Bid_4139MF_Charter_Bus_Service_-_TERMS_AND_CONDITIONS.pdf

An Equal Opportunity School District Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

INVITATION TO BID (ITB)

Bid 4139MF Charter Bus Service, Term Contract

Release Date: June 11, 2025 @ 8:00am

Question Deadline: June 25, 2025 @ 5:00pm

Due Date/Time: July 2, 2025 @ 2:00pm

Public notice is hereby given that the School Board of Marion County, Florida has issued an Invitation to Bid for the above-named services, with responses due no later than the date and time shown above.

There is NOT a pre-bid meeting scheduled for this solicitation, unless circumstances change.

Questions concerning any portion of this solicitation shall be directed in writing online via www.myvendorlink.com for this specific solicitation. The procurement representative assigned to this solicitation is:

Name: Michelle Fritz, Buyer

E-Mail: Michelle.Fritz@marion.k12.fl.us

Address: The School Board of Marion County, Florida Purchasing Department 2091 NE 35th Street

Ocala, FL 34479

Solicitation document and all required forms are available on-line at www.myvendorlink.com http://www.myvendorlink.com/ mailto:Michelle.Fritz@marion.k12.fl.us

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

INVITATION TO BID

This Invitation to Bid (ITB), General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda, and/or any other pertinent documents form a part of this proposal and by reference are made a part thereof.

PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein for The School Board of Marion County, Florida (“School Board” or “Marion County Public Schools”).

IMPORTANT NOTICE TO BIDDERS: The Purchasing Department of Marion County Public Schools has partnered with VendorLink (www.myvendorlink.com) for the posting, notification, and processing of bid opportunities. There is NO COST to respondents to use this service for Marion County Schools bid opportunities.

BID RESPONSES: Electronically submitted bids/proposals will only be accepted through www.myvendorlink.com until the date and time as indicated above. Bids will be opened/unlocked after the due date and time indicated. Hard copy or emailed bid responses will not be accepted unless specifically stated in the bid document.

It is the sole responsibility of the bidder to ensure his or her bid is submitted through www.myvendorlink.com before the closing date and hour as shown above.

BOARD'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of forty-five

(45) days from the last date for receiving of bids for acceptance of his or her bid by the School Board.

The School Board does not discriminate on the basis of race (including anti-Semitism), ethnicity, color, national origin, sex, sexual orientation, disability (including HIV, AIDS, or sickle cell trait), pregnancy, religion, marital status, age (except as authorized by law), military status, ancestry, or genetic information, which are classes protected by State and/or Federal law (collectively, "protected classes") in its educational programs, services or activities, or in its educational programs, services or activities, or in its hiring or employment practices as required by Title IX, Title VI, Title VII, Age Discrimination Act of 1967, Section 504 of the Rehabilitation Act of 1973, 1992 Americans with Disabilities Act, and the Florida Educational Equity Act of 1984.

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

General Conditions, Instructions and Information for Bidders

Bid Responses: The executed Invitation to Bid page (P.1), the Proposal Form page(s), and any required forms or other requested items or materials, must be included and uploaded to www.myvendorlink.com in order for the bid to be considered for award. All bids are subject to all the conditions specified herein (all General Conditions on the attached bid documents and any addenda issued thereto). Any failure on the part of the bidder to comply with the specifications, terms and conditions of this Invitation to Bid shall be reason for termination of contract.

1. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided above on P. 1. Failure to properly sign proposal shall invalidate same, and it shall not be considered for award. All bids must be completed in ink or typewritten if submitted as a manual document. If the bid is hosted by a third-party company, all bid forms must be completed electronically. Corrections must be initialed by the person signing the bid. Any corrections not initialed will not be tabulated. The original bid conditions and specifications cannot be changed or altered in any way. Altered bids may not be considered. Clarification of bids submitted shall be in letter form, signed by the bidders and attached to the bid.

2. NO BID: If not submitting a bid, respond by uploading the enclosed “Statement of No Bid” form and explain the reason. Note: A bidder, to qualify as a respondent, must submit a “no bid” and same must be uploaded to www.myvendorlink.com no later than the stated bid response deadline.

3. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total (if applicable). Prices must be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of 30 days will be required for a payment, and the discount time will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified.

4. TAXES: School Board is exempt from any taxes imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012622222C-6 appears on each purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvements of School Board-owned real property as defined in §192, Fla. Stat. (2024).

5. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions, and all instructions pertaining to supplies and services.

Failure to do so will be at bidder’s risk. It is the responsibility of all interested parties to assure they have received all necessary documents, including Addenda and have included all necessary information within their response. School Board is not responsible for Bidder’s failure to obtain complete bidding documents. School Board reserves the right to reject any bid as non-responsive for failure to include all necessary documents or required Addenda.

6. TERM: Bidder warrants by virtue of bidding that price(s) shall remain firm for a period of (1) year from the date of Board Approval or time stated in special conditions.

7. USE OF OTHER CONTRACTS: School Board reserves the right to utilize any other State of Florida contract, any contract awarded by any other city or county governmental agencies, any other school board, any other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or Fla. Admin. Code R. 6A-1.012 in lieu of any offer received or award made as a result of this bid, if it is in the best interest to do so. School Board also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its best interest to do so.

8. FLORIDA PREFERENCE: Pursuant to §287.084, Fla. Stat. (2024), and subject to applicable federal law, the School Board shall make appropriate adjustments to pricing of responses when proposals have been submitted by bidders having a principal place of business outside the State of Florida. This Florida Statute applies to purchases of personal property. If applicable to this bid, the details for Florida Preference will be indicated under special conditions.

9. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of the bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

10. UNDERWRITERS’ LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL-listed; or have passed the re-examination testing, where such has been established by UL for the items offered and furnished.

11. DELIVERY: Unless actual date of delivery is specified, show number of days required to make delivery after receipt of purchase order in the space provided. Delivery time may become a basis for making an award (See Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.

12. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in specifications is for the purpose of establishing a grade or quality of material only. It is not the School Board’s intent to rule out other competition; therefore, the phrase OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the vendor’s responsibility to submit with the bid brochures, samples and/or detailed specifications on items bid. The School Board shall be the sole judge concerning the merits of the bids submitted. Bidder shall indicate on the bid form the manufacturer’s name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other- than-specified items offered require complete descriptive technical literature marked to indicate detail(s) conformance with specifications.

13. QUALITY: The items bid must be new and equal to or exceed specifications. The manufacturer’s standard guarantee shall apply. During the guarantee period the successful bidder must repair and/or replace the unit without cost to the School Board with the understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such repairs and/or replacements immediately upon receiving notice from the School Board.

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

14. SAMPLES, DEMONSTRATIONS AND TESTING: Samples of items, when required, must be furnished free of expense; and if not destroyed, will upon request, be returned at the bidder’s expense. Request for the return of the samples must be indicated on his or her bid. Each individual sample must be labeled with bidder’s name, bid number and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the School Board’s, Purchasing Department. When required, the School Board may request full demonstrations of any units bid prior to the award of any contract. Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full responsibility for payment for any and all charges for testing and analysis of any materials offered or delivered that do not conform to the minimum required specifications. Bidder’s disposition of all items delivered in this category must be at no expense to the School Board.

15. INSPECTION AND ACCEPTANCE: The successful bidder shall be responsible for delivery of items in good condition at point destination. Bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The School Board will note, for the benefit of successful bidder, when packages are not received in good condition. In the event the materials and/or services supplied to the School Board are found to be defective or do not conform to specifications, the School Board reserves the right to cancel the order upon written notice to the seller and return the product to seller at the seller’s expense.

16. FACILITIES: School Board reserves the right to inspect the Awarded Bidder’s facilities at any time with prior notice. School Board may use the information obtained from this inspection in determining whether a Bidder is a responsible Bidder.

17. DEFAULT PROVISION: In case of default by the bidder or contractor, the School Board may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs incurred thereby.

