A_2025-01-ITB_Plumbing_Services_Solicitation_FINAL.pdf

SUBMIT BID TO: CITRUS COUNTY SCHOOL BOARD

C/O PURCHASING DEPARTMENT

1007 W MAIN STREET – BLDG. 200

INVERNESS, FL 34450-4625

www.citrusschools.org

INVITATION TO BID (ITB)

BID ACKNOWLEDGEMENT FORM

POSTING DATE: May 2, 2024 PROCUREMENT CONTACT:

Shawn Owen, Purchasing Specialist owens@citrusschools.org

BID NUMBER AND TITLE:

2025-01-ITB

Plumbing Services

BID DUE DATE & TIME:

Thursday, May 23, 2024 @ 2:30 PM

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

QUESTION DEADLINE:

Monday, May 13, 2024 @ 12:00 PM

RESPONDENT MUST FILL IN THE INFORMATION LISTED BELOW AND SIGN WHERE INDICATED FOR BID TO BE CONSIDERED. The signing of this bid form certifies acceptance of this solicitation’s terms, conditions, specifications, exhibits, attachments, and addenda released hereto. This form and the accompanying documents constitute a firm offer from the Respondent.

Company Name ___________________________________ FEIN ___________________________

Address _______________________________________ Telephone _______________________

City ___________________ State ________ Zip __________ Fax _______________________

E-Mail _________________________________________ E-Verify Number _____________________

Signature of Owner or

Authorized Officer/Agent ___________________________________ Date ____________________

Type Name of Above _______________________________________

PURCHASING CARDS: District personnel may choose to use a Visa Purchasing Card in place of a purchase order to make purchases from this Bid. Unless exception to this condition is checked below, the Respondent, by submitting a Bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card. Refusal to accept this condition may cause your Bid to be declared non-responsive.

☐ I do not accept the above condition

STATEMENT OF NO BID: I hereby submit this as a “NO BID” for the reason(s) checked below:

☐ Insufficient time to respond ☐ Could not meet Insurance requirements ☐ Addenda were received too late to respond ☐ Could not meet bonding requirements ☐ Could not meet specifications ☐ We do not offer the product or service requested ☐ Specifications were unclear or restrictive ☐ Our schedule will not permit us to respond ☐ Terms & Conditions were unclear or restrictive ☐ We do not bid directly ☐ Keep our company on this bid list for future bids ☐ Remove our company name from this bid list for future bids http://www.citrusschools.org/ mailto:owens@citrusschools.org

2025-01-ITB Plumbing Services

Company Name: ______________________ Initials: ________

ITB SUBMITTAL CHECKLIST

Please use this checklist to make sure you have enclosed all Required documents before sealing and mailing your bid. Failure to submit all may render your bid non-responsive.

NOTE: The list below may not be inclusive of all requirements.

☐ Invitation to Bid and Bid Acknowledgement Form – Page #1 and all subsequent initialed pages.

☐ Attachment A – Bid Price Form

☐ Attachment B – Respondent’s Statement of Experience and Qualifications

☐ Attachment C – References

☐ Attachment D – Conflict of Interest

☐ Attachment E – Drug Free Workplace Certification

☐ Attachment F – Debarment Certification

☐ Attachment G – Confidential, Proprietary, or Trade Secret Material Statement

☐ Attachment H – Byrd Anti-Lobbying Amendment Certification

☐ Proof of Insurability

☐ Copy of State of Florida Plumbing Contractor’s License

☐ Copy of Business Tax Receipt

☐ Copy of any additional Licenses and Certificates (if applicable)

☐ Completed W-9 Request for Taxpayer Identification Number and Certification Form

☐ A Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org.

☐ All Issued Addenda (if applicable) https://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.sunbiz.org/

Company Name: ______________________ Initials: ________ Rev. 10/14/2022

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS:

Contractor. The “Contractor” shall refer to the company, individual, or organization awarded by the CCSB in accordance with this solicitation.

Respondent. The “Respondent” shall refer to that person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a bid, proposal, response, or quote for the purpose of obtaining a contract with the CCSB for the provision of the services set forth herein.

The School Board of Citrus County, Florida. May be referred to as “Board”, “School Board”, “District”, or “CCSB” herein.

