failure to file a timely formal written protest shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

The formal written protest shall state with particularity the facts and law upon which protest is based. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.7(3)(b), shall post at the time of filing the formal written protest, a bond payable to the School Board of Lake County in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, 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 an acceptable form of security.

If after completion of the administrative hearing process and any appellate court proceedings, the

District prevails, it shall recover all cost 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 include in the final order of judgment, excluding attorney’s fees.

Upon receipt of the formal written protest and protest bond which has been timely filed, the District shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final District action, unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

8. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. In accordance with

Section 287.135 of the Florida Statutes, THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT ANY

OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS

MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE SCHOOL BOARD “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing 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 s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not 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 s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The School

Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List. Notwithstanding the preceding, the School Board reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4) are met.

Lake County Schools, FL does not discriminate on the basis of race, religion, color, national origin, gender, genetic information, age, disability or marital status in its educational programs, services or activities, or in its hiring or employment practices. The district also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act. Questions, complaints, or requests for additional information regarding discrimination or harassment may be sent to:

David Meyers Manager Employee Relations

Lake County Schools Phone: 352-253-6519

Fax: 352-253-6545 Meyersd@lake.k12.fl.us

An entity or affiliate who has been placed on the discriminatory vendor list, a list published by the State of Florida, may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

9. PUBLIC ENTITY CRIMES DISCLOSURE: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section

287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

10. DRUG-FREE WORKPLACE. Whenever two or more RFPs are equal with respect to price, quality, and service, a RFP received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at an additional cost prior to working on the School Board account.

11. CONTINGENT FEE PROHIBITED. The Proposer warrants that they have not employed or retained any third party other than the Proposer’s employee or agent to solicit or secure an award hereunder and that they will not pay a fee, commission, percentage, gift or other consideration to a third party upon or resulting from the award hereunder. Violation shall constitute a breach of contract and termination of agreement and a deduction from any outstanding obligations for the full amount of the fee, commission, percentage, gift or consideration paid.

Bidder warrants that he/she has not employed or retained any company or person other than a bona fide employee working solely for bidder, to solicit or secure this RFP and that he/she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for proposer, any fee, commission, percentage, gift or any other consideration contingent upon, or resulting, from the award of making of this RFP.

12. PAYMENT TERMS: Respondent shall state on the Proposal Price Sheet the Terms and Conditions it will accept for a payment discount. (i.e.: 2% net 30 days, upon receipt of invoice). The district shall not pay Federal Excise and State taxes on direct purchases of tangible personal property.

This exemption does not apply to purchases of tangible personal property made by respondents who use the tangible personal property in the performance of contracts for the improvement of

School Board-owned real property as defined in Chapter 192 of the Florida Statutes.

13. INVOICES: The successful bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. All statements must reference valid purchase order numbers. A separate invoice must be received for each purchase order number.

14. INDEMNIFICATION / HOLD HARMLESS AGREEMENT: Respondent shall indemnify, defend, and hold harmless Lake County Schools, its board members, employees, representatives from and against all claims, suits, actions, damages, losses, expenses, and/or a cause of action, including but not limited to, economic loss, reasonable attorneys’ fees, and expenses, arising out of or in connection with this Agreement, provided that any such claims, suits, actions, damages, losses, expenses, and/or a cause of action, (i) is attributable to any person(s) claiming personal injury, bodily injury, sickness, disease, or death; or damage to tangible property of a third party including the loss of use, (ii) loss of Respondent’s tools and equipment used in connection with this

Agreement, and (iii) is caused or incurred in whole or in part by Respondent or any of its subcontractors, agents, or anyone directly or indirectly employed by contractor, subcontractor, agents, regardless if caused in part by Lake County Schools. This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or a cause of action, arising from

Lake County School’s sole gross negligence or intentional misconduct.

Nothing in this Agreement shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of Lake County School’s sovereign immunity protection and limitations of liability pursuant to Section 768.28, Florida Statutes. Any indemnity or assumption of liability by SBOC hereunder shall be subject to Lake County School’s rights to sovereign immunity and any other limitations of liability provided Lake County Schools pursuant to Florida law.

15. INSURANCE: At its sole expense, VENDOR shall maintain the following insurance during the contract term and such insurance will apply to VENDOR, its employees, agents, and subcontractors:

i. Comprehensive General Liability insurance in the amount of one million dollars

($1,000,000);

ii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the operations of the VENDOR, in an amount not less than five hundred thousand dollars ($500,000) combined single limit per occurrence for bodily injury and property damage with the SCHOOL BOARD as an additional named insured;

iii. Professional Liability Insurance in the amount of one million dollars ($1,000,000); and

iv. Workers’ Compensation Insurance for all employees of the VENDOR as required by

Florida Statutes. A Waiver of Subrogation in favor of The School Board of Lake County, Florida and its members, officers and employees shall be endorsed onto the workers’ compensation policy.

“The School Board of Lake County, Florida and its members, officers and employees” shall be listed as an additional insured on the Comprehensive General Liability insurance coverages/policies.

The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the VENDOR.

