25-0509-ITB-TF969_ITB_Solicitation.pdf

Procurement Services | 29529 CR 561, Tavares, FL 32778 | (352) 253-6760 Fax: (352) 253-6761

INVITATION TO BID (ITB)

#25-0509-ITB-TF969 – Fencing Material & Installation

The School Board of Lake County Schools District, Florida is issuing an Invitation to Bid (ITB) seeking submittals from qualified vendors to provide Fencing Material & Installation. The intent of this solicitation is to select multiple vendor(s) to provide these services. The ITB and all submittal requirements are available on Vendorlink and can be accessed at www.myvendorlink.com.

Vendors are specifically directed not to contact any Lake County School District Board member or personnel, other than the Contact Person listed below, for any purpose related to this ITB. Unauthorized contact of any Lake County School District Board member or personnel may be cause for rejection of a vendor’s proposal. All inquiries concerning this ITB should be directed in writing to the following Contact Person:

Name: Tara Fueri E-mail: fuerit@lake.k12.fl.us Phone: (352) 253-6765 Address: 29529 CR 561

Tavares, FL 32778

PROJECTED TIMETABLE

The following dates are set forth for information and planning purposes only. These dates may be changed upon notice to prospective proposers.

Opening/Release Date: Thursday, June 12, 2025 Questions Deadline: Thursday, June 20, 2025 @ 2:00 PM EST Last Day for Addendums: Tuesday, June 24, 2025 Due Date/Time: Monday, June 30, 2025 @ 2:00 PM EST Award Recommendation Posting: Wednesday, July 2, 2025 Board Action: Monday, July 28, 2025 *Subject to change

Vendors are solely responsible for ensuring timely receipt of their proposals. All proposals must be signed by an officer or employee having authority to legally bind the solicitation.

There is not a pre-bid meeting scheduled for this solicitation, unless circumstances change.

Public notice is hereby given that the Lake County Schools has issued an Invitation to Bid for the above-named services, with responses due no later than the date and time shown above.

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

#25-0509-ITB-TF969 Fencing Material & Installation

BACKGROUND

Lake County Schools (LCS) 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. Its Mission is to provide every student with individual opportunities to excel. The Vision of the District is to be 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. Lake County Schools is estimating an annual spend of $200,000 for fencing materials, repairs, and installations to be done, however, this is not a guarantee of allocation.

In determining whether a vendor is qualified, the School Board shall consider such factors as the ability and qualifications of professional personnel; willingness to meet time and budget requirements;

experience and past performance; past litigation; project/task approach and methodology; and references.

INSTRUCTION TO VENDORS

1. All proposals must be received no later than 2:00 PM EST, on Monday, June 30, 2025. Respondent will be responsible for its timely submission of their submittal.

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

3. IMPORTANT NOTICE TO BIDDERS: The Procurement Services Department of Lake County Schools has partnered with VendorLink (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.

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

5. 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.

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

7. ON LINE RESPONSES – shall be accepted ONLY until the date and time stated above and on www.myvendorlink.com. All submittals not received by the stated date and time will be considered late and therefore unacceptable.

8. 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 http://(www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ 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.

9. All questions must be submitted by information question deadline 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 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 ITB and the selection process. All such interpretations and supplemental instructions will be in the form of written Addenda to the ITB.

10. 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 LCSD, 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 Qualifications 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.

11. Any questions concerning conditions and specifications shall be submitted through VendorLink.

Those interpretations which may affect the eventual outcome of the invitation/offer shall be furnished in writing to prospective respondents. No interpretation shall be considered binding unless provided in writing by the SCHOOL BOARD in the form of an addendum. Any addenda issued shall be acknowledged by signature on the bid acknowledgement form.

12. 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.

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

The following documents are required and must be submitted electronically:

A. Cost Proposal Form B. Acknowledgement Form C. Reference Form (3 required) D. Debarment and Suspension Certification E. Public Entity Crimes Affidavit F. Non-Collusion Affidavit G. Principal Place Of Business H. Conditions for Emergency/Hurricane or Disaster I. Drug Free Workplace Certification Form J. Conflict of Interest Statement K. Other Applicable Forms as Specified in Solicitation http://www.myvendorlink.com/ http://www.myvendorlink.com/

SCOPE OF WORK / REQUIREMENTS

1. Scope: The purpose of this Invitation to Bid (ITB), is to establish a contract(s) for fencing material, installation and repair services, as listed and described on the cost proposal form and in the body of this ITB, for Lake County Schools (LCS), on an as needed basis. Although not guaranteed, the expected expenditure will be approximately 200,000 annually.

2. Contractor’s Experience: The Contractor should have 3 years work experience in fencing installation service, with commercial accounts that the district may use to evaluate the Contractors capabilities to perform the work stated herein. The work experience must contain sufficient and specific information, which directly responds to the request.

3. Licenses & Certifications: The Fencing Contractor(s) shall be fully licensed to perform Fencing

Work in Lake County, Florida. The licenses must be valid at the time of the bid opening, and throughout the term of any contract. A copy must be provided with the bid submission.

4. Contractor’s Responsibilities:

4.1 It is the Contractor’s responsibility to ensure that all employees are of legal age and allowed to work in the United States in accordance with Immigration and Homeland Security Policies. LCS issued Badges, must be visibly worn at all time, by all personnel/employees, while on LCS property.

4.2 During school hours, all personnel/employees must sign in and out (upon arrival & departure) at the main office of the school or facility. If the office is closed, then sign-in must occur as soon as the office opens. Company uniform must be worn while performing services on LCS grounds.

4.3 All fencing system installation, replacement and repairs shall be performed in accordance with all applicable codes, ASTM F 567 Standard Practices for Installation of Chain Link Fence.

4.4 Inspections for compliance will be conducted by LCS, Office of Building Code Compliance Inspectors and/or any other Compliance Inspectors designated by LCS.

4.5 The Contractor shall be certified as qualified to install and repair fencing systems by the fencing manufacturers. An Authorization Letter from each fencing system manufacturer may be required by LCS and must be submitted within 24 hours of request. If the Contractor is not certified to install a specific manufacturer’s product, the Contractor may submit a “No Bid”, in order to respond to a Secondary Quote Request.

4.6 LCS reserves the right on a project by project basis, to provide fencing materials. Such projects may be labor only or, labor and additional materials. LCS may negotiate with the Contractor any cost adjustments for furnished materials, prior to the start of the project.

4.7 The Contractor shall have sufficient number of personnel, materials, tools, equipment and transportation to ensure that all LCS work requests are handled in a timely manner, according to the job completion schedule. If the Contractor is unable to perform the work in a timely manner, per the agreed job schedule, LCS shall have the right to rescind the Purchase Order, and assign the work to another Contractor.

4.8 If the Contractor for any reason fails to remain a Contractor for LCS, then all records pertaining to LCS fencing, scheduling, paperwork, warranty information and technical data shall be surrendered to LCS within 10 business days of request.

4.9 The Contractor’s submission shall include costs for the location of any utilities. The

Contractor is responsible to notify the utility companies when trenching or working near any utility lines, such as cable service, water and sewer service, telephone service, gas and power lines. The Contractor is responsible for any and all clearing or cleaning of installation site.

4.10 If the Contractor hits or damages any utility lines, they must notify the LCS Representative and the Maintenance main office within fifteen (15) minutes. If a gas line is hit, Emergency Services, the affected utility company, and the LCS Representative, must be notified immediately. The Contractor will be fully responsible for any damages, caused by the Contractor, to utility lines.

4.11 If during the course of work, the Contractor encounters unforeseen conditions which impact the cost of the work and which could not initially be evaluated, the Contractor shall not proceed without written authorization in the form of a change order or a change to the Purchase Order.

SPECIAL TERMS AND CONDITIONS

1. AWARD TERM: The SCHOOL BOARD’s goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful bidder(s) shall be awarded a contract for an initial three (3) year term with two (2) one (1) year renewal periods.

The award term recommendation will be that which is determined to be in the best interest of the School Board. The renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. All renewals will be contingent upon mutual written agreement and, when applicable, approval of School Board.

2. BOND CAPACITY: The School Board of Lake County Florida, requires a written verification of bonding capacity to perform work within the School District. Vendors must include with the bid submittal a written verification of bonding capacity for a single project and the company’s maximum bonding capacity.

Per F.S. 255.05 Bond of contractor constructing public buildings, a person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing the work or before recommencing the work after a default or abandonment, to execute and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety.

Projects costing $200,000 or more will require a performance bond equal to the amount of the project be submitted to Lake County School Board prior to starting the project.

3. BID SUBMITTAL FORM (See Submittal Requirements for complete details):

A. Note: It is not necessary to return every page of this document with the bid proposal; return only the pages that require signatures or information.

B. If a Non-Disclosure Agreement is signed and confidential materials are submitted, such confidential materials shall be submitted as a separate file and clearly labeled as “Confidential Materials”.

C. The Invitation to Bid page and other required documents must be signed by an official authorized to legally bind the bidder to all bid provisions.

D. Terms and conditions differing from those in this Bid shall be cause for disqualification of the Bid Submittal.

4. BIDDER'S RESPONSIBILITY: The bidder, by submitting a Bid represents that:

A. The bidder has read and understands the Invitation to Bid in its entirety and that the Bid is made in accordance therewith, and;

B. The bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the School Board, and;

C. Before submitting a Bid, each bidder shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the School Board, upon which the bidder will rely. If the bidder receives an award because of its Bid Submittal, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the bidder for additional compensation or relief.

D. The bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the contract term or up to and including five (5) fiscal years following the School Board’s annual audit including five (5) years thereafter.

5. CLARIFICATION AND ADDENDA: It is incumbent upon each bidder to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing, via MyVendorLink.com (The School Board will not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given.

If it becomes necessary to revise or amend any part of this Bid, notice may be obtained by accessing MyVendorLink.com. Each bidder should ensure that all addenda and amendments to this Bid have been received BEFORE submitting the Bid. Check https://www.myvendorlink.com/ for any addenda.

6. FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS:

Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their “active” status. All registered respondents must have an active status in order to be eligible to do business with the SCHOOL BOARD. Respondents doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit:

www.Sunbiz.org.

7. AWARD: The School Board reserves the right to award the contract to the bidder(s) that the Board deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation.

The Board is therefore not bound to accept a bid on the basis of lowest price. In addition, the Board has the sole discretion and reserves the right to cancel this Bid, to reject any and all bids, 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 Board to do so. The Board also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if it is deemed to be in the Board’s best interest.

8. PREFERENCE TO FLORIDA BUSINESSES: Any vendor of Printing Services and personal property purchases whose principal place of business is outside the State of Florida must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. All bidders must complete Bidder’s Statement of Principal Place of Business. If a preference is determined to exist and the out of state vendor is the lowest responsive and responsible bidder, then the Florida vendor who is closest in competitive pricing to that bidder will be granted the same preference. If no preference is found to exist for the out of state vendor who has submitted the lowest responsive and responsible bid, then the Florida vendor who is closest in competitive pricing will be granted a 5% preference.

It is important that vendors understand the District’s budgetary restrictions when offers are submitted.

To fulfill our fiduciary responsibilities we are requesting that all pricing submitted is as competitive as possible so that we may return maximum value to the District. By providing a bid the vendor is acknowledging that the District’s current or future budgetary shortfalls may materially impact long-term completion of the District’s projections under this bid and/or may materially impact the District’s ability to consider renewal of any subsequent terms

9. CONTRACT: The contents of this Bid and all provisions of the successful bidder’s Submittal Form shall be considered a contract and become legally binding. A separate contract document, other than the order(s), will not be issued.

The Superintendent, and Board Chair are the sole Contracting Officers for the School Board, and only http://www.sunbiz.org/ they or their designee are authorized to make changes to any contract.

The SCHOOL BOARD shall be responsible for only those orders placed by the schools/departments on an authorized signed purchase order or purchasing card. The SCHOOL BOARD shall not be responsible for any order, change substitution or any other discrepancy on the purchase order or card charges. If there is any question about the authenticity of a purchase order, card charge or change order, the bidder should promptly contact the Procurement Services Department.

The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056, of the Department of Management Services will be reviewed for the subject of the award recommendation of this solicitation.

10. DISCLOSURE OF BID CONTENT

A. All material submitted becomes the property of the SCHOOL BOARD and may be returned only at the SCHOOL BOARD'S option. The SCHOOL BOARD has the right to use any or all ideas presented in any reply to this Bid. Selection or rejection of any Bid Submittal does not affect this right.