2. SPECIAL NOTICE: The General Terms and Conditions outlined herein represent the District’s standard language across all Invitation to Bid (ITB), Request for Proposal (RFP), and Request for Quote (RFQ) documents issued by the District. For the purpose of this document, all areas referenced in the General Terms and Conditions section and throughout this document to “Bid” shall be understood as “Proposal” or “Quote” where applicable to this solicitation.

3. BID SUBMISSION: This entire Bid document must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID SUBMITTAL PER ENVELOPE.) The face of the envelope shall contain the Company Name, Company Address, Contact Person Name, Phone Number, Solicitation Number, Title, and the Date and Time of Bid opening on the outside (label provided). Bid responses not submitted on the attached Bid form shall be rejected.

Submittals sent by electronic mail, facsimile machine, telephone, or any other means not specified herein shall be rejected. The Purchasing Department is not responsible for timely delivery of the U.S. or private courier mail. The Respondent is responsible to allow adequate mailing time, including time for interoffice mail delivery, or to take appropriate alternate steps to assure that their submittal is delivered to the Purchasing Department prior to the specified due date and time indicated on the Bid Acknowledgement Form or as amended in the form of an addendum issued by the Purchasing Department. LATE SUBMITTALS WILL BE REJECTED.

4. EXECUTION OF BID SUBMITTAL: Respondents are expected to examine the specifications and all special and general conditions, requirements, and instructions. Negligence on the part of the Respondent to make the necessary examinations and investigations, visit appropriate site locations and become familiar with all locations covered under this solicitation, or failure to fulfill, in every detail, the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the CCSB or for paying additional compensation to the Contractor. Failure to follow the instructions contained in the solicitation for completion of a Bid response is cause for rejection of a Bid submittal. Failure to do so will be at the Respondent's risk.

All Bid submittals must include the signature of an officer or employee having authority to bind the Contractor in the space(s) provided. On the bottom of each page, where specified, Respondent must initial and indicate the company name. Respondent must return the entire Bid document including, but not limited to, the Acknowledgement Form page one (1), all general terms, conditions, specifications, special conditions, required forms, attachments, and addenda, as a complete submittal. Failure to execute and submit an entire Bid document may result in rejection of a Bid submittal.

All Bid submittals are subject to the terms, conditions, and specifications herein as released by CCSB or amended by issued addendum and those submittals which do not comply shall be rejected. Any correction made by the Respondent to any entry must be initialed by the person signing the submittal. Any corrections not initialed will not be tabulated.

Prior to submission or opening, errors may be crossed out, corrections entered and initialed by the person signing the submittal. No submittals shall be altered or amended after the specified time for opening.

5. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included with the submittal shall be evaluated or considered. All such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. If submitted either purposely through intent, design or inadvertently appearing separately in transmitted letters, specifications, literature, price estimates or warranties, it is understood and agreed that the general and special conditions in this solicitation are the only conditions applicable to this solicitation and the offeror’s authorized signature affixed to the acknowledgement page of this solicitation attests to this.

6. VARIANCE TO BID DOCUMENTS: For purpose of Bid evaluation, Respondents must indicate any or all variances to the Bid documents and/or specifications as stated, no matter how slight. If variations are not stated in the submittal, it

Company Name: ______________________ Initials: ________ Rev. 10/14/2022 shall be construed that the Bid response submitted fully complies in every respect with the Bid documents. Submission of alternate documents, other than as included and/or requested in the current solicitation will cause your submittal to be nonresponsive.

7. ERRORS AND OMISSIONS: In the event an error or obvious omission is discovered in a Respondent’s submittal, either by the Purchasing Department or the Respondent, the Respondent may have the opportunity of withdrawing their submittal, provided they can produce sufficient evidence to document that the error or omission was clerical in nature and unintentional. Actual original copies of working papers, calculations, etc., may be requested at the Purchasing Department’s discretion, to support the validity of such a request. This privilege shall not extend to allowing a Respondent to change any information contained in their submittal; however, in the event of a minor omission or oversight on the part of the Respondent, the Purchasing Department (or designee) may request written clarification from a Respondent in order to confirm the evaluator’s interpretation of the Respondent’s response and to preclude the rejection of their submittal, either in part or in whole. The Purchasing Department has the sole authority to weigh the severity of the infraction and determine its acceptability.