18. COPYRIGHTS OR PATENT RIGHTS: The Awarded Proposer, without exception, shall indemnify and save harmless School Board and its employees from liability of any nature or kind, including cost and expenses for any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Agreement, including its use by the School Board, or copyright, it is mutually understood and agreed without exception that the bid prices include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. All books, manuals, films or other materials suitable for copyright or patent, regardless of means of transmission, produced as a result of the work or services performed under or in connection with this Agreement, are hereby reserved as the exclusive property of and sole ownership by School Board, unless and to the extent that the parties agree otherwise, as evidenced in writing and included as a part of this Agreement. Proposer shall defend, indemnify and hold the School Board and its successors and assigns harmless from and against all third-party claims, suits and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) incurred as a result of (i) infringement by Proposer of any third-party patent, copyright or trademark or (ii) misappropriation by Proposer of any third-party trade secret in connection with any of the foregoing.

Proposer will indemnify and hold harmless the School Board from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the Agreement, including its use by the School Board. If Proposer uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. In addition, Proposers awarded contracts involving Federal Funds are subject Rights to Invention as set forth in 37 CFR 401.

19. MANUFACTURER’S CERTIFICATION: The School Board reserves the right to request from bidder’s separate manufacturer certification of all statements made in the proposal.

20. OCCUPATIONAL HEALTH AND SAFETY: A Safety Data Sheet (SDS) must be submitted with the bid submittal for all hazardous materials and chemicals or at the request of the School Board. Failure to submit the required SDS may be cause for rejection of the bid submittal. The SDS shall also be provided with the initial shipment and shall be revised on a timely basis as appropriate. The SDS must include the following information:

A. The chemical name and the common name of the toxic substance.

B. The hazards or other risks in the use of the toxic substance, including:

1. The potential for fire, explosion, corrosion and reactivity.

2. The known acute and chronic health effects of risks from exposure, including the medical conditions, which are generally recognized as being aggravated by exposure to the toxic substance.

3. The primary routes of entry and symptoms of overexposure.

C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substance;

including appropriate emergency treatment in case of overexposure.

D. The emergency procedure for spills, fire, disposal, and first aid.

E. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information.

F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information.

Any questions regarding this requirement should be directed to: Occupational Safety and Health Administration, www.osha.gov or by phone at (800) 321-6742 (OSHA).

21. OSHA: The bidder warrants that the product/services supplied to the School Board shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended; and failure to comply with this condition will be considered as a breach of contract.

http://www.osha.gov/

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

22. CONSUMER PRODUCT SAFETY COMMISSION COMPLIANCE: Any products supplied by a Bidder(s) under this solicitation will comply with the provisions of the Consumer Product Safety Improvement Act (CPSIA) of 2008. (Public Law 110-314) CPSIA regulates furniture products that include any lead-containing paint; or any products intended primarily for children 12 years of age or younger with lead in any component or in the products themselves; and certain products, such as toys or child care articles containing phthalates (esters mainly found in plastics). Any product supplied that falls under CPSIA definitions must have a manufacturer-furnished “Certificate of Conformity” with each shipment of covered products. The specific rule covering certificates can be found at: https://www.cpsc.gov/Business--Manufacturing/Testing- Certification/General-Certificate-of-Conformity-GCC

23. ANTI-DISCRIMINATION: The bidder certifies that he or she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246; as amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race (including anti-Semitism), ethnicity, color, national origin, sex, sexual orientation, disability (including HIV, AIDS, or sickle cell trait), pregnancy, religion, marital status, age (except as authorized by law), military status, ancestry, or genetic information, which are classes protected by State and/or Federal law.

24. ADVERTISING: In submitting a proposal, bidder agrees not to use the results as a part of any commercial advertising without prior approval of the School Board.

25. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of §112, Fla. Stat. (2024). All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the School Board. Further, all bidders must disclose the name of any Board employee who owns, directly or indirectly, an interest of 5% or more in the bidder’s firm or any of its branches.

26. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the School Board shall be final and binding on both parties.