The VENDOR shall ensure that all insurance policies required by this section are issued by companies with either of the following qualifications:

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

Best Company; or

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

Neither approval nor failure to disapprove the insurance furnished by the VENDOR to the SCHOOL BOARD shall relieve the VENDOR of the VENDOR’S full responsibility to provide insurance as required under this Agreement.

The VENDOR shall be responsible for assuring that the insurance remains in force for the duration of this Agreement, including any and all option years that may be granted to the VENDOR. The VENDOR shall be responsible for notifying SCHOOL BOARD within 48 hours upon receipt of any cancellation notice or intent to non-renew. If the insurance is scheduled to expire during the contractual period, the VENDOR shall be responsible for submitting new or renewed certificates of insurance to the SCHOOL BOARD at a minimum of fifteen (15) calendar days in advance of such expiration.

Unless otherwise notified, the certificate of insurance shall be delivered within ten (10) days of execution of agreement.

In the event that VENDOR fails to maintain insurance as described above, paragraph “A” of this Agreement, VENDOR agrees that such failure will constitute a material breach of this Agreement and the SCHOOL BOARD shall have the right to terminate this Agreement without further liability.

Further, VENDOR agrees that upon such breach, the SCHOOL BOARD may take any action necessary at law or in equity to preserve and protect SCHOOL BOARD’S rights.

16. FUNDING OUT/CANCELLATION: Section 237.161, Florida Statutes, et seq., prohibit school boards from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the agreements.

It is necessary that fiscal funding out provisions be included in all proposals in which the terms are for periods longer than one (1) year.

Therefore, the following “Funding Out” provision is an integral part of this solicitation and must be agreed to by all Respondents: The district may, during the contract period, terminate or discontinue the services covered in this proposal at the end of the district's then current fiscal year upon ninety (90) days’ prior written notice to the successful Respondent.

Such prior written notice will state the following: “The lack of appropriated funds is the reason for termination. This includes an agreement not to replace the services being terminated with services similar to those covered in this proposal from another vendor in the succeeding funding period. This written notification will thereafter release the School Board of all further obligations in anyway related to the services covered herein."

The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for "funding out."

17. TERMINATION / CANCELLATION OF CONTRACT: The School Board reserves the right to cancel the contract without cause with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the respondent of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the respondent of any obligations or liabilities resulting from any acts committed by the respondent prior to the termination of the contract. The Respondent may cancel the resulting contract with one hundred twenty (120) days written notice to the Supervisor OF Procurement

Services. Failure to provide proper notice to the School Board may result in the respondent being barred from future business with the School Board.

18. TERMINATION FOR SCHOOL BOARD’S CONVENIENCE: The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the School Board representative shall determine that such termination is in the best interest of the School Board. Any such termination shall be effected by the delivery to the respondent of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, respondent shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the School Board shall have no other obligations to respondent. Respondent shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

19. TERMINATION FOR DEFAULT: The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor: refuses or fails to deliver the goods or services within the time specified; fails to comply with any of the provisions of this RFP, or so fails to make progress as to endanger performances, hereunder, or becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

20. ACCEPTANCE OF VENDOR RESPONSES: The District reserves the right to accept proposals and to accept or reject portions of a proposal based upon the information requested. Respondents may be excluded from further consideration for failure to fully comply with the requirements of this RFP solely at the District’s discretion.

21. NON-EXCLUSIVE AGREEMENT: This RFP does NOT establish an exclusive arrangement between the District and vendor. The District reserves, but is not limited to, the following rights:

The right to use others to perform work and services described in this RFP;

The right to request proposals from other Respondents for work described in this RFP; and

The unrestricted right to bid any work or services described herein.

22. QUALIFICATIONS OF VENDORS: The District expressly reserves the right to reject any proposal if it determines that the business and technical organization, equipment, financial and other resources, or experience of vendor, compared to work proposed, justifies such rejection.

23. BACKGROUND INVESTIGATIONS. The CONTRACTOR represents and warrants to the SCHOOL

BOARD that the CONTRACTOR has read and is familiar with Florida Statute Sections 1012.32, 1012.465, 1012.467, and 1012.468 regarding background investigations. CONTRACTOR covenants to comply with all requirements of the above-cited statutes and shall provide SCHOOL

BOARD with proof of compliance upon request. CONTRACTOR agrees to indemnify and hold harmless the SCHOOL BOARD, its officers, agents and employees from any liability in the form of physical injury, death, or property damage resulting from the CONTRACTOR’S failure to comply with the requirements of this paragraph or Florida Statute Sections 1012.32, 1012.465, 1012.467 and 1012.468

24. AMENDMENT & CANCELLATION: The District reserves the right to cancel, recall, and/or reissue all, or any part, of this RFP, at any time.

25. WITHDRAWAL: By written request to the Purchasing Department, vendor may withdraw from the

RFP process at any time before the closing date for the receipt of proposals.

26. CONFIDENTIALITY OF INFORMATION: The District reserves the right to retain all copies of vendor proposals submitted in response to this Request for Proposals. You are hereby notified that under

FS 119.07, (“Florida Sunshine Law”) proposals submitted in response to this solicitation cannot be granted immunity from…