8. CLARIFCATION AND ADDENDA: No interpretation of the meaning of the solicitation or any correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. The CCSB will issue responses to all inquiries and any other corrections or amendments it deems necessary in written addenda posted prior to the Bid due date online at www.myvendorlink.com. Respondents shall not rely on any statements other than those made in this solicitation or in any written addenda to this solicitation. Where there appears to be a conflict between the solicitation and any written addenda issued, the last addendum issued will prevail. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given.

It shall be the responsibility of the Respondent(s) to monitor this site for posting of issued addenda prior to submitting a Bid response to ascertain if any addenda have been issued. Addenda shall be signed and returned with the Bid submittal. Failure to return such addenda may constitute a cause for rejection of a Bid submittal.

9. NO-CONTACT: Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and continue through and include the date the CCSB makes its determination to approve or reject the final recommendation, any employee or officer of the CCSB concerning any aspect of this solicitation, except in writing to the Purchasing Department or as provided in the solicitation documents. Violation of this provision may be grounds for rejection of Respondent’s submittal.

10. INCURRING COST: This solicitation does not commit the CCSB to award a contract, nor shall the CCSB be responsible for any expense incurred in the preparation and presentation of a response to this solicitation. Such expense is to be borne exclusively by the Respondent.

11. BID OPENING: The Bid opening shall be public, on the date and at the time specified on the Bid Acknowledgement Form or as amended in the form of an addendum issued by the Purchasing Department. Pursuant to Chapter 119 Florida Statutes, sealed bids, proposals, or replies received by the CCSB as a result of this competitive solicitation are exempt from public inspection until such time as the CCSB provides notice of a decision or intended decision or within thirty (30) days after opening the bids, proposals, or replies, whichever is earlier.

12. AWARD: As in the best interest of the CCSB may require, the CCSB has the sole discretion and reserves the right to accept the Bid(s), make award(s) by individual item, group of items, and all or none or a combination thereof, to reject any or all Bid(s), to waive any minor irregularities or technicalities, to postpone or cancel this solicitation, in whole or in part, and to re-advertise with either the identical or revised specifications. Notice of cancellation will be posted electronically at www.myvendorlink.com.

13. WITHDRAWING A BID: The Bid response, as submitted by the Respondent, shall remain in effect for a period of ninety

(90) days from the Bid opening. The Respondent agrees not to withdraw from competition during this ninety (90) day period to provide ample time for evaluation and acceptance by the CCSB.

14. BID TABULATIONS AND RECOMMENDATIONS: The Purchasing Department or designee shall post notice of a decision or intended decision and tabulations electronically at www.myvendorlink.com. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

https://www.myvendorlink.com/ https://www.myvendorlink.com/ https://www.myvendorlink.com/

Company Name: ______________________ Initials: ________ Rev. 10/14/2022

15. BID PROTESTS: Respondents are advised that all Bid Protests must be made in accordance with the requirements of the terms and conditions of this Bid, the Administrative Rules of the Florida Department of Education, and Chapter 120, Florida Statutes. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any person who is adversely affected by the solicitation, decision or intended decision pertaining to this Bid must file with the Board, through its Purchasing Department, a written notice of protest within 72 hours after the posting or notification. A formal written protest shall be filed within 10 calendar days after filing the notice of protest. The 72 hours period referred to herein shall not include Saturdays, Sundays, or state holidays.

All Respondents acknowledge that the CCSB, as a result of the time lost and costs associated with an unsuccessful Bid protest, will suffer significant damages and losses. Any person who files an action protesting a solicitation, decision or intended decision pertaining to this Bid pursuant to Chapter 120, Florida Statutes, shall post with the Purchasing Department, at the time of filing the formal written protest, a bond in the amount equal to one percent (1%) of the total estimated contract value provided the amount shall not exceed $5,000.00 nor be less than $500.00.

The security may be in the form of a bank cashier’s check or bank certified check payable to “The School Board of Citrus County, Florida,” or in the form of a Bond naming as oblige therein “The School Board of Citrus County, Florida.”

The RESPONDENT, as the PRINCIPAL, shall execute each such bond therein, and by a Surety acceptable to the School Board. The Protest Bond or check shall be dated the same date as the date shown on the RESPONDENT’S Protest. There must be attached to each Protest Bond a duly authenticated or certified Power of Attorney evidencing that the Attorney-in-Fact, who executes the Protest Bond on behalf of and in the name of the SURETY thereon, has the authority to so execute the Protest Bond on the date of the Protest Bond.

