25260071B-VG_–_Ice_Cream_&_Frozen_Treats__-_Bid_Doc.pdf

(Rev. 2-01-22)

INVITATION TO BID AND BIDDER’S ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT: Victoria Gonzalez, Procurement Agent III Thursday, February 19, 2026 Phone: 407-320-0262, Email Address: gonzalvm@scps.k12.fl.us

BID NUMBER AND TITLE:

ITB 25260071B-VG – Ice Cream & Frozen Treats

BID DUE DATE & TIME

April 2, 2026 by 11:00 A.M. EST

Bid opening will be via WebEx and dial-in only at meeting number (access code): 2301 597 8070, meeting password: MPeiSR4Dx86 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 – February 24, 2026 at 11:00 AM EST, via WebEx and dial-in only at WebEx meeting number (access code): 2304 863 4335, password: rgUFEzt8Y53 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 61,000 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 to the responsive and responsible bidder who can provide Ice Cream & Frozen Treats to the Red Apple Dining Department & School Culinary Programs for the School Board of Seminole County.

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 May 12, 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 3, 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. Delivery location will be determined at the time of order placement to Seminole County, Florida.

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.

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II. SPECIFICATIONS / SCOPE OF WORK

The scope of this agreement shall require the vendor to deliver ice cream to each individual designated Red Apple Dining campus restaurant on a scheduled basis. Currently, all elementary and middle school campuses and two high school campuses offer ice cream. It shall be the responsibility of the vendor to provide all supervision, labor, packing, handling, delivery, and other services that are necessary for the proper execution and performance of contract. The vendor shall devote, and cause its personnel to devote, such time, attention, best skill and judgment, knowledge and ability as is necessary to perform all services in a manner that is safe, effective, efficient, environmentally acceptable, compatible with industry standards and compliant with all regulatory requirements.

1. GENERAL.

A. All items furnished on this bid shall be identified as having been officially inspected for wholesomeness and sanitation under a Federal or State regulation program and meet the requirements of Seminole County Health Department.

B. The vendor shall provide separate monthly and year-to-date utilization reports by items of units and dollars for the current year and previous years as requested. Red Apple Dining may require reports for each campus restaurant as well as for Red Apple Dining as a whole.

C. Provide a copy of a current inspection report from the Health Department at the time of your bid submission.

Any future inspection reports from the Health Department during the terms of this contract will be provided to Red Apple Dining.

D. Adherence to the local preference regulations surrounding National School Lunch Programs dictates Federal Buy American provisions, Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998, for domestic agricultural and food products.

2. QUALITY ASSURANCE.

A. The vendor shall have in place a system that provides for quality control and the delivery of product at consistent and specified quality levels and a system of safety and sanitation inspections assuring the delivery of product free from contamination and product degradation.

B. The successful vendor and/or his delivering carrier shall utilize properly insulated, mechanically cooled, thermostatically controlled equipment. The proper temperature of 35 to 38F degrees will be maintained for cooler (non-frozen) products and 0 (zero) F degree or below for frozen food items. This shall be evident upon its arrival at the campus restaurant. All frozen food items must be delivered in a clean, dry container in a hard frozen state.

C. The net product content will be displayed on the exterior of all shipping containers of all products delivered.

D. All lots shall bear the correct commercial label that conforms to the brand being bid.

E. The vendor shall indicate in their proposal the brand or trade name by which the product offered is identified.

F. In the event of an award, deliveries must be identified by the brand or trade name of the packer as submitted by the vendor in his Bid, unless otherwise specifically approved and authorized.

PRODUCT SPECIFICATIONS. All ice cream products shall be individually wrapped and meet the USDA Smart Snack Guidelines (< 200 calories, < 200 mg sodium, < 35% of calories from fat, < 10% calories from saturated, zero trans-fat, and < 35% of weight from total sugars in food). Grain products must be made with 50% or more whole grains by weight or have the whole grain as first ingredient. These products should also exclude the 6 sweeteners the FDA lists as food additives (Aspartame, Acesulfame Potassium, Sucralose, Neotame, Advantame, and Saccharin).

A. The successful vendor will provide ingredient and nutritional information on all products.

B. All snack items delivered must be labeled in compliance with the Fair Packaging and Labeling Act. All products must be safe and wholesome, must be free from chemical, bacterial and physical adulterants, must meet all State and Federal regulations governing that food must be properly represented in labeling and must meet all label claims associated with the product. All items must be in the original, non-priced descriptive packaging.

