(Rev. 2-01-22)

INVITATION TO BID AND BIDDER’S ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT: Travis Loyd, April 13, 2026 Procurement Agent II, 407-320-0375, Email Address: Loydtz@scps.k12.fl.us

BID NUMBER AND TITLE: ITB #25260062B – TL Athletic Field Maintenance, Fertilization, and Pest Control

BID DUE DATE & TIME

May 12, 2026, by 12:00 P.M. EST Bid opening will be via WebEx and dial-in only at meeting number (access code): 2317 627 0747, meeting password:

quMhJfvm328 or call 1-415-655-0003.

NOTE: BIDS RECEIVED AFTER THE BID DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-BID MEETING DATE & TIME: Voluntary – April 20, 2026, at 10:00 AM EST, via WebEx and dial-in only at WebEx meeting number (access code): 2315 110 0087, password: EcZup7Hi5D3 or call 1-415-655-0003.

The School Board of Seminole County, Florida, solicits your company to submit a Bid on the above-referenced goods and/or services.

All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A Bid will not be accepted unless all conditions have been met. In the event of a conflict between the General Purchasing Terms and Conditions and any subsequent Special Conditions included herein or attached hereto, the Special Conditions will have precedence. All Bids must have an authorized signature in the space provided below. All Bids must be received in the Vendorlink portal, www.myvendorlink.com, by the “Bid Due Date & Time” referenced above. The School Board is not responsible for bidders’ failure to upload their bids by the due date and time.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS WILL NOT BE

ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE BIDDER.

LEGAL NAME OF COMPANY (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

FLORIDA DIVISION OF CORPORATION DOCUMENT NUMBER: ___________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL: _________________________________________________________

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER BIDDER SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS BID AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS BID

FOR THE BIDDER.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________ PRINTED NAME: _____________________________________________________

TITLE: DATE:

THE SCHOOL BOARD OF SEMINOLE COUNTY FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 East Lake Mary Boulevard Sanford, Florida 32773-7127

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I. SPECIAL CONDITIONS

1. INTRODUCTION. Seminole County Public Schools (SCPS) is the 13th largest school district in Florida and is 57th nationally with more than 59,000 students and 7,000 employees. SCPS is a leader in education throughout Central Florida and the State and is widely recognized as a Premier National School District. SCPS consists of 37 elementary schools, 12 middle schools, nine (9) high schools, six (6) special centers, a virtual school, and four (4) charter schools.

The purpose of this ITB is to award a contract [or to issue multiple awards] to the responsive and responsible bidder(s) who can provide comprehensive Pest Control and Fertilization Services for School Board of Seminole County (SBSC)’s athletic fields. The successful bidder(s) must demonstrate a minimum of three (3) years of verifiable experience in the professional management of high-traffic sports turf. All work shall be conducted in strict accordance with licensing (Florida Pest Control Act, Chapter 482 Florida Statutes) and principles of turf grass management. All proposers shall have an active Lawn and Ornamental license from the Florida Department of Agriculture and Consumer Services, Bureau of Entomology & Pest Control. This contract encompasses the delivery of scheduled turf nutrition and pest mitigation programs, as well as specialized related services to be provided on an as-needed basis to ensure optimal field safety, playability, and aesthetic quality throughout the contract term.

2. PRE-SOLICITATION MEETING. A voluntary pre-solicitation meeting will be held for all interested Bidders on the day and time listed on page 1 of this solicitation. An overview of the solicitation process and review of scope of services will be conducted at this meeting. Any questions regarding the technical specifications shall be submitted in an email to the Procurement Agent responsible for this solicitation. Answers to these questions will be issued in the form of a written addendum.

3. TERM. This Bid will be effective upon Board approval or June 17, 2026, whichever is later, for a period of three (3) years and may be renewed for an additional two-year renewal period upon agreement by all parties. The School Board of Seminole County Florida reserves the right to cancel this contract by giving 30 days’ notice of cancellation before the end of any fiscal year that falls within the term of this contract. Please refer to Section IV(21), for multiyear agreements.