27. LEGAL REQUIREMENTS: Federal, state, county, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Specifically, bidder(s) is to adhere to the policies of the School Board, pursuant to the following, with respect to any criminal arrests and convictions; and is on notice thereto that any employees involved in any §435, Fla. Stat. (2024) offenses are precluded from continuing to work on the project and must be replaced. Failure to comply may result in the immediate termination of the vendor’s contract at the sole discretion of School Board. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility.

28. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder, when said offer is accepted by approval by the School Board.

In case of a default on the part of the bidder after such acceptance, the School Board may take such action, as it deems appropriate including legal action for damages or specific performance.

29. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto School Board property to deliver materials or perform work or services as a result of bid award, the bidder will assume the full-duty obligation and expense of obtaining all necessary licenses, permits and insurance. Bidder shall be liable for any damage or loss to the School Board incurred by bidder, bidder’s employees, licenses of the bidder or agent, or any person the bidder has designated in completion of his or her contract as a result of his or her bid. Further, bidder shall be liable for all activities of bidder throughout the execution of this bid. Notwithstanding the foregoing, the liability herein shall be limited to one million dollars ($1,000,000) and the bidder recognizes that, and covenants that he or she has received consideration for indemnification provided herein. Bidder must have all Licenses, Certifications and Registrations required when performing the services described herein, in order for proposal to be considered a responsive and responsible proposal. Licenses, Certifications and Registrations required for this proposal shall be as required by Chapter 489, Florida Statutes, as currently enacted or as amended from time to time; by the State Requirements for Educational Facilities (SREF), latest version; by the City of Ocala, or by Marion County, Florida. Bidder must submit a copy of all its current Licenses, Certifications and Registrations required as described herein, either with its proposal or within five working days of notification. An Awarded Bidder who has any License, Certification or Registration either suspended, revoked or expired after the date of the Proposal Opening, shall provide notice to the School Board within five working days of such suspension, revocation or expiration. However, such suspension, revocation or expiration after the date of the Proposal Opening shall not relieve the Awarded Bidder of its responsibilities under this ITB

30. SPECIFICATIONS: Any omissions of detailed specifications stated herein that would render the materials/service from use as specified will not relieve the bidder from responsibility.

31. BID BONDS AND PERFORMANCE BONDS: A 5% Bid Bond, when required, shall be submitted as an electronic copy and included with your online bid submission in VendorLink (www.myvendorlink.com). Under separate sealed cover, the original bid bond/performance bond must be mailed/delivered to the Purchasing Department located at 2091 NE 35th Street, Ocala, FL 34479 and must be received prior to the bid due date and time listed in this bid. Bid Bonds will be returned to unsuccessful bidders. After awarding the contract, the School Board will notify the successful bidder to submit a 100% Performance Bond from a surety company registered in the State of Florida with a financial rating of A or better. Upon receipt of the performance bond, the bid bond will be returned to the successful bidder. If a bond is required, the details for the bond will be indicated under special conditions.

32. PAYMENT: Payment will be made after the items/services awarded to a vendor have been received/completed, inspected and found to comply with award specifications, free of damage or defect and properly invoiced.

33. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence.

34. ADDENDA TO RFP AND/OR BID: If any addenda are issued, they will be posted at www.myvendorlink.com for viewing and downloading. It is the responsibility of each bidder to visit www.myvendorlink.com to determine if any addenda have been submitted respective of the bidding documents. Reference to the Bid Number will be made with the number of the addendum adjacent. Each bidder or proposer is responsible for determining whether addenda have been issued and must acknowledge receipt when submitting bids or proposals.