3. SAMPLES REQUIREMENTS. Samples are required for all products offered. Additionally, Red Apple Dining may request samples of products for review that have been approved and purchased previously for any reason.

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The vendors must coordinate delivery of samples with the Purchasing Department. All samples must be in the same case size and packaging as our campus restaurants and guests would receive.

4. ORDERING. Items shall be ordered by the restaurant manager at each campus restaurant on an “as needed” basis for the term of the contract.

5. DAMAGED ITEMS. In the event an item or items is received, and it is later determined there is concealed damage when the item or items is unpacked, the item or items must be replaced by the awarded vendor at no cost to Red Apple Dining. Any frozen product that has thawed and/or shows signs of thawing and re-freezing would fall in the above category.

6. QUANTITY. The estimated annual quantities that may be purchased are shown on the Price Schedule (Attachment B-Price Schedule). Please note that these are estimates only and in no way obligates Red Apple Dining to purchase these amounts. These estimates are intended as a guide in submitting your bid. The actual quantities purchased under this bid may be higher or lower.

7. DELIVERY.

A. There is approximately 1 stop per participating campus restaurant each week for 39 school weeks; the total number of stops per year is approximately 2,000.

B. To remain in good standing, the awarded vendor must deliver all items on the approved scheduled delivery day, at a minimum monthly average accuracy level of 99 percent of the order lines or at a lower level of acceptable accuracy at the discretion of Red Apple Dining.

C. If Red Apple Dining chooses to provide keys (gate or building) to the awarded vendor, they will be required to sign a Key Acknowledgement form prior to receiving these keys. The keys are to solely provide services to Red Apple Dining and should not be used to access other areas of the school’s campus. Upon receiving the keys, the vendor acknowledges the responsibility for any damage or loss that occurs during delivery.

Duplication of SCPS Keys is prohibited and the issued sets cannot be possessed by outside parties. All vendor representatives must have a visible SCPS vendor badge while on campus and secure all gates/doors when not in use. Gates cannot be left open and doors cannot be propped while deliveries are being made. If these keys are lost or damaged, Red Apple Dining must be contacted right away. If lost, rekeying of affected locks will be performed at the vendor’s expense.

D. Deliveries shall be made Monday through Friday, between the hours of 6:30 a.m. and 2:00 p.m., except where agreed upon by the Red Apple Dining Purchasing and Logistics Specialist. All items shall be “inside” delivery using a hand truck or dolly. Delivered products shall be placed in the designated areas, such as the ice cream freezer at each campus restaurant.

E. Delivery frequency may be adjusted as business dictates, as mutually determined by the awarded vendor and Red Apple Dining Purchasing and Logistics Specialists.

F. No separately negotiated delivery schedules are to be made between delivery driver and restaurant manager.

All "special" arrangements will be made between the vendor management and the Red Apple Dining Purchasing and Logistics Specialists.

G. The awarded vendor will furnish ice cream in the required amounts for each school year of the contract, which begin July 1st and end June 30th each year. See the school calendar at https://www.scps.k12.fl.us/124364_2

H. The awarded vendor shall supply a proposed delivery schedule at least two (2) weeks prior to the opening of each school year.

I. Deliveries will be made once a week. If a designated delivery day is a holiday or an in-service day, the delivery will be made the following school day or a day arranged in advance with the Purchasing and Logistics Specialist.

J. The beginning and ending of each school day are to be avoided due to an increase in traffic on campus.

K. The successful vendor will provide delivery and service with company employees and company owned and insured vehicles and equipment. Subcontracting will not be allowed.

https://www.scps.k12.fl.us/124364_2

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8. PROVISION OF FREEZER CHESTS. The successful vendor shall supply sufficient ice cream freezer chests to each Red Apple Dining campus restaurant engaged in the sale and storage of any product furnished as awarded. Current needs include 56 freezers at 52 campuses. Additional freezers may be requested for new campus selling locations.

A. The vendor retains the responsibility to ensure all freezers are in correct operational condition at all times during the life of the contract. Maintenance, service, delivery and removal of the freezers shall be the responsibility of the vendor and at no expense whatsoever to the school or the School Board.