4. AWARD. Bid shall be awarded all or none, by lot, by partial lot, or by item as indicated in Exhibit B, Price Schedule, to the lowest responsive and responsible bidder(s) meeting all specifications, terms and conditions. Bidder should carefully consider each item for conformance to bid specifications. In addition, the School Board reserves the right to make multiple awards such as a primary, secondary, etc. for all items.

5. QUANTITIES / VOLUME OF BUSINESS. Quantities shown on the Price Schedule are the School Board’s anticipated needs and are not to imply or guarantee any purchase quantities during the term of this agreement.

6. SPECIAL DELIVERY REQUIREMENTS. All pricing shall be quoted FOB inside delivery to Seminole County Florida unless otherwise indicated and all items shall meet or exceed the Specifications/Scope of Work under Section III of this solicitation.

7. DELIVERY OF PROPOSALS. All proposals must be received and accepted in the Vendorlink portal, www.myvendorlink.com before the ITB Closing Date and Time to be considered.

II. SPECIFICATIONS / SCOPE OF WORK

The following is a General Scope of Work of services to provide Pest Control and Fertilizing Service for Athletic Fields.

Services shall be performed in accordance with all local, state and federal standards. All materials shall be applied in accordance with the product label.

The schools listed below may elect to utilize this bid or choose to perform some or all of the services in-house with SBSC employees.

NOTE: All work shall be conducted in strict accordance with licensing (Florida Pest Control Act, Chapter 482 Florida Statutes) and principles of turf grass management. All proposers shall have an active Lawn and Ornamental license from the Florida Department of Agriculture and Consumer Services, Bureau of Entomology & Pest Control.

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1. ATHLETIC FIELD LOCATIONS

School Location Facilities Approximate Turf Type Acreage

Hagerty High School Football Stadium 2.00 Bermuda 3225 Lockwood Blvd. Baseball Field 3.50 Bermuda Oviedo, FL 32765 Softball Field 1.50 Bermuda Athletic Field 3.50 Bermuda Additional Field 2.50 Bermuda Total 13.00

Lake Brantley High School Football Stadium 0 Artificial Turf 991 Sand Lake Road Baseball Field 3.00 Bermuda Altamonte Springs, FL 32714 Softball Field 2.00 Bermuda Athletic Field 2.00 Bermuda Additional Fields 8.00 Bermuda Total 15.00

Lake Howell High School Football Stadium 0 Artificial Turf 4200 Dike Road Baseball Field 3.00 Bermuda Winter Park, FL 32792 Softball Field 2.00 Bermuda Athletic Field (2) 3.50 Bahia Total 8.50

Lake Mary High School Football Stadium 0 Artificial Turf 655 Longwood Lake Mary Rd Baseball Field 3.00 Bermuda Lake Mary, FL 32746 Softball Field 2.00 Bermuda Athletic Field (2) 3.50 Bahia Total 8.50

Lyman High School Football Stadium 2.00 Bermuda 865 S. Ronald Ragan Blvd. Baseball Field 3.50 Bermuda Longwood, FL 32750 Softball Field 1.50 Bermuda Athletic Field 3.50 Celebration Additional Field 2.50 Celebration Total 13.00

Oviedo High School Football Stadium 0 Artificial Turf 601 King Street Baseball Field 4.00 Bermuda Oviedo, FL 32765 Softball Field 2.50 Bermuda Athletic Field 3.50 Bermuda Total 10.00

Seminole High School Football Stadium 2.35 Bermuda 2701 Ridgewood Avenue Baseball Field 3.00 Bermuda Sanford, FL 32773 Softball Field 2.00 Bermuda Athletic Field 3.00 Bahia

Athletic Field 3.00 Bahia Total 10.35

Winter Springs High School Football Stadium 3.00 Bermuda 130 Tuskawilla Road Baseball Field 3.00 Bermuda Winter Springs, FL 32708 Softball Field 2.00 Bermuda Athletic Field (Pit) 3.00 Bermuda

Athletic Field (Cage) 3.00 Bermuda Total 14.00

Crooms AOIT Athletic Field 3.00 Bermuda 2200 W. 13th Street Total 3.00 Sanford, FL 32771 Total Acreage Districtwide 95.35

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2. FERTILIZATION – BERMUDA FIELDS (Core Contract):

A. FERTILIZATION PROGRAM:

Fertilization is to be conducted quarterly to provide measured quantities of essential plant nutrients to maximize appearance, hasten wear recovery and improve the soil for favorable turf grass growth.