35. FORCE MAJEURE: Notwithstanding anything herein to the contrary, the Contractor shall not be deemed in violation of this Agreement if he or she is prevented from performing any of the obligations hereunder for any reason beyond their reasonable control; including, without limitation: Acts of God; acts of war; acts of the public https://www.cpsc.gov/Business--Manufacturing/Testing-Certification/General-Certificate-of-Conformity-GCC https://www.cpsc.gov/Business--Manufacturing/Testing-Certification/General-Certificate-of-Conformity-GCC

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025 enemy; war; riots; strikes; labor disputes; civil disorders; lockouts; fire; floods; hurricanes; epidemics; pandemics; government regulations; and the issuance or extension of existing government orders of the United States; unavoidable casualties or action or promulgation of any statute, rule, regulation or order by any federal, state or local governmental or judicial agency or official (including the revocation or refusal to grant licenses or permits, where such revocation or refusal is not directly caused by the Contractor); or any other event constituting Force Majeure under this Agreement.

36. EMERGENCY / STORM-RELATED CATASTROPHE: Due to acts of God, acts of terrorism or war, any contractors working with the School Board shall acknowledge and agree to the following terms and conditions. This will allow the School Board to obtain Federal funding, if available:

FAMILIARITY WITH LAWS

The bidder is required to be familiar with all Federal, State, and local laws, ordinances, rules and regulations that may in any manner affect the work. Ignorance on the part of the contractor will in no way relieve him or her from any responsibility or liability arising from the award. The awarded contractor assures and certifies that he or she will comply with:

A. U.S. EPA Asbestos Containing Materials in Schools B. Contract Work Hours and Safety Standards Act of 1962 C. Federal Fair Labor Standards Act D. Title VI of the Civil Rights Act of 1964 E. Age Discrimination Act of 1975 F. Executive Order 11246 as amended by Executive Orders 11375 and 12086 related to discrimination G. Americans with Disabilities Act H. Anti-Kickback Act of 1986, 41 U.S.C. Section 51 I. The Hatch Act, 18 U.S.C. 594, 598, 600-605 J. Uniform Federal Accessibility Standards, 41 C.F.R. Section 101-19.6 K. Title IX of the Education Amendments of 1972, 20 U.S.C.: 1681-1683 and 1685-1686 prohibiting discrimination on the basis of sex L. Comprehensive Alcohol and Alcoholism Prevention Treatment and Rehabilitation Act of 1970, 42 U.S.C. 4521-45-94 M. Public Health Service Act of 1912, 42 U.S.C. 290 dd-3 and 290 ee-3 N. Lead-Based Paint Poison Prevention Act O. Energy Policy and Conservation Act, P.L. 94-163: 42 U.S.C.

P. Clean Air Act of 1955, 42 U.S.C. 7401-7642 Q. Clean Water Act of 1977 R. Immigration and Nationality Act, 8 U.S.C. Section 1324a(e) Section 274A(e) S. Records Retention, 34 C.F.R.

37. PRESS RELEASES AND PUBLICITY: The bidder shall make no announcements or news releases pertaining to his or her participation in this bid or the award of this contract, including his or her representatives or agents, without authorization from the Purchasing Department.

38. PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein.

39. CHARTER SCHOOLS: Items or Services awarded under this Agreement must be made available to Charter Schools approved by the School Board. School Board is not responsible or liable for purchases that may be made by Charter Schools.

40. SOURCE OF DOCUMENTS: Unless otherwise indicated in the bidding document, bid solicitations can only be accessed through www.myvendorlink.com.

41. CONTACTING SCHOOL BOARD STAFF: Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting of the notice of intended award, any employee or officer of the School Board concerning any aspect of this solicitation, except in writing to the Purchasing Department via www.myvendorlink.com. Violation of this provision may be grounds for rejecting a response.

42. AWARDS: In the best interest of the School Board, the Purchasing Department reserves the right to reject any and all bids and to waive any irregularity or minor technicalities in bids received; to not accept any item or group of items unless qualified by bidder; and/or to acquire additional quantities at prices quoted on this invitation unless additional quantities are not acceptable, in which case the bid sheets must be noted “Bid Is For Specified Quantity Only.” All awards made as a result of this bid shall conform to applicable Florida Statutes.

