INVITATION TO BID

27-01

ELECTRICAL CONTRACTOR SERVICES

Flagler County School District

1769 East Moody Blvd.

Bunnell, FL 32110

RELEASE DATE: September 16, 2026

DEADLINE FOR QUESTIONS: October 1, 2026

RESPONSE DEADLINE: October 19, 2026, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/flaglerschools https://secure.procurenow.com/portal/%7bproject.government.code%7d

INVITATION TO BID

Electrical Contractor Services

I. Legal Advertisement II. Introduction

III. Scope of Work IV. General Terms and Conditions V. Special Terms and Conditions

VI. Pricing Proposal VII. Vendor Questionnaire

Invitation To Bid #27-01 Title: Electrical Contractor Services

1. Legal Advertisement

Flagler County School Board

Invitation to Bid (ITB) No. 27-01

Electrical Contractor Services

Flagler County School Board is accepting bids for the purchase of Electrical Contractor Services on an as-needed basis.

Electronic submittals will be accepted until Monday, October 19, 2026 at 12:00 pm.

Flagler County School Board solicitations are now available through OpenGov. In order to respond electronically to an open solicitation, a vendor must be a fully registered vendor in OpenGov.

Registration is free for contractors/bidders at: https://secure.procurenow.com/signup.

Bids will be reviewed for responsiveness and responsibility in accord with the terms, conditions, and award criteria stated in this ITB. Subject to the District’s reserved rights, FCSD may award contracts to all responsive and responsible Bidders satisfying the requirements identified in the ITB Document.

https://secure.procurenow.com/signup

2. Introduction

2.1. Summary

The School Board of Flagler County, Florida, hereafter referred to as the "District" or "FLAGLER COUNTY

SCHOOLS", is seeking a qualified institution or institutions to provide Electrical Contractor Services for the School District of Flagler County, Florida.

2.2. Background

Flagler County Schools Organization:

The district is the largest employer in Flagler County, Florida with over 1,800 full and part-time employees with an annual operating budget of $163 Million. The total full time enrollment of public schools’ students is over 15,000 students.

Flagler County Schools Vision:

As a courageous, innovative leader in education, Flagler County Public Schools will be the Nation’s premier learning organization where ALL students graduate as socially responsible citizens with the skills necessary to reach their maximum potential.

Flagler County Schools Mission:

Flagler County Public Schools ensures educational success through high expectations and innovative thinking in a safe learning environment to empower students to reach their full potential as responsible, ethical, and productive citizens in a diverse and changing world.

2.3. Contact Information

Contact Information:

Peter Drolet

Purchasing Coordinator droletp@flaglerschools.com

(386) 437-7526 Ext: 1131

1769 E Moody Blvd Bldg 2

Bunnell, FL 32110

2.4. Timeline

Release Project Date: September 16, 2026

Legal Advertisement: September 17, 2026

Question Submission Deadline: October 1, 2026, 12:00pm

Submission Due Date: October 19, 2026, 12:00pm

Bid Opening Meeting (Non-Mandatory): October 19, 2026, 12:30pm

1769 E. Moody Blvd, Bldg 2, Bunnell, FL 32110

Contract Start Date (Tentative): December 1, 2026

3. Scope of Work

3.1. Project Overview

The purpose of this scope is to solicit bids from licensed electrical contractors to provide professional electrical services for Flagler County Schools, encompassing new installations, scheduled upgrades, preventive maintenance, