25-0616-B-TF969_ITB_Solicitation_Final.pdf

INVITATION TO BID (ITB)

#25-0616-B-TF969 – Playground Equipment & Installation

The School Board of Lake County Schools District, Florida is issuing an Invitation to Bid (ITB) seeking submittals from qualified vendors to provide Playground Equipment & Installation. The intent of this solicitation is to select one vendor to provide these products and 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: August 8, 2025 Questions Deadline: August 15, 2025 @ 2:00 PM EST Last Day for Addendums: August 19, 2025 Due Date/Time: August 29, 2025 @ 2:00 PM EST Award Recommendation Posting: September 12, 2025 *Subject to change Board Action: October 13, 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/

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.

Playsets in schools offer numerous benefits for children’s physical, social, and cognitive development.

They provide opportunities for physical activity, promoting strength, coordination, and endurance, while also fostering social interaction, teamwork, and problem-solving skills. Kids pay more attention to academic tasks when they are given frequent, brief opportunities for free play.

Currently, LCS has 26 elementary schools within the district that have playsets. These schools may require the purchase of new equipment or in need of repairs in order to continually provide development and maintain safety for the students.

Lake County Schools is estimating an annual spend of $250,000 and an $750,000 spend over a three (3) year term, to provide new playsets, shading structures, and safety surfaces on an as needed basis to include repairs and installation where applicable, throughout the district, 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 Friday, August 29, 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.

http://(www.myvendorlink.com/

25-0616-B-TF969 Playground Equipment & Installation

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 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.

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

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. Written verification of bonding capacity for a single project and the company’s maximum bonding capacity.

L. Other Applicable Forms as Specified in Solicitation

STANDARD VENDOR REQUIREMENTS

1. Responsiveness of Quotes / Orders - All quote requests must be addressed and responded to within forty-eight (48) hours. Orders must be confirmed with LCS staff with an estimated lead time or notification of non-fulfillment.

2. Delivery Time / Location - Vendor must be flexible with delivery times and locations for all products/services. The Grounds Department will coordinate both time and location for each purchase order placed.

3. Billing / Pricing Accuracy - Vendor shall bear any, and all costs associated with freight and delivery. All invoices shall be sent promptly after completion of job/service or receipt of good/items and must be accurate to proposed pricing to LCS.

SERVICES REQUIRED

The purpose of this Invitation to Bid (ITB) is to solicit competitive bids to provide the following on an as needed basis:

• New playsets

• Shading structures

• Safety surfaces

The selected vendor will provide installation and repairs, where applicable, throughout the School District.

Playground equipment must meet or exceed Consumer Products Safety Commission Guidelines and ASTM Standards. IPEMA Certification is desired, but not required. The selected vendor must supply WRITTEN FACTORY CERTIFICATION that they are certified/authorized to install playground equipment as required by the manufacturer. Failure to supply this documentation with the bid proposal may result in bid rejection.

The selected vendor shall adhere to the following:

General Requirements:

1. No part of this contract shall be subcontracted without the expressed permission of the Grounds

Department. Any request to subcontract must be in writing.

2. Installation and repair services must be according to relative industry standards such as National

Playground Safety Institute.

3. Fall zone material and installation must meet industry related standards to include CPSC and ASTM.

4. Use zones will be sized 26' 6" x 31' 4" (Size for Aged 2-5 years) or 31' 6" x 45' 6" (Aged for 5-12 years) or greater, if applicable.

5. Supply only Certified Playground Mulch – Engineered wood Fiber (EWF).

6. Provide and install black plastic boarders to retain safety surfacing.

7. Adhere to School Board policies and regulations while on any School Board property.

8. Coordinate with Grounds department for “LOCATES”.

9. Work shall be performed under a no cost permit issued through the District’s Permitting Department.

10. All work must be inspected prior to approval.

11. Payment(s) will be based on successful inspections.

12. Hold an Occupational License. In accordance with Florida Statutes 205.065, a current Department of

Professional Regulation certificate may be provided in lieu of a Lake County Occupational License, with the copy of the Occupational License of home state/county/city.