B. The SCHOOL BOARD is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.).

Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the SCHOOL BOARD as defined in 119.071(1)(c), F.S. (hereinafter “Confidential Materials”), may be exempt from disclosure. If a successful bidder submits Confidential Materials, the information must be segregated, accompanied by an executed Non- Disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” The SCHOOL BOARD will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the SCHOOL BOARD shall execute the Agreement and send the successful bidder a “Receipt for Trade Secret Information.”

RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL.

PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES.

11. PAYMENT TERMS

A. INVOICING: The successful bidder will be required to submit invoices and reference order numbers on all requests for payment. All statements must reference valid SCHOOL BOARD order numbers. Invoices shall be mailed directly to the bill to as listed on the order. A separate invoice must be received for each order number. Payment for partial shipments shall not be made unless specified in the terms of this solicitation or a SCHOOL BOARD order. Invoices, which do not reference valid SCHOOL BOARD, order numbers or which are erroneous (incorrect contract prices, minimum order charges, etc.) shall be returned to the Vendor for resolution of the discrepancies. It is the sole responsibility of the Vendor to reconcile the order and the Vendor’s invoice and to notify the purchasing representative of any discrepancies prior to billing. The SCHOOL BOARD will only pay the dollar amounts authorized on the order.

B. The Vendor represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of Section 68.082, Florida Statutes, pertaining to false claims against the State, and/or Section 837.06, Florida Statutes, pertaining to false official statements.

C. The SCHOOL BOARD will remit full payment on all undisputed invoices within 45 (forty-five) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered.

D. Pursuant to Chapter 218, Florida Statutes, the SCHOOL BOARD will pay interest, not to exceed one percent (1%) per month, on all undisputed invoices not paid within 45 (forty-five) days after receipt of the entire order of the commodity or service, AND a properly completed invoice, whichever is later.

E. The SCHOOL BOARD has the capabilities of Electronic Fund Transfer (EFT). List any additional discounts for payment using Electronic Funds Transfer (EFT) and/or any additional discounts to be applied to such payments.

F. By submitting a Bid (offer) to the SCHOOL BOARD, the bidder expressly agrees that if awarded a contract, the SCHOOL BOARD may withhold from any payment, monies owed by the bidder to the SCHOOL BOARD for any legal obligation between the bidder and the School Board.

G. PARTIAL PAYMENT: Partial payments in the full amount of the value of items received and accepted may be requested by the submission of a properly executed invoice with support documents if required.

H. PAYMENT DISCOUNTS: A bid price submitted indicating a discount if an invoice is paid within a certain number of days from the date of the invoice cannot be considered as a basis for the bid evaluation. All bid prices must be net and not contingent on terms.

10. LICENSES AND CERTIFICATES

A. The School Board reserves the right to require proof that the respondent is an established business and is abiding by the ordinances, regulation, and the laws the State of Florida, such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, AND;

B. Each firm and personnel who will be performing services on behalf of the firm for the Board are to be properly licensed to do business in its area of expertise in the State of Florida. Each firm shall submit with their proposal a copy of, and maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the contract.

11. 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 subVendors:

A. Comprehensive General Liability insurance in the amount of one million dollars ($1,000,000).

B. 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; and

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

D. 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.

E. 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 and Automobile Liability insurance coverages/policies listed above in Section 5, paragraph “A” of this Agreement.

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

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

H. 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

I. 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.

J. 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.

K. 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.

L. Unless otherwise notified, the certificate of insurance shall be delivered within ten (10) days of execution to SCHOOL BOARD to:

The School Board of Lake County, Florida Purchasing Department 29529 County Road 561 Tavares, Florida 32778

M. The name and address of the Certificate Holder on the certificate of insurance must be:

The School Board of Lake County, Florida

201 West Burleigh Boulevard Tavares, Florida 32778

N. In the event that VENDOR fails to maintain insurance as described in Section 5, 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.

12. SAFETY: The bidder shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The bidder shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. Bidder shall take all necessary precautions to ensure all materials provided do not include Asbestos. The bidder shall indemnify and hold harmless the School Board from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the School Board because of the bidder, sub-Vendor, or supplier's failure to comply with the regulations.