Should the protesting RESPONDENT be successful in its Bid protest, the SECURITY submitted by that RESPONDENT shall be returned to the Protesting RESPONDENT in full. Should the protesting RESPONDENT’S protest be unsuccessful, the SECURITY submitted by the protesting RESPONDENT, shall be retained by the CCSB and the protesting RESPONDENT shall have no right to same or any part of same.

If the protesting RESPONDENT’S protest is unsuccessful, and the SECURITY submitted by the RESPONDENT is in the form of a protest bond, the RESPONDENT and the Surety on said protest bond shall forthwith pay over to the CCSB the full monetary amount and penal sum of said protest bond and CCSB shall retain such amount and sum.

In the case of a protest of another RESPONDENT’S Bid submittal, the Bid submittal being protested by the protesting RESPONDENT must be rejected by the School Board for the reasons stated in the protesting Respondent’s protest in order for the protest to be considered successful.

In the case of the RESPONDENT protesting the rejection of its own Bid submittal, for the protest to be successful, the School Board must award the contract to the protesting RESPONDENT.

16. RENEWAL: CCSB reserves the right to renew this contract or any portion thereof, upon mutual agreement, in writing.

17. EXTENSION OF CONTRACT: Prior to the expiration of any contract resulting from a successful Bid CCSB, at its discretion, may require an extension of said contract for a period which shall not exceed the original termination date by more than ninety (90) days to allow such time for resoliciting. All prices, terms, conditions, and specifications on the last day of the contract shall remain in effect for the contract extension period. The Respondent agrees to this condition upon submission of a signed submittal. Additional extensions beyond the required ninety (90) days shall be subject to agreement in writing of both parties.

18. ESCALATION: Escalation provisions by the Respondent are not acceptable unless otherwise specified in this solicitation.

19. PRICES QUOTED: Firm prices shall be bid. Respondents shall reflect cash discounts in the unit prices quoted.

Discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Prices are to be submitted in accordance with the quantities required, which appear in the solicitation. Unit prices will prevail over extended totals whenever the extended amount is in conflict with the estimated quantity (x) the unit price. When a total group price of two or more distinct items is requested, the Purchasing Department reserves the right to verify mathematical extensions and totals, correct extensions and totals if necessary, and recommend an award based upon the overall group total.

Company Name: ______________________ Initials: ________ Rev. 10/14/2022

20. QUANTITY SPECIFIED: CCSB reserves the right to increase or decrease the quantity of any and all Bid items as it deems appropriate. The unit price shall remain as accepted at time of award. If additional quantities are not acceptable, the Price Form must be noted “BID IS FOR SPECIFIED QUANTITY ONLY.”

21. CONDITION OF ITEMS: Unless otherwise specified in this solicitation, all items requested must be new, the latest model manufactured, first quality, carry the manufacturers or Respondent’s standard warranty, and be equal to or exceed the specifications listed in the Bid. Bids on “used, remanufactured or reconditioned” items will not be considered unless specifically requested in the solicitation.

22. METHOD OF ORDERING: Orders shall be processed only upon receipt of an authorized purchase order issued by CCSB or when placed by an authorized CCSB Visa Card Holder. All orders will be initiated on an as-needed basis throughout the term of this Bid. Orders shall be promptly filled and delivered to the location specified on the purchase order.

23. DELIVERY: Prices quoted shall include FOB, freight prepaid, inside delivery to the destination unless otherwise specified in this solicitation. Unless actual delivery is specified, or if specified delivery cannot be met, Respondent shall show number of days required to make delivery after receipt of purchase order. Delivery time may become a basis for making an award (see Special Conditions or Specifications). Delivery shall be during CCSB working hours being Monday through Friday 8:30 a.m. - 2:30 p.m., excluding holidays unless otherwise specified in this solicitation.

24. MANUFACTURER’S NAME AND APPROVAL OF EQUIVALENT: Any manufacturer’s names, trade names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition.

The Respondent may offer any brand for which they are an authorized representative, which meets or exceeds the specifications for any item(s). Note: Sometimes substitutes are not acceptable. If Bids are based on equivalent products, indicate on the Bid form the manufacturer’s name and number. Respondent shall submit with his or her Bid submittal, cuts, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous Bid submittal will not satisfy this provision. The Respondent shall also explain in detail the reasons why the proposed equivalent will meet the specifications and not be considered an exception thereto. The CCSB reserves the right to determine acceptance of item(s) as an approved equivalent. Bid submittals that do not comply with these requirements are subject to rejection. Bid submittals lacking any written indication of intent to quote an alternate brand will be received and considered in complete compliance with specifications as listed on the Bid form.

25. SAMPLES: The Respondent shall provide product samples, without charge, when requested. If the sample is not consumed through testing, it will be returned to the Respondent when said request is submitted with the submittal.

Unused samples will be returned at the Respondent’s risk and expense. The successful Respondent’s samples may be retained until all the terms of the purchase order or contract have been fulfilled. All samples are to be submitted to the Purchasing Department, unless specified elsewhere in this solicitation. All samples shall be identified with the Respondent’s name, solicitation number and title, and product name. Failure to deliver required samples or to identify samples clearly as indicated may be cause for rejection of Bid submittal.

26. WARRANTY: All equipment and/or services purchased/rendered shall be in accordance with the specifications herein, be guaranteed to be free from defects in workmanship and/or materials, and carry the manufacturers or vendor’s standard warranty, unless otherwise specified in this solicitation.

27. ITEM SUBSTITUTIONS/DISCONTINUATIONS: Under no circumstances may a Contractor substitute a different product for any item awarded from this Bid, without prior approval. In the event an awarded item is discontinued by the manufacturer during the term of this Bid, the Contractor shall provide an acceptable substitute item at the same Bid price or risk being found in default. The Contractor must file a written request with the Purchasing Department and be granted approval to substitute, in writing, before any substitution may be made. Requests to substitute should be accompanied by complete specifications for the proposed substitute item, and a sample, if requested.

28. DAMAGED ITEMS: In the event an item(s) is received, and it is later determined there is concealed damage when the item(s) is unpacked; the item(s) must be replaced by the Contractor at no cost to the CCSB.

29. VARIANCE IN CONDITION: Any and all Special Conditions and Specifications attached hereto which vary from these General Conditions shall have precedence. Any inconsistency in this solicitation shall be resolved by giving precedence in the following order: (1) Specifications; (2) Special Conditions; (3) General Terms & Conditions.

Company Name: ______________________ Initials: ________ Rev. 10/14/2022

30. BID/PERFORMNACE BONDS: When a bid or performance bond is required, details of those requirements will be indicated under Special Conditions.

31. PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK (FAC-6A-1.012(6)): With the consent and agreement of the awarded Contractor, purchases may be made under this solicitation and any resulting contract by other governmental agencies, political subdivisions within the State of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own purchase order to the Contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items.

32. USE OF OTHER CONTRACTS/NON-EXCLUSIVITY: CCSB reserves the right to utilize any other contract, including, but not limited to any State of Florida Contract, any contract awarded by any other city or county governmental agencies, other school boards, other community college/state university system, federal agencies, cooperative agreements per Rule 6A-1.012, Florida Administrative Code, in lieu of any offer received, or award made as a result of this solicitation, if it is in the best interest of the CCSB to do so. CCSB also reserves the right to bid separately or to purchase any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of CCSB, at any time during this agreement term.

33. ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement and any amounts to be paid, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by CCSB.

34. FLORIDA STATE CONTRACT, “SNAPS” AGREEMENTS & FLORIDA DEPARTMENT OF EDUCATION

CONTRACTS: If a company currently holds a contract with the State of Florida, Department of Management Services, Division of Purchasing or the Florida Department of Education (FDOE), to supply the products or services requested in this Bid, the Respondent shall quote not more than the prices listed in these approved contracts. Failure to comply with this request may result in disqualification. The Purchasing Department reserves the right to reject all bids and purchase from State Contracts, SNAPS Agreements, or FDOE Contracts if to do so represent the best interests of the CCSB.

35. TAXES: Purchases are exempt from ALL Federal Excise and State Sales Tax.

36. INVOICING AND PAYMENT FROM PURCHASE ORDERS: CCSB will only pay the dollar amounts as authorized on the purchase order. Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act., after the items awarded to a Contractor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. Payment terms are Net 30 days after receipt of an acceptable invoice.

All invoices must bear the purchase order number. Payment for partial shipments shall not be made unless specified.

Failure to follow these instructions may result in delay in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists and all correspondence. The Contractor will be required to submit invoices and reference purchase order numbers on all requests for payment. Invoices shall be mailed directly to: Accounts Payable, 1007 W Main Street, Inverness, FL 34450. A separate invoice must be received for each purchase order number.

37. PAYMENT BY PURCHASING CARD(S): The CCSB utilizes Purchasing Cards in many cases to procure products and services or for payment under this solicitation. The Contractor will complete a sales receipt, which includes the following Information: (1) Card number, expiration date, cardholder name, and school/department, (2) Date and amount of purchase, (3) Itemized list of item description, quantity, price, and (4) Contractor’s name and identification.

38. LAWS AND REGULATIONS: The Respondent shall be responsible to know and apply all applicable federal, state, county, and local laws, and all ordinances, rules, and regulations that in any manner affect the items covered herein.

All applicable federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all Bids received in response to this solicitation and shall govern all claims and disputes which may arise between the Respondents submitting a response to this solicitation and CCSB by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise. Lack of knowledge by the Respondent shall in no way be a cause for relief from responsibility.

39. INSURANCE, LICENSES, AND PERMITS: The Contractor shall obtain and pay for all necessary insurance, licenses, and related documents required to comply with the solicitation specifications and maintain same in full force and effect during the term of this contract. Contractor shall also be responsible for obtaining all necessary building permits to be

Company Name: ______________________ Initials: ________ Rev. 10/14/2022 issued and paid for by CCSB, unless otherwise specified in this solicitation. The Contractor shall save and hold harmless the CCSB as a result of any infraction of the aforementioned.

40. PATENTS, COPYRIGHTS, AND ROYALTIES: The Contractor, without exception, shall indemnify, defend, and hold harmless The School Board of Citrus County, Florida, and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the CCSB. If the Contractor uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception its Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

41. MARKETING/ADVERTISING: By submitting or being awarded this solicitation, Contractor agrees not to use the results as a part of any marketing and/or commercial advertising using CCSB’s name, logos, etc. without written approval of the CCSB.

42. FORCE MAJEURE: Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

43. CONTRACTOR PERFORMANCE: A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this contract. The report may become an important part of the Contractor’s history. The report and process will assist CCSB to determine whether there is a continuing pattern of problems which may need to be addressed through termination of contract and/or suspension of Contractor from future business with CCSB.

44. TERMINATION / CANCELLATION OF CONTRACT: CCSB reserves the right to cancel the contract, or any part herein, without cause or penalty. CCSB will notify the Contractor of the intent to terminate, in writing, a minimum thirty (30) days prior to the effective date of termination, and the agreement will officially terminate at the end of the thirty (30) day grace period. Termination or cancellation of the contract will not relieve the Contractor of any obligations for any deliverables entered into prior to the termination of and/or obligations or liabilities resulting from any acts committed by the Contractor prior to the termination of the agreement.

45. TERMINATION FOR CAUSE AND CONVENIENCE: The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the CCSB shall determine that such termination is in the best interest of the District. Any such termination shall be affected by the delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, Contractor shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the CCSB shall have no other obligations to Contractor. Contractor shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date.

A Vendor Performance Report will be issued by the District’s Contract Administrator, or designee, to document any unsatisfactory performance by the Contractor including deficiencies or default in the performance of its duties under the awarded contract for any violations to any provisions and/or failure to perform their obligations under this contract in a manner satisfactory to the CCSB as per contract specifications. Contractor shall have ten (10) days to correct any and all deficiencies. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default and a recommendation shall be made to the School Board for immediate cancellation, unless specifically specified to the contrary elsewhere within this solicitation. It shall be at the CCSB’s sole discretion whether to exercise the right to terminate.