Rate of Application: 1.25 pound of Nitrogen per 1,000 sq. ft.

Form of Fertilizer: Granular, well formed, uniformed particle size blend

Fertilizer Analysis Ratio: 4:1:3 w / Iron (Fe). No more than 50% “Quick Release” forms of Nitrogen. No more than 50% Water Insoluble Nitrogen (WIN) via Sulfur Coated Urea (SCU) or Synthetic Forms (IBDU, etc.).

Fertilizer labels shall be made available to the School District following application.

B. The vendor will be responsible for the proper application of fertilizer. Frequency and composition of fertilizer applications will depend upon the type of turf grass and is designated below. Extra applications per written report may be required on weak and stressed fields. Schools shall contact vendor to coordinate schedule.

3. WEED CONTROL (Broadleaf and Grassy):

It shall be the Contractors responsibility to notify a designated school representative in order to schedule irrigation requirements. The standard for weed control will depend upon the type of turf grass and is designated below. Undesirable plants growing in the turfstand are to be considered weeds for eradication.

Cultural conditions and fertility/insect control programs contribute greatly to the prevention of opportunistic weed growth.

Typical targets include:

• Broadleaf: Florida Pusley, Pennywort, Chickweed, and Spurge

• Grassy: Crabgrass, Goosegrass, Crowsfoot, and Sandspur

A weed control program is prescribed to:

• Effectively control infestations of undesirable plants (broadleaf and grassy weeds) at threshold limits.

• Not extend beyond target pests resulting in discoloration or injury to turfstand.

• Minimize hazards to human and non-target organisms.

Threshold for action: Unacceptable threshold populations exist when there are more than five (5) broadleaf weeds per 100 sq. ft. area and / or five (5) grassy weeds per 500 sq. ft.

The Athletic Director and the awarded bidder shall conduct documented quarterly walkthroughs of each field to determine the fields that are at the required threshold for treatment.

Note: Because some “weeds” are perennial, repeat applications may be required. These recommendations will be on a field by field basis only with prior approval by SBSC staff.

4. BERMUDA TURF: Shall be maintained at a 95% weed free level of controllable weeds. Controllable weeds shall include all broadleaf, grassy, and sedge weeds that can be suppressed or eradicated through single or multiple applications of selective, pre-emergent and post-emergent herbicides.

5. CLAY AREAS: Shall be maintained weed free through herbicide applications on a consistent basis.

6. INSECT CONTROL:

A. Bermuda and Bahia turf stands are susceptible to soil insect injury. The primary target pests for control are Mole

Cricket, Nematodes, Japanese Beetle Grub, Armyworms, and Sod Webworms, Fire ants, etc.

A soil pest control program is prescribed to:

• Effectively control damaging populations of soil insects at thresholds.

• Not extend beyond the target pests.

• Be prescribed for a specific control period.

• Minimize hazards to human and non-target organisms.

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Threshold for action: Application of appropriate pesticides should occur when insect populations result in damage exceeding 2,000 sq. ft. This “damage” is identifiable by localized discoloration, droughty appearance, tunneling, and/or loose sod attachment.

Note: Products containing Diazinon and Dursban are prohibited from use on SBSC Property.

B. Turf areas shall be checked weekly, by the Athletic Director during the months of May through August with the remaining months to be checked on each visit for insect damage. Proper insecticides shall be applied based on latest recommendations from the Department of Agriculture. Any turf damage, due to improper chemical application and other vendor negligence, shall result in vendor replacement of damaged areas.

C. Warning signs will be placed on fields with application date written on with an industrial marker. All containers used for mixing application will be removed from school property upon completion of job.

D. A review (walk-thru inspection) will be conducted by each school representative on each visit to evaluate potential disease, pest and or weed damage. The contractor will set aside a time frame to communicate and document with school representative the needs of the school.

