25-0701-B-KK948_Charter_Bus_Service_-_Invitation_to_Bid.pdf

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

INVITATION TO BID (ITB)

25-0701-B-KK948 – Charter Bus Service

The School Board of Lake County Schools District, Florida is issuing an Invitation to Bid (ITB) seeking submittals from qualified vendors to provide Charter Bus Service. The intent of this solicitation is to select multiple vendors to provide these services on an as needed basis. 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: Kimberly Kilmartin E-mail: KilmartinK@lake.k12.fl.us Phone: (352) 253-6767 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: July 3, 2025 Questions Deadline: July 11, 2025 @ 2:00 PM EST Last Day for Addendums: July 15, 2025 Due Date/Time: July 28, 2025 @ 2:00 PM EST Award Recommendation Posting: July 29, 2025 Board Action: August 25, 2025

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:kilmartink@lake.k12.fl.us

25-0701-B-KK948 Charter Bus Service

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.

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, July 28, 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 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 http://(www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ 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. Affidavit of Compliance Jessica Lunsford Act

SERVICES REQUIRED

1. SCOPE: Lake County Schools is looking to establish contracts with a pool of reliable commercial bus transportation services for field trips, athletic activities, and extracurricular activities district wide, on an as needed basis.

Service will be utilized only with vendors who have been approved by Lake County Schools Risk Management Department. Approval will be granted only upon submission of all required vendor paperwork including:

• A current certificate of insurance evidencing $1,000,000 in Auto Liability coverage that names us as Certificate Holder and Additional Insured, a current COI on file with Risk Management each year to remain on the approved list.

• A completed and signed Jessica Lunsford Act Affidavit of Compliance to be signed by owner/officer acknowledging that staff, contractors, agents, and/or volunteers have successfully met all Level 2 Screening requirements imposed by the Jessica Lunsford Act.

Vendors shall provide a list of current, badged drivers when requested by the District.

Vendors shall only accept signed confirmations/orders from an authorized district representative, including Principals, Directors, Assistant Superintendents, and Superintendent. A list of these district representatives will be provided to all awarded vendors. All other district employees are not authorized to sign confirmations/orders and vendors must not accept confirmations/orders signed by unauthorized individuals. Any vendor attempting to subvert this requirement may be removed from the contract.

Unauthorized subcontractors shall not be used. Per the terms and conditions of this bid specification, an awardee may utilize other awardees of this bid during the contract period.

2. SERVICE REQUIREMENTS

A. Every effort will be made to book trips a minimum of seven (7) days in advance of scheduled departure. Vendor must confirm all arrangements with school contact/originator within two

(2) business days. A final itinerary must be sent no later than seven (7) days prior to departure for confirmation by school or district representative, unless trip is booked less than seven (7) days in advance, in which a final itinerary must be sent for confirmation prior to the date of the scheduled trip.

B. Trip cancellations made less than 72 hours before the scheduled event may be subject to a flat cancellation fee as listed in the bid price schedule, regardless of the number of buses scheduled. Under no circumstances shall the vendor cancel a scheduled trip once confirmation is forwarded.

C. Buses/Vehicles and personnel must arrive at the pickup site a minimum of 30 minutes prior to scheduled departure. This time should be included in the price schedule.

D. Should a trip be late due to the fault of the vendor and cause 25% or more of the scheduled activity to be missed, the vendor will be liable for additional costs incurred by LCS, to include, but not limited to: registration fees, attendance fees, lodging, meals, ticketing, etc. and the vendor shall refund one hundred percent (100%) of the charter bus fee.

E. All charters should be contracted for a minimum of four (4) hours, unless specifically scheduled for a drop off/pick up service, meaning the bus is not on site and trip participants belongings are not stored on the bus. On site bus requirements for trips less than 10 hours shall be determined by the contracting school or department. Buses/Vehicles must remain with the passengers on extended trips of 10 hours or more or for trips of any duration beyond a 150-mile radius. On all extended/overnight trips, the contractor must plot the trip from the school to the destination point(s) and must provide at least one copy for the school. On extended/overnight trips, the District will provide appropriate accommodations for the driver(s).

F. In the event of emergency deviation or unforeseen delay from itinerary, mechanical breakdown of the bus, or a traffic accident, the driver is to immediately contact the school principal or principal’s designee as listed on the itinerary specifications. In the event that additional food or lodging becomes necessary due to breakdowns or mechanical problems, or due to the inability of the vendor to perform contracted services, the vendor shall be liable for any and all costs associated with these additional accommodations for students and staff.