Failure of the Contractor shall give the CCSB the right to cancel this contract, but waivers of this right, in any instance, shall not prevent the subsequent exercise of this right by the CCSB or prejudice its claim for damages resulting from such default, violations, breach of contract or other failures whether or not an expressed written agreement exists for

Company Name: ______________________ Initials: ________ Rev. 10/14/2022 the provision of such goods and/or service (Title 32, Section (80.36(i)(1)). Upon cancellation, hereunder the CCSB may pursue any and all legal remedies as provided herein and pursuant to the contract and by law. If said contract should be terminated for cause or convenience as provided herein, the CCSB shall be relieved of all obligations under said contract. The CCSB shall only be required to pay to the awarded Contractor that amount of the contract actually performed to the date of termination and shall not be responsible for any consequential damage, future damages or damages caused by lost profits, inconvenience or overhead expense to the Contractor. Termination for cause includes terminations under 287.135, F.S. Contractor shall not be found in default for events as defined under Force Majeure. If a contract is terminated for cause or convenience, the CCSB may either resolicit or award the next lowest, most responsive, and responsible Respondent if deemed to be in its best interest.

46. LIQUIDATED DAMAGES: Time is an essential element of all contracts and is important that the work be vigorously prosecuted until completion/delivery. The Contractor agrees to the use of Liquidated Damages in the event the Contractor fails to perform in accordance with the provisions herein. On the occasion where the Contractor has been found to be in default of the contract, or any material provision thereof, or fails to remedy any deficiency in performance, CCSB may procure the necessary supplies or services from an alternative source and hold the Contractor financially responsible for any excess costs incurred. The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the Contractor. A Contractor who fails to pay said liquidated damages within fifteen (15) days after notification that liquidated damages are due shall lose eligibility to transact business with the CCSB for a period of one (1) year after the default date. Thereafter, the Contractor may request to be placed back on the Active Vendor List.

47. BANKRUPTCY/INSOLVENCY: At the time of Bid submission, Contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If Contractor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, CCSB may, at its option, terminate and cancel the Agreement, in which event all rights hereunder shall immediately cease and terminate.

48. GOVERNING LAW AND VENUE: All legal proceedings brought in connection with this Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Citrus County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Ocala Division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this Contract. In the event that a legal proceeding is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law.

49. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.

50. RECORDS RETENTION (34 CFR 80.36(i)(11)): All vendors, contractors and subcontractors must retain all records pertaining to this contract for three (3) years after the CCSB makes final payments and all other pending matters are closed.

51. FERPA: To the extent Services provided hereunder pertain to the access to student information, Contractor shall adhere to all standards included in Sections 1002.22 and 1002.221, Florida Statutes (the Protection of Pupil Privacy Acts), 20 U.S.C. §1232g - the Family Educational Rights and Privacy Act (FERPA), the federal regulations issued pursuant thereto (34 CFR Part 99), and/or any other applicable state or federal law or regulation regarding the confidentiality of student information and records. Further , Contractor, and its officers, employees, agents, and representatives, shall fully indemnify and hold CCSB harmless for any violation of this provision including, but not limited to, defending CCSB and its officers, employees, agents, and representatives against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon CCSB, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon CCSB arising out of the breach of this provision by Contractor, its officers, employees, agents, or representatives, to the extent that the Contractor, or its officers, employees, agents, or representatives, shall either intentionally or negligently violate this provision, Company Name: ______________________ Initials: ________ Rev. 10/14/2022

Sections 1002.22 and 1002.221, Florida Statutes, or other applicable state, local, or federal laws, rules, or regulations.

This provision shall survive the termination of or completion of all performance obligations under this Agreement and shall remain fully binding upon Contractor. A separate Non-Disclosure Agreement may be required.

52. NON-COLLUSION: The Respondent, by affixing its signature to this Bid submittal, certifies that its submittal is made without previous understanding, agreement, or connection with any person, firm or corporation making a Bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

53. CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL: All material submitted becomes the property of the CCSB. If Respondent considers any portion of the documents, data, or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Respondent must also simultaneously provide the CCSB with a separate redacted copy of its response. The redacted copy shall contain the CCSB solicitation name, number, and the name of the Respondent on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to CCSB at the same time the Respondent submits its response to the solicitation and may only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret. In compliance with 119.07(1)(e), Florida Statutes, Respondent must “state the basis for the exemption” that he/she “contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.”

The Respondent shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Respondent shall protect, defend, and indemnify CCSB for any and all claims from or relating to the Respondent’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

The CCSB will make no effort to verify whether or not the redacted material is exempt from Chapter 119 Florida Statutes.

The determination is strictly the responsibility of the Respondent.

If the Respondent fails to submit a Redacted Copy with its response, CCSB is authorized to produce the entire documents, data or records submitted by the Respondent in response to a public records request for these records.