E. One blanket application of Chipco Top Choice Fipronil, or equal, product will be applied in late May, or early

June, when the first signs of Nymphs appear. The field shall be closed at the time of application. The school shall activate the irrigation immediately afterwards and ensure chemicals are thoroughly irrigated at least ½ inch.

This will be at the discretion of the Principal or Athletic Director.

7. UTILITIES: Water will be made available, as necessary. Water keys shall be the responsibility of the Contractor.

Electrical power will not be furnished by the School Board.

8. EQUIPMENT: Only equipment designed for the performance of turf and landscape work described herein will be acceptable for operation. The equipment used shall be in good repair and operating condition at all times. Equipment shall meet all safety requirements as established for this type of work.

• No equipment shall be operated which damages pavement or causes mechanical damage to turf areas (ruts, skid marks, or tears).

• Any equipment left on site overnight is the responsibility of the contractor.

• No equipment shall be left blocking service access, walks, or driveways. Service and supply operations should occur so as to minimize disruption of school activities.

• All containers, packaging and used materials are not to be disposed of by the SBSC or on SBSC property.

Disposal of all containers and packaging is the responsibility of the contractor.

9. ADDITIONAL SERVICES:

A. Cultural Aeration, to assist with water movement and compaction reduction (approximate depth 3-5 inches).

B. Spike Aeration after fertilization approximate depth ¾ - 1 ½ inches) will be done at each location.

C. Verticutting is highly recommended once a year. Removal of all thatch from verticutting of fields will be the contractors’ responsibility. The school will incur all costs with this process.

A School Representative is responsible for marking sprinkler heads and boxes prior to verticutting and top dressing.

D. Nematode Control, the current product used is Curfew. The product you propose must have a proven record of successfully controlling nematodes and shall be approved, by the manufacturer and by the Scholl Athletic Director, for use on athletic fields (not just golf courses).

E. Top dressing includes sand and application.

F. Overseeding with rye grass includes seed and application.

G. Sod Replacement.

H. Field Renovations.

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I. Infield Clay Renovation including Duraedge.

J. Mound Renovations for Baseball/Softball Fields.

K. Warning Track Installations.

L. Top Dressing including Command.

M. Sports Field Mowing

N. Turf maintenance

O. Aerification/Recycling Services.

P. Top Drain Work.

Q. Hourly rate for testing, inspecting, making minor adjustments, and marking of sprinkler heads. Needed repairs shall be identified and reported to the schools.

9. NEMATODE CONTROL (once a year application)

A. Curfew is applied with coulters and knife-shanks that open the turf before injecting the fumigant at least 5 inches below the soil surface through a delivery tube located behind the knife-shank. The cut turf seam is then closed and sealed by a press-wheel, or roller drum. Injection slits usually heal and disappear about 10 to 14 days after application. Turf fully recovers from treatment in 14 to 21 days. NOTE: Only certified applicators trained and approved by Dow Agro Sciences who use the specialized equipment may apply Curfew soil fumigant, proof of this certification shall be provided upon request of the Athletic Director. Other nematode control products may be bid as an alternate.

B. Nematode Control may be awarded separately from the rest of this bid.

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III. SUBMITTAL REQUIREMENTS. The Bidder shall include the following documents with their submittal:

1. Invitation to Bid and Bidder’s Acknowledgment (on Page 1) - Signed by an authorized representative of the Bidder.

2. Exhibit B, Price Schedule - Signed by the Bidder.

3. Attachment – “A,” Drug-Free Workplace Certification

4. Attachment – “B,” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier

Covered Transactions

5. Attachment – “C,” Disclosure of any Conflict of Interest

6. Attachment – “D,” Scrutinized Company Certification

7. Attachment – “E,” Byrd Anti-Lobbying Amendment Certification (To be submitted if bid exceeds $100,000)

8. Attachment – “F,” Emergency / Storm Related Catastrophe Agreement

9. Attachment – “H,” Vendor Affidavit Regarding the Use of Coercion for Labor and Services

10. Addenda, if applicable - Signed by the Bidder

11. If a Florida Corporation, a screenshot of the company’s “ACTIVE” business entity registration through sunbiz.org.

12. If a Non-Florida Corporation (Foreign), a screenshot of the company’s “ACTIVE” business entity registration.

**MAKE SURE ALL DOCUMENTATION IS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER. FAILURE TO COMPLY MAY RESULT IN DISQUALIFICATION ON THE GROUNDS OF NON-RESPONSIVENESS TO THE REQUIREMENTS OF THE

BID.