43. AUDITS, RECORDS, AND RECORDS RETENTION: The School Board or its representative reserves the right to inspect and/or audit all the bidder'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 bidder 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 School Board's representative and may include, but are not limited to, all correspondence; ordering, payment, inspection and receiving records; and contracts or sub-contracts that directly or indirectly pertain to the transactions between the School Board and the bidder.

A. To retain all vendor records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of the contract; or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract.

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

B. Upon completion or termination of the contract and at the request of the School Board, the vendor will cooperate with the School Board to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph 1 above.

C. Any company providing services to School Board specifically acknowledges its obligation to comply with State of Florida’s public records laws that require company to keep and maintain public records that School Board would ordinarily and necessarily require in order to perform the contracted service; upon request from the School Board’s custodian of public records, provide the School Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law; ensure that exempt and/or confidential public records are not disclosed; comply with all requirements for retaining public records; upon completion of the contract, transfer, at no cost, to the School Board all public records in possession of the vendor or keep and maintain public records required by the School Board to perform the service. If the vendor transfers all public records to the School Board upon completion of the contract, the vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the vendor keeps and maintains public records upon completion of the contract, the vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the School Board, upon request from the School Board’s custodian of public records, in a format that is compatible with the information systems of the School Board. Section 119.0701, Fla. Stat. (2024).”

D. Persons duly authorized by the School Board and Federal auditors, pursuant to 45 CFR, Part 92.36 (I) (10), shall have full access to and the right to examine any of provider’s contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained.

E. To include these aforementioned audit and record-keeping requirements in all approved subcontracts and assignments.

44. FEDERAL FUNDS. For any solicitation or agreement that involves, receives, or utilizes Federal Grants funding, the following terms and conditions must be considered a part of the solicitation and resulting award or agreement, and the CONTRACTOR accepts and acknowledges that it is and will continue to be in compliance with said terms and conditions for the term of the award. As provisions A through S are subject to change without notice, the CONTRACTOR can access the required provisions online using the link below: https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200

A. FEDERAL REGULATIONS. CONTRACTORS awarded contracts involving Federal Funds must be in compliance with 7 CFR 210.21, and the Energy and Policy Conservation

Act (42 USC 6201).

B. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1065 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025

24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

C. ILLEGAL ALIEN LABOR. CONTRACTOR shall comply with all federal and state laws prohibiting the hiring and continued employment of aliens not authorized to work in the United States. CONTRACTOR must not knowingly employ unauthorized aliens and should such violation occur will be cause for cancellation of the Agreement.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

E. PROCUREMENT OF RECOVERED MATERIALS. (2 CFR §200.323): A Non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

F. FEDERAL DRUG FREE WORKPLACE. CONTRACTOR agrees to comply with the drug-free workplace requirements for federal contractors pursuant to 41 U.S.C.A. § 8102.

G. ENERGY EFFICIENCY / CONSERVATION. (42 U.S.C. 6201) CONTRACTOR agrees to comply with the mandatory standards and policies relating to energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).

H. DEBARMENT AND SUSPENSION. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

I. REMEDIES FOR VIOLATION OR BREACH OF CONTRACT. Failure of the CONTRACTOR to provide products within the time specified in the Scope of Work will result in the following: The SCHOOL BOARD shall notify CONTRACTOR in writing within five (5) calendar days and provide five (5) calendar days to cure. If awarded CONTRACTOR cannot provide product or services, SCHOOL BOARD reserves the right to purchase product from another CONTRACTOR, or if this Agreement is entered as the result of a Request for Proposal the next lowest responsive and responsible bidder. The defaulting CONTRACTOR will be responsible for reimbursing SCHOOL BOARD for the price differences.

J. COPELAND “ANTI-KICKBACK” ACT. (18 U.S.C. 874 AND 40 U.S.C. 276C) The CONTRACTOR certifies that it is, and will continue to be, for the term of this contract in for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

K. DAVIS-BACON ACT, AS AMENDED. Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146– 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401 https://www.ecfr.gov/current/title-40/part-247 https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5

Bid #4139MF Charter Bus Service, Term Contract Rev 89VL – 2-4-2025 wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

L. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.

3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.