G. In the event that a bus is needed immediately (less than 4 hours’ notice), due to a cancelation of other transportation for instance, district staff will reach out to multiple companies and book based on availability and response time. Vendors will not be penalized if unable to provide transportation with such short notice.

3. DRIVER & PERSONNEL REQUIREMENTS

A. Drivers must be clean and neatly attired, wearing a standard company uniform with visible patch or emblem on shirt that clearly identifies the company name, and a photo ID card identifying the full name of the driver. They must carry a company or personal credit card (or cash) adequate to refuel or make necessary emergency repairs. Under no circumstances will a school, student, or staff member advance funds during a scheduled trip (including gratuities).

B. Drivers must always wear the LCS-vetted vendor badge in accordance with Jessica Lunsford Act requirements.

C. Drivers must be qualified, licensed and possess a current CDL with a passenger endorsement.

Drivers must possess a clean driving record as verified by a license check. License checks must be verified every six months and be available for review by the Districts’ Risk Management Department. Vendors shall not use drivers who have suspended or revoked licenses.

D. Vendors must ensure that each driver is adequately trained before transporting students.

Drivers shall operate the buses in a careful, safe and non-aggressive manner, and observe all driving rules and regulations, exercising at all times the highest degree of care.

E. All drivers must have a valid medical certificate.

F. Vendors must be in strict compliance with the Omnibus Transportation Employee Testing Act of 1991 as well as 49 CFR Part 40 (Drug and Alcohol Testing Requirements) and 49 CFR Part 391 (Driver Qualification).

G. All drivers, who may be assigned to work under this contract, must not have been convicted of any of the following:

1) Any felony

2) A misdemeanor involving sexual assault, obscenity and related offences, drugs, moral turpitude, physical or sexual abuse or neglect of a child or an equivalent offense in another state.

H. All drivers, who may be assigned to work under this contract must not be listed in any sexual offender registry.

I. All drivers, who may be assigned to work under this contract, must not have been, convicted of a charge of driving under the influence of intoxicating liquors or drugs, convicted of a felony, or assigned to any alcohol safety action program or driver alcohol rehabilitation program within the last (3) three years. Drivers assigned to work under this contract must not have been convicted of two or more moving traffic violations or have not been required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles within the preceding twelve (12) months.

4. BUS/VEHICLE REQUIREMENTS

A. The contractor shall provide year 2000 or newer Commercial Buses, and all equipment, labor, materials, services, supervision, and personnel necessary to provide motor coach transportation services. Older models are not acceptable

B. Buses must be capable of carrying 16 passengers or more. Prohibited vehicles include mini vans and passenger vans capable of seating more than nine passengers, and sport utility vehicles (SUV’s) with a wheelbase of 110 inches or less.

C. All buses shall have functioning air-conditioning, restroom facilities, and handicap accessibility.

Restrooms shall be thoroughly cleaned and sanitized prior to pick up. Prior to leaving the depot, the vehicle must be thoroughly checked to ensure that air conditioning and other comfort items are in proper working order and that there are not deficiencies that would compromise safety or reliability.

D. An adequate number of spare vehicles must be maintained to ensure continuity of service in the event of a breakdown, mechanical failure, or emergency. In the event of any incident or delay, the driver(s) are to immediately contact the site administrator or designee.

E. Vehicles must be clearly identified with the vendor’s name, and vehicle number; they must be clean, both inside and outside, have a full tank of fuel upon arrival at the school site and be cellular telephone or two-way radio equipped.

F. All vehicles must meet or exceed all applicable Federal and State of Florida Motor Vehicle Safety Standards and The Florida Department of Education Standards for student transportation.

G. Vehicles used for charter bus service must have DOT Inspection Certificates submitted with bid documents, to include VIN#, Make, Model, Year and Passenger limit for each vehicle. As fleet changes occur, current documentation must be provided for each vehicle. The vendor shall possess all necessary and applicable licenses, permits and authority as may be required by federal, state or local laws for the operation of the business and its vehicles.

H. All vehicles used in the execution of this contract must be routinely inspected and properly maintained in accordance with the manufacturer’s suggested standards and State and Federal regulations. Maintenance records shall be maintained by the vendor and be available for audit upon request.

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 or other term.

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. BID SUBMITTAL FORM (See Submittal Requirements on page 3 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.

3. 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.

4. 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.

5. 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.

6. 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. The Board reserves the right to add additional awardees to add additional vendors to the award after it has been awarded, if all awarded contracts are unable to meet the districts demand.

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 http://www.sunbiz.org/ 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

7. 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.

At any time during the contract term, if an awarded vendor fails to keep a certificate of insurance showing the minimum required insurance, and or

8. 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.

9. 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.

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…