13. DEVIATIONS: All Bid Submittals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the bidder by the specifications. Such deviations must be stated upon the Bid Submittal Form; otherwise the School Board will consider the subject Bid Submittals as being made in strict compliance with said Specifications to bidders, the bidder being held therefore accountable and responsible. Bidders are hereby advised that School Board will only consider Bid Submittals that meet the exact requirements imposed by the specifications; except, however, said Bid Submittals may not be subject to such rejection where, at the sole discretion of The School Board, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the Bid process by affecting the amount of the Bid Submittal such that an advantage or benefit is gained to the detriment of the other bidders.

14. SAFETY DATA SHEET: In accordance with Chapter 487 of the Florida Statutes, it is the bidder's responsibility to identify and to provide to the Office of Purchasing and Warehouse Services and the Office of Environmental Health and Safety a Safety Data Sheet for any material, as may apply to this procurement.

A. The Bidder certifies that all material, equipment, etc., contained in this Bid meets all Occupational Safety Hazards Act (OSHA) requirements. Bidder further certifies that, if he is the awarded bidder, and the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with aforementioned requirements shall be borne by the bidder.

15. WAIVER OF CLAIMS: Once this contract expires, or final payment has been requested and made, the awarded bidder shall have no more than thirty (30) calendar days to present or file any claims against the School Board concerning this contract. After that period, the School Board will consider the bidder to have waived any right to claims against the School Board concerning this agreement.

16. 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 bidder 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 bidder of any obligations or liabilities resulting from any acts committed by the bidder prior to the termination of the contract.

17. 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 bidder 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, bidder 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 bidder. Bidder 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.

18. TERMINATION FOR DEFAULT: The School Board’s Contract Administrator shall notify, in writing, the bidder of deficiencies or default in the performance of its duties under the Contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specifically specified to the contrary elsewhere within this solicitation. It shall be at the School Board’s discretion whether to exercise the right to terminate. Bidder shall not be found in default for events arising due to acts of God. Termination for cause includes terminations under 287.135, F.S.

19. VENDOR PERFORMANCE: SCHOOL BOARD’S project personnel shall monitor Vendor performance. A

‘Report of Unsatisfactory Product or Service’ form (attached) shall be utilized to document unsatisfactory performance during the term of this contract. The report may become an important part of the Vendor’s history. The report and process will assist the Procurement Services to determine whether there is a continuing pattern of problems which may need to be addressed through termination of contract and/or suspension of Vendor from future bidding.

20. COLLUSION: The SCHOOL BOARD reserves the right to disqualify bids upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the bid process in a manner that conflicts with applicable law, upon the part of the Bidder(s), Bidder’s employees or agents , the District’s Professional Consultant(s), or Consultant’s agents, or any District employee(s) who may, or may not, be involved in the development of bid specifications and/or firm bid schedules.

Multiple bids from an individual, partnership, corporation, association (formal or informal) or firm under the same or different names shall not be considered. Reasonable grounds for believing that a Bidder has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Bidder is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Bidders, the District’s Professional Consultant(s) or District employees. Vendors involved in developing a bid specification or Vendors with knowledge of bid specifications prior to a bid advertisement shall be disqualified from participating in the applicable bid process.

21. INCURRED EXPENSES: This ITB does not commit the SCHOOL BOARD to award a contract, nor shall the SCHOOL BOARD be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this ITB, or any cost or expense incurred by the bidder prior to the execution of a contract agreement.

22. MINIMUM SPECIFICATIONS: The specifications listed herein are the minimum required specifications for this ITB. They are not intended to limit competition nor specify any particular bidder, but to ensure that the SCHOOL BOARD receives quality products and services.

23. COMPLIANCE WITH LAWS AND REGULATIONS: The bidder shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Bidder shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The bidder shall protect and indemnify School

Board and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by bidder, its representatives, sub-Vendors, sub-consultants, professional associates, agents, servants, or employees. Additionally, bidder shall obtain and maintain at its own expense all licenses and permits to conduct business pursuant to this contract from the federal government, State of Florida, Lake County, or municipalities when legally required, and maintain same in full force and effect during the term of the contract.

24. RECORDS & RIGHT TO AUDIT: The bidder shall maintain such financial records and other records as may be prescribed by the School Board or by applicable federal and state laws, rules, and regulations.