IV. GENERAL PURCHASING TERMS AND CONDITIONS. These general terms will apply to all purchases by the School Board as a result of an award hereunder. In the event of a conflict between Section II and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence. The titles used are for convenience only; the Bidder is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County, Florida may be referred to as the “Board,” “School Board” or “SBSC” herein.

B. Contractor. For this Invitation to Bid (ITB), the word “Contractor” shall have the same meaning as “Bidder,” “Business Entity,” “Individual,” “Proposer,” “Respondent,” and “Vendor” who submits a written response to this ITB; and shall have the same meaning for any successful awardee(s) hereunder.

C. Non-Responsible. A Contractor, business entity, or individual that responds to this ITB and the response does not provide the required documentation supporting that it has the ability or capability to fully perform the requirements of the solicitation.

D. Non-Responsive. A Contractor, business entity, or individual that responds to this ITB and the response does not conform to the mandatory or essential requirements contained in this ITB.

E. Responsible. A Contractor, business entity or individual that responds to this ITB and the response provides the required documentation supporting that it has the ability or capability to fully perform the requirements of this

ITB.

F. Responsive. A Contractor, business entity or individual that responds to this ITB and the response fully conforms in all material respects to the ITB and all of its requirements, including all form and substance.

G. Solicitation. This Invitation to Bid document.

2. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise or State of Florida Sales taxes.

3. MATERIALS. Contractor shall be responsible for providing all materials at a cost-plus basis as shown on the Price Schedule, unless it is advantageous for SBSC to purchase these products directly in which case Contractor will not be entitled to recover cost of materials or any mark up. This shall be determined prior to the start of each project. When

Page 8 of 29 Last update: 7-22-25 product is purchased by SBSC, it shall be the responsibility of SBSC to ensure the products are delivered on-site in time to comply with the project schedule. Contractor must make all reasonable and legal efforts to avoid payment of sales or other taxes. Notwithstanding, Contractor is only entitled to reimbursement for sales or other taxes actually paid and may not mark up sales or other taxes paid for purchase of materials.

4. EQUIPMENT RENTALS. All equipment rentals shall be billed at cost. Contractor shall make all reasonable and legal efforts to avoid payment of sales or other taxes. Notwithstanding, Contractor is only entitled to reimbursement for sales or other taxes actually paid and may not mark up sales or other taxes paid on equipment rentals.

5. PRICE ADJUSTMENT CLAUSE. The Bid price shall remain in effect for the term of the award. A comparable price adjustment may be considered at SBSC’s sole discretion for an increase in Contractor’s cost of materials or goods provided Contractor provides sufficient documentation to justify a price adjustment. If at any time during contract performance, the unit price(s) for the material or goods, including applicable shipping or import costs, and governmental fees tariffs and taxes, increase(s) by three (3%) percent or more over the cost of the same material or goods on the date the Contractor’s bid or proposal was submitted, SBSC may agree to pay that cost increase up to a maximum of 3% of the price of the material or goods on the date the Contractor’s bid or proposal was submitted. Prior to requesting a price increase pursuant to this section, Contractor agrees to use best efforts to obtain the lowest possible prices from materials or goods suppliers and shippers and shall take advantage of every legally permissible deduction or other avenue to decrease the cost of governmental fees, tariffs and taxes. Contractor must provide written notice to SBSC prior to purchase of the materials or goods identifying the materials or goods in question, the itemized price increase being requested, the original bid cost and quantity required to complete the project, and identify the source of supply.

Contractor must provide SBSC with proposals, quotes, price sheets and other comparable documentation evidencing the original and increased costs of the materials and goods. SBSC reserves the right to make the final determination regarding the application of a price increase. If material or goods prices decrease by more than 3%, the contract price may be reduced under the same terms and conditions.

6. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

7. TRANSPORTATION AND TITLE.

A. Title to the goods shall pass to the School Board upon receipt and acceptance at the destination unless indicated otherwise herein. Until acceptance, the Contractor retains the sole insurable interest in the goods.

B. The shipper shall prepay all transportation charges. The School Board will not accept collect freight charges.

C. No premium carriers shall be used for the School Board’s account without prior consent of the Director of Purchasing and Distribution Services.

8. RISK OF LOSS. The Contractor shall assume the following risks:

A. All risks of loss or damage to all goods, work in process, materials, and equipment until the delivery thereof as herein provided;

B. All risks of loss or damage to third persons and their property until delivery of all goods as herein provided;

C. All risks of loss or damage to any property received by the Contractor or held by the Contractor or its suppliers for the account of the School Board, until such property has been delivered to the School Board;

D. All risks of loss or damage to any of the goods or part thereof rejected by the School Board, from the time of shipment thereof to Contractor until redelivery thereof to the School Board.

9. PACKING LIST. All shipments shall include an itemized list of each package contents and reference the School Board‘s Purchase Order number. No charges shall be allowed for cartage or packing unless agreed upon by the School Board prior to shipment.

10. INSPECTIONS AND TESTING. The School Board will have the right to expedite, inspect, and test any of the goods at work covered by this Bid. All goods or services are subject to the School Board’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Contractor’s risk. Such inspection, or the waiver thereof, however, shall not relieve the Contractor from full responsibility for furnishing goods or work conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or privilege the School Board may have because of the use of defective or unsatisfactory goods or work.

11. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor shall take all reasonable steps to minimize additional

Page 9 of 29 Last update: 7-22-25 costs during the period of work stoppage. The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the Bid terms and conditions.

12. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this Bid shall be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor shall take all necessary action, at Contractor’s expense, to correct such breach in the most expeditious manner possible.

13. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School Board.

14. INSURANCE. Contractors and vendors shall provide a certificate(s) evidencing such insurance coverage to the extent listed in Sections 1-5 below before commencement of work.

Insurance listed in Section 1 below is required of all Contractors and vendors: SBSC and its Board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured -– Owners, Lessees, or Contractor). If SBSC and its Board members, officers, and employees are not named as additional insureds then SBSC reserves the right terminate this agreement.

Insurance listed in Section 2 below: All Contractors engaging in construction-related activities, as defined by 440.02(8)

Florida Statutes, on behalf of SBSC are required to carry this insurance to the limit listed below. All non-construction Contractors whose work for SBSC includes products or services, and the value of these products or services are in excess of $25,000 are required to carry this insurance to the limit listed below.

Insurance listed in Section 3 below: Any Contractor or vendor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe SBSC is responsible for the work of the Contractor from portal to portal is required to carry this insurance to the limit listed below.

Insurance as listed in Section 4 below: All non-construction Contractors and vendors that have one (1) or more employees or subcontracts any portion of their work to another individual or company are required to have Workers’ Compensation insurance. For contracts of $25,000 or more, no State of Florida, Division of Workers’ Compensation, Exemption forms will be accepted. All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to have Workers’ Compensation insurance. All entities and individuals required to have Workers’ Compensation insurance must purchase a commercial Workers’ Compensation insurance policy to the limits listed below. The Workers’ Compensation policy must be endorsed to waive the insurer’s right to subrogate against SBSC, and its Board members, officers and employees in the manner which would result from the attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form WC 00 03 13).

Insurance as listed in Section 5 below: All Contractors providing professional services including, but not limited to, architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below.

All Contractors shall carry and maintain policies as described in Sections 1 to 5 below and as checked off in the box to the left of each Section 1 to 5 below. All required insurance must be from insurance carriers that have a rating of “A” or better and a financial size category of “VII” or higher according to the A. M. Best Company. All required insurance policies must be endorsed to provide for notification to SBSC thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Seminole County, Florida.