13. If freight charges or delivery fees apply to any products listed, it must be included in the bid price.

INSTALLATION / REPAIR:

1. Installation/inspection of finished project of playgrounds must be coordinated with the Project

Manager, Supervisor of Grounds Maintenance and Principal at each school site.

2. Obtain playground permit before installation.

3. Provide a minimum of forty-eight (48) hours advance notification of delivery of all freight carriers.

4. Check in/out at the school’s front office of work site upon arrival and departure.

5. Installation will include but not limited to:

• Any site preparation

• Border around EWF

• Removal and disposal of refuse

• All rubbish, scrap, etc., shall be removed from the premises and shall NOT be deposited in a

SCHOOL BOARD dumpster unless a construction dumpster is supplied by the SCHOOL BOARD

6. Be responsible for supplying all labor, materials, and equipment required for the off-loading, unpacking, uncrating and installation of items as directed per quote, at all delivery locations, without assistance of School District personnel with the exception of deliveries to our School District Warehouse.

7. Be responsible for unpacking, uncrating and installation at job site in accordance with specifications.

8. All equipment/products must be approved by our Risk Management and/or Grounds Departments.

9. Each Foreman on site supervising installation must have NPSI (National Playground Safety Institute) certification or at least one member of the crew on site must have NPSI certification.

10. Maintain secure storage not accessible to students.

11. Be responsible for the protection of all buildings, structures, and utilities that are underground, above ground to facilities.

12. Make whole any and all damage to grounds, underground utilities, buildings, shrubbery, District owned or leased equipment.

13. At time of final inspection, provide a signed letter stating, “This equipment has been installed according to manufacturer’s specifications”.

14. Provide the following information to Supervisor of Grounds Maintenance after installation of playground equipment:

• Copies of all blueprints

• specifications

• manufacturer’s instructions

• extensive parts list, warnings, and any other documentation deemed appropriate by the School

Board Grounds Maintenance Department

15. Provide the following at final inspection in order to receive project payment:

• Certification of proper installation following final inspection, including the certification of the location as required by current ASTM F1487 and CPSC guidelines.

• Sign-off letter stating the date of final inspection, problems found (if any), and repairs made.

SURFACING PRODUCTS (POUR-IN-PLACE and UNITARY)

Must meet or exceed the following criteria:

1. Bonded rubber Poured-In-Place or Unitary

a. Polyurethane.

b. Blend of 100% recycled SBR (styrene butadiene rubber) and urethane.

2. Shock Attenuation (ASTM F1292):

a. Gmax: Less than 200.

b. Head Injury Criteria: Less than 1000.

c. Flammability (ASTM D2859)

d. Tensile Strength (ASTM D412): 60 psi (4113 kPa).

e. Tear Resistance (ASTM D6240: 140%

f. Water Permeability: 0.4 gal/yd2/second.

3. Accessibility: Comply with requirements of ASTM F1951.

4. Required mix proportion by weight:

a. Base Mat: 16+% urethane (as ratio: 14% urethane divided by 86% rubber). 14% urethane, 86% rubber (based on entire rubber & urethane mix).

b. Top Surface: 22% urethane (ration: 18% urethane divided by 82% rubber). 18% urethane, 82% rubber (based on entire rubber & urethane mix).

5. Must meet current ASTM specification for determination of accessibility to surface systems under and around playground equipment.

6. Attach to the bid a price table for surfacing product and must be included in your bid response stating:

a. List pricing based on thickness and color options.

b. This price sheet may not contain other terms and/or conditions.

c. Your company name must clearly be indicated on the price sheet.

d. Prices must be stated per square foot and must include all materials, adhesives, non- woven geotextile membrane, delivered, supplied and installed.

7. Must submit manufacturer’s specification product data sheet.

ADDITIONAL REPAIRS

Hourly rates will be provided for repairs of playground equipment. Repairs shall be made by an active Certified National Playground Safety Inspector which has been approved and certified by the manufacturer to make repairs on specific brands of equipment. Component parts shall be bid on an as needed basis.

PRODUCT LIABILITY

1. The manufacturer must immediately notify the School Board of Lake County, in writing, of any product defects or safety code violations that they become aware of after equipment is installed on School District property as a result of this contract. This notification must be sent by certified mail to: School Board of Lake County, Attn: Procurement Services, 29529 CR 561, Tavares, Florida, 32778.