54. PUBLIC ENTITY CRIME: Per the provisions of § 287.133 (2) (a), Fla. Stat. “A person or affiliate 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, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids 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 § 287.017, Fla. Stat., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.”

55. HOLD HARMLESS AGREEMENT: During the term of this agreement the Contractor shall indemnify, hold harmless, and defend the CCSB its agents, servants and employees from any and all cost and expenses, including but not limited to attorney’s fees, reasonable investigative and recovery costs, court costs and all other sums which the Board, it agents, servant and employees, may pay or become obligated to pay on account of any, all or every claim or demand, or assertion of liability, or any claim or actions founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by the Contractor, his agents, servants or employees, or any of his equipment when such person or equipment are on premises owned or controlled by the Board for the purpose of performing services, delivering products or goods, installing equipment, or otherwise transacting business, whether such claim or claims be for damages, injury to person or property, including the Board’s property, or death of any person, group or organization whether employed by the Contractor or the Board or otherwise.

56. OSHA: The Respondent certifies that all material, equipment, etc., contained in in the Bid submittal meets all Occupational Safety Hazards Act (OSHA) requirements. The Respondent further certifies that, if he/she is the successful Respondent, and the material, equipment, etc., delivered is subsequently found to be in non-compliance with any OSHA requirements in effect on date of delivery, all cost necessary to bring the material, equipment, etc., into compliance with aforementioned requirements shall be borne by the Respondent. Failure of the Respondent to bring any and all material, equipment, etc., contained in a particular Bid submittal, inconformity with all OSHA requirements, shall constitute default under this agreement.

57. ASBESTOS STATEMENT: All material supplied to the CCSB under this Bid must be 100 percent asbestos free unless otherwise specified. Respondent, by virtue of submitting a response to this Bid, certifies by signing Bid submittal that if

Company Name: ______________________ Initials: ________ Rev. 10/14/2022 awarded any portion of this Bid, will supply only material or equipment that is 100 percent asbestos free. No Bid submittal will be considered unless this is agreed to by the Respondent.

58. SAFETY DATA SHEETS (SDS): The Respondent(s) must submit a Safety Data Sheet (SDS) with the Bid submittal for all hazardous materials and chemicals or within forty-eight hours upon request from the CCSB. Failure to submit the required SDS may be cause for rejection of the Bid submittal. The SDS shall also be provided with each shipment of each hazardous materials and/or chemical. This information must be provided in compliance with Florida’s Right-To- Know law.

59. FISCAL NON-APPROPRIATIONS CLAUSE: In the event sufficient budgeted funds are not available for a new fiscal period, the purchasing department shall notify the vendor of such an occurrence and this contract shall terminate on the last day of the current fiscal period without penalty or expense to the CCSB. The CCSB shall be the final authority as to what constitutes an annual appropriation and the availability of funds necessary to continue funding this Agreement.

60. ANTI-DISCRIMINATION: CCSB does not discriminate in admission or access to, or treatment or employment in its programs and activities, on the bases of race, color, religion, gender, pregnancy, national origin, age, disability, marital status, or any other reason prohibited by law.

61. BIDDING PREFERENCE LAWS: When tabulating responses for purchases of personal property, if the lowest response is submitted by a Respondent whose principal place of business is located outside the State of Florida and the state or political subdivision thereof where the Respondent’s principal place of business is located provides a preference, a preference equal to that granted in the Respondent’s home state will be granted to the lowest responsible and responsive Respondent having a principal place of business in the State of Florida. When tabulating responses for purchase of personal property, if the lowest response is submitted by a Respondent whose principal place of business is located outside the State of Florida and the state or political subdivision thereof where the vendor’s principal place of business is located does not provide a preference, a preference of 5% will be granted to the lowest responsible and responsive Respondent having a principal place of business in the State of Florida.

Respondents whose principal place of business is outside the State of Florida must have an Attorney, licensed to practice law in the out-of-state jurisdiction, submit a written opinion as required by § 287.084 (2), Fla. Stat., and must submit this opinion with the submitted Bid. Such opinion should permit CCSB’s reliance on such attorney’s opinion for purposes of complying with § 287.084 (2), Fla. Stat. Failure to submit the written opinion with the Bid submittal shall result in submittal being considered “non-responsive” and the submittal be rejected.

62. FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION REQUIREMENT: All Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who…