The bidder shall retain these records for a period of five (5) years after final payment, or until the School Board audits them, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five (5) year period for examination, transcription, and audit by the School Board, its designees, or other entities authorized by law. At the expiration of such period, Vendor, if request by the District, will turn over such records to the District to be kept for such time as the District may elect.

25. CHANGES IN SCOPE OF WORK/SERVICE

A. The School Board may order changes in the work/service consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the bidder that the scope of the project or of the bidder’s services has been changed, requiring changes to the amount of compensation to the bidder or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the School Board Chair and the bidder.

B. If the bidder believes that any particular work/service is not within the scope of work/service of the contract, is a material change, or will otherwise require more compensation to the bidder, the bidder must immediately notify the School Board’s Representative in writing of this belief. If the School Board’s Representative believes that the particular work/service is within the scope of the contract as written, the bidder will be ordered to and shall continue with the work/service as changed and at the cost stated for the work/service within the scope. The bidder must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order.

C. The School Board reserves the right to negotiate with the awarded bidder(s) without completing the competitive bidding process for materials, products, and/or services similar in nature to those specified within this ITB for which requirements were not known when the ITB was released.

26. MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW: The School Board shall have the power to make changes in the contract as the result of changes in Florida law and/or rules of the School Board to impose new rules and regulations on the bidder under the contract relative to the scope and methods of providing services as shall from time-to- time be necessary and desirable for the public welfare. The School Board shall give the bidder notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the bidder. In the event any future change in Federal, State or County law or the rules of the School Board materially alters the obligations of the bidder, or the benefits to the School Board, then the contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the bidder, then the bidder or the School Board shall be entitled to an adjustment in the rates and charges established under the contract. Nothing contained in the contract shall require any party to perform any act or function contrary to law. The School Board and bidder agree to enter into good faith negotiations regarding modifications to the contract, which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the contract, the School Board and the bidder shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the bidder directly and demonstrably due to any modification in the contract under this clause.

27. FORCE MAJEURE: The School Board and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred.

The School Board and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred.

A. Unless otherwise agreed in the contract between the parties expressly or impliedly, where a party to a contract fails to perform one (1) or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment.

B. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time.

Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract.

C. The bidder agrees that in the event of a delay or failure of performance by the bidder under the contract due to a force majeure occurrence:

1. The SCHOOL BOARD may purchase products from other sources (without recourse to and by the bidder for the costs and expenses thereof) to replace all or part of the products which are the subject of the delay, which purchases may be deducted from the contract quantities without penalty or liability to SCHOOL BOARD, or

2. The bidder will provide SCHOOL BOARD with access to products first in order to fulfill orders placed before the force majeure event occurred.

D. Neither the bidder nor SCHOOL BOARD shall be liable to the other for any delay in or failure of performance under the contract due to a force majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the bidder and SCHOOL BOARD to be necessary to enable complete performance by the contracted bidder if reasonable diligence is exercised after the cause of delay or failure has been removed.

E. Notwithstanding the above, at the discretion of SCHOOL BOARD where the delay or failure will significantly impair the value of the contract to SCHOOL BOARD, SCHOOL BOARD may terminate the contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the contract or the relative part thereof.

F. In addition, SCHOOL BOARD reserves the right, in its sole discretion, to make an equitable adjustment in the contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. “Extreme and unforeseen volatility in the marketplace” is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of bidder; (ii) the volatility affects the marketplace or industry, not just the particular contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects bidder’s performance that continued performance of the contract would result in a substantial loss to the bidder. In the event of a dispute between the bidder and SCHOOL BOARD, such dispute shall be resolved in Lake County, Florida; provided, however, that nothing in this clause shall excuse the bidder from performing in accordance with the contract as changed. Equitable adjustment may include adjustments financially or in any terms of contract performance at SCHOOL BOARD’s sole discretion.

G. Bidder shall not be entitled to an adjustment in contract price or other non-price related items caused by or within the control of bidder. Delay, disruption, and interference attributable to and within the control of a subVendor or supplier shall be deemed to be within the control of bidder.

28. BIDDER’S PERSONNEL: During the performance of the contract, the bidder agrees to the following:

A. The bidder shall not discriminate against any employee or…