The Contractor shall, within thirty (30) days after receipt of a written request from SBSC, provide SBSC with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 12. The Contractor may

Page 10 of 29 Last update: 7-22-25 redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 12.

All insurance provided by the Contractor shall apply on a primary basis to and shall not require contribution from, any other insurance or self-insurance maintained by SBSC. Any insurance, or self-insurance, maintained by SBSC shall be in excess of, and shall not contribute with, Contractor-provided insurance.

1. Commercial General Liability Insurance:

Bodily Injury and Property Damage

Per Occurrence - $1,000,000 General Aggregate - $2,000,000

2. Product Liability and/or Completed Operations Insurance:

Bodily Injury and Property Damage

Products – Completed Operations Aggregate - $2,000,000

3. Automobile Liability:

Bodily Injury and Property Damage:

Combined Single Limit (each accident) - $1,000,000

4. Workers’ Compensation/Employer’s Liability:

W.C. Limit Required* - Statutory Limits E.L. Each Accident - $ 500,000

E.L. Disease – Each Employee - $ 500,000 E.L. Disease – Policy Limit - $ 500,000

5. Professional Liability Insurance (Errors and Omissions):

For services, goods or projects that will exceed $1,000,000 in values over a year.

Each Claim - $1,000,000

Annual Aggregate - $2,000,000 For services, goods or projects that will not exceed $1,000,000 in values over a year.

Annual Aggregate - $1,000,000

6. Environmental / Pollution Liability:

Bodily Injury and Property Damage:

Environmental / Pollution Liability Aggregate - $2,000,000

Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any required insurance provided by the Contractor pursuant to this Agreement shall be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without approval of SBSC), the Contractor shall be responsible for paying on behalf of SBSC (and any other person or organization that the Contractor has, in this Agreement, agreed to include as an insured for the required insurance) any such deductible or self-insured retention.

The Contractor shall continue to maintain products/completed operations coverage in the amounts stated above for a period of three (3) years after the final completion of the work.

Professional Liability coverage must be maintained in the amounts stated above for a two-year period following completion of the contract.

Compliance with these insurance requirements shall not limit the liability of the Contractor, its subcontractors, sub-subcontractors, employees, or agents. Any remedy provided to SBSC or SBSC’s Board members, officers or employees by the insurance provided by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the Contractor) available to SBSC under this Agreement or otherwise.

Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from the responsibility to provide insurance as required by this Agreement.

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15. SOVEREIGN IMMUNITY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of School Board’s rights and sovereign immunities under Florida Statutes. School Board damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

16. LAWS AND REGULATIONS. Contractors shall comply with all applicable federal, state and local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts. Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Contractor shall not constitute a cognizable defense against actual or potential damages caused thereby.

17. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida. In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, and Orlando Division.

18. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the School Board, its officers, employees, agents, or representatives from liability of any nature or kind, including cost and expenses for or on account of copyrighted, patented or un-patented invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the work shall be included in the price proposal of the Contractor.

19. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required shall be the responsibility of the successful Contractor; no separate or additional payment shall be made. A copy of these licenses and permits shall be submitted to the Procurement Agent prior to commencement of work. If the service(s) being provided requires that individuals or organizations be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the Bid due date and time. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

20. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All Contractor employees that require access to school campuses must be cleared by School Board or an appropriate agency and wear a School Board issued current picture identification badge. Contractors hereunder shall comply with the required background check of employees and with any requirements regarding wearing of PPE equipment as may be applicable and failure to comply shall be considered a material breach of contract. Refer to https://www.scps.k12.fl.us/88748_3 for School Board for Background Check Requirements

A. CLEARANCE BY SCHOOL BOARD. Contractor shall comply with the requirements of the Jessica Lunsford Act §1012.465 Florida Statute in regard to fingerprinting and level 2 background screenings of all applicable employees and any sub-contractor employees.

B. CLEARANCE BY OTHERS. Pursuant to §1012.468 Florida Statute, if Contractor employees have been cleared by another agency and already possess a uniform statewide identification badge issued by the agency, Contractors are required to complete the FSSR Form for School Board badging.

21. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fail to comply with any of the provisions of this Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

https://www.scps.k12.fl.us/88748_3

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1) Those goods or services actually shipped / performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

22. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a Bid or performance bond may not be required. However, upon award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available Bid price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future Bid awards for a period of time determined by the severity of the default, but not exceeding three (3) years.

C. Any other remedy available to the School Board in tort or law.

23. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

24. ASSIGNMENT. Any Purchase Order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services Department.

25. AUDIT AND INSPECTION. The School Board or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement.

Documents / records in any form shall be open to the Board's representative and may include, but are not limited to, all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the Board and the Contractor.

26. CONTRACTOR’S PUBLIC RECORDS. Pursuant to §119.0701 Florida Statutes, “Contractors” as defined by statute that enter into a contract for services with the School Board and are acting on behalf of the School Board are required to comply with public records laws and to specifically:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the School Board would provide the records and at a cost that does not exceed the cost provided by statute or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfer, at no cost, to the School Board all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the School Board in a format that is compatible with the information technology systems of the School Board.

E. If a Contractor does not comply with a public records request, the School Board shall enforce the contract provisions which may include immediate termination of contract.

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F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CAROLYN BEDSOLE,

IS PROJECT MANAGER AT 407-320-0466,

carolyn_bedsole@scps.k12.fl.us, THE SCHOOL BOARD OF SEMINOLE

COUNTY, FLORIDA, 400 EAST LAKE MARY BLVD., SANFORD, FLORIDA

32773.

27. FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS.

A. 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.

B. If the firm is not located in Florida, the firm must provide their state’s document number, and a screen shot of their current, date-identified “active” status with their submittal.

28. PUBLIC ENTITY CRIMES. A Bidder who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit Bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

29. OTHER AGENCIES. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include Public Charter Schools to participate in the contract under the same prices, terms and conditions. Further, it is understood that each entity will issue its own purchase order to the awarded respondent(s).

30. DRUG-FREE WORKPLACE. Whenever two or more Solicitations are equal with respect to price, quality, and service, a Solicitation received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at a cost of $27.00 prior to working on the School Board account. (See Attachment “B”).

31. NEW MANUFACTURE. The items Bid shall be new and currently manufactured model of the best quality and highest-grade workmanship, carry the manufacture’s standard warranty as a minimum, and be equal to the specifications stated herein. Unless stated otherwise, used, remanufactured, refurbished, or reconditioned products are unacceptable.

32. SAMPLES AND BRAND NAMES.

A. BRAND NAMES. Specifications referencing specific brand names and models are used to reflect the kind and type of quality in materials and workmanship, and the corresponding level of performance the School Board expect to receive as a minimum. Bidders offering equivalents or superior products to the brand/model referenced will: (a) reference on the Bid in the space provided the manufacturer’s name, brand name, model and/or part number; (b) next to the price Bidder will indicate “ALT” to reflect an alternate offering; (c) where no sample is provided with the Bid, Bidders will enclose sufficient technical specification sheets and literature to enable the School Board to reach a preliminary evaluation; (d) the School Board may request and Bidder agrees to submit a sample or to provide its product on-trial or demonstration, whichever the School Board may deem appropriate, at no charge to the Board; (e) the School Board reserves the right to determine the acceptability of any alternatives offered.

B. SAMPLES. Any sample requested by this Bid or to be provided at the Bidder’s option, should be forwarded under separate cover to the attention of the Purchasing and Distribution Services Department. The package or mailto:carolyn_bedsole@scps.k12.fl.us http://www.sunbiz.org/

Page 14 of 29 Last update: 7-22-25 envelope will reference the “Bid Number”, “Bid Title”, and “Bid Item Number” and clearly marked “Samples”. All samples will be provided free of charge, including transportation charges. Bidders are responsible for notifying and making arrangements for a pickup from the School Board if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the School Board.

33. SUBSTITUTIONS. Substitution of other brands for items awarded and ordered is prohibited. In the event an awarded item is discontinued by the manufacturer during the term of the contract and is not available from either the Contractor’s or the manufacturer’s inventory then the Contractor must provide written notification from the manufacturer that the item has been discontinued.