2. It is further agreed by all CONTRACTORS signing this bid that title to all items ordered, remain with the CONTRACTOR until received and accepted by the School Board of Lake County. CONTRACTOR is required to file all claims for damages/shortages etc.

ADDITIONAL WARRANTY

CONTRACTOR/installer shall guarantee entire installed system to be free of defects in workmanship and materials for a period of at least three years from date installation is accepted. CONTRACTOR and/or installer shall repair and/or replace, at no cost to the School District, any defects or malfunctions noted during the warranty period and shall in addition transfer any manufacturer’s guarantee for CONTRACTOR/installer furnished equipment extending beyond this contract period to the owner.

CONTRACTOR shall include copy of Manufacturer’s Warranty with submittal.

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. LOCAL PURCHASING: The School Board recognizes its position as a major purchaser in this community, and while it is the intention of the Board to purchase materials and supplies of quality at the lowest possible cost through widespread competition, if all other considerations are equal, the Board prefers to purchase from businesses located in Lake County "local businesses".

Preference for Florida Businesses in Awarding Printing Contracts

When awarding a contract to have materials printed, the District shall grant a preference to the lowest responsible and responsive vendor having a principal place of business in Florida. The preference shall be five percent (5%) if the lowest bid is submitted by a vendor whose principal place of business is located outside of Florida and if the printing can be performed in Florida at a level of quality comparable to that obtainable from the vendor submitting the lowest bid located outside of Florida.

The Board will not request documentation of, consider or give preference to a vendor based on, the vendor's social, political, or ideological interests.

Preference for Florida Businesses in Competitive Solicitations

When the District is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the District shall award a preference to the lowest responsible and responsive vendor having a principal place of business within Florida, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business.

http://www.sunbiz.org/

In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside of Florida and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this Florida shall be five percent (5%).

Preference for Business in Lake County Florida

NOTE: the preference for business in Lake County Florida does not apply to construction projects funded through State appropriations.

Local Lake County vendors may qualify for a maximum of additional five (5) points (or percent) to their final score. To qualify for local Lake County Vendor preference points, vendors must include all valid required documentation meeting County and Local City requirements in their bid package. If the required documentation is not included in the bid package, vendors will not be considered for the Local Lake County vendor preference. Qualifying for local Lake County Vendor preference will only considered for the Prime vendor.

The points will be allocated as follows:

A. Vendor must have a fixed office or distribution point located in and having a street address within Lake County for at least twelve (12) months immediately prior to the issuance of the request for competitive bids by the district. (Maximum allocation: 1 point/percent)

B. Number of employees that currently reside in Lake County, FL as follows:

1 point/percent; 1-10 employees 2 points/percent; 11 or more employees

In addition to the number of employees, please include the length of employment for each employee with your company.

C. Points/Percentages will also be assigned based on the amount of Ad Valorem Taxes to Lake

County Public Schools the prime vendor has paid. The points/percentages will be allocated as follows:

1 point/percent; $500 - $5,000 2 points/percent; $5,001 or more

Attach copies of the two (2) most recent years of your Business “Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments”.

Note: Tax bills can be found at https://lake.county-taxes.com/public. If a party knowingly submits false information that causes a higher score to be awarded during the evaluation process, and the false representation is discovered during the bid period, the vendor will be disqualified. If the vendor has already been awarded the bid and is under contract with the School Board, then their actions will constitute a Breach of Contract, and the School Board will reserve the right to terminate the contract, assess punitive damages in the amount of TBD, or other damages as deemed appropriate by the School Board.

https://lake.county-taxes.com/public

In the event two (2) or more local vendors present exact tie low bids and the dollar award is not a criterion, the successful bidder shall be selected by applying the following criteria in order:

A. Drug-free workplace program in accordance with Florida law B. Minority business enterprise (MBE) certified by the State of Florida Office of Supplier Diversity C. Veteran business enterprise, certified by the State of Florida Department of Management

Services D. Coin flip or other method the Board may select

When two (2) out-of-District vendors submit identical low bids, the criteria noted above shall be used to determine the successful bidder.

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 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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…