B. Freezer chests furnished must hold a temperature of 0° F when closed and have proper fitting gaskets and lids.

C. All freezers will be equipped with security hasps and casters. The vendor shall provide its own locks and make keys available to the restaurant manager. Casters shall have locking devices to prevent rolling when in use.

D. The vendor shall accommodate size of freezer to usage volume of campus restaurant accordingly and in a timely manner.

E. Product loss, due to the malfunction of the freezers will be the vendor’s responsibility. The vendor shall not be held responsible in the event of loss of product due to power failures.

F. Ice cream freezer chests shall not be installed or removed from SBSC property without approval from the Red Apple Dining Purchasing and Logistics Specialist.

9. ADDITIONAL PRODUCTS. If during the contract period, new Ice Cream and Frozen Treat products become available that may be evaluated by Red Apple Dining, such items may be added to this contract if determined by Red Apple Dining and Purchasing Departments that it would be in the best interest of the District. Any products added during the term of this agreement must be in the form of a written amendment prepared by the Purchasing Department and signed by the Superintendent and Director of Red Apple Dining.

10. TRANSPORTATION COSTS. Prices quoted must include all delivery, transportation, handling and offloading of product as required.

11. INVOICING. At the time of delivery to schools, the vendor's invoice shall be left with the restaurant manager. The restaurant manager or designee must sign all invoices. Red Apple Dining pays accounts from invoice after approval.

Invoices must be legible with the unit price listed, accurate price extensions and any adjustments notated.

A. Any credits, item shortages or rejected items will be notated on the invoice and the total adjusted accordingly on the invoice and corresponding statement.

12. REPORTING. The vendor shall provide a digital statement and digital copy of each invoice from the prior week no later than Tuesday of the week following the delivery. The reports will be emailed to dsaccounting@myscps.us.

A. The preferred format for the statement would be a .csv file in Microsoft Excel.

B. The preferred format for the invoice would be a .pdf file.

13. PLANT INSPECTION. Red Apple Dining reserves the right to inspect the proposer’s facilities at their discretion prior to award and the facilities of the awarded contractor at any time during the term of this agreement.

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mailto:dsaccounting@myscps.us

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

1. Exhibit D, Inventory of Submitted Samples: A sample must be submitted before the SAMPLE DEADLINE.

This form is posted as a separate document to Vendor Link.

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

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

(Exhibit B will be posted to Vendor Link after sample evaluation. Only approved samples will be listed.)

4. “Authorized Reseller Letter” for each manufacturer a bid has been submitted for on Exhibit B, Price Schedule.

5. Attachment – “A,” Certification Regarding Drug-Free Workplace USDA Form AD-1049

6. Attachment – “C,” Certification Regarding Debarment USDA Form AD-1048

7. Attachment – “D,” Conflict of Interest & Non-Collusive Affidavit

8. Attachment – “E,” Scrutinized Company Certification

9. Attachment – “F,” Certification Regarding Lobbying & Disclosure of Lobbying Activities

10. Attachment – “G,” Emergency / Storm Related Catastrophe Agreement

11. Attachment – “H,” Bidder’s Statement of Principal Place of Business

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

13. Attachment – “K,” State Required Language – Florida Department of Agriculture & Consumer Services

14. Addenda, if applicable - Signed by the Bidder

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

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

17. Provide a copy of a current inspection report from the Health Department.

**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.

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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. 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.

4. 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.

5. 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.

6. 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;

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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.

7. 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.

8. 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.

9. 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 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.

10. 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.

11. 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.

12. 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

ITB 25260071B-VG Page 9 of 35 Ice Cream & Frozen Treats 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 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.

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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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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;

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

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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:

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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

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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.

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.

25. 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.

26. 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.

27. 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).

28. 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”).

29. 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.

30. 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 mailto:carolyn_bedsole@scps.k12.fl.us http://www.sunbiz.org/

ITB 25260071B-VG Page 13 of 35 Ice Cream & Frozen Treats 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 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.

SAMPLES ARE DUE TO PRUCHASING BY THE SAMPLE DEADLINE OUTLINED IN EXHIBIT “A” –

TENTATIVE SCHEDULE OF EVENTS.

DETAILS REGARDING THE PROCESS FOR THE SUBMISSION OF SAMPLES IS OUTLINED IN EXHIBIT

“D” – INVENTORY OF SUBMITTED SAMPLES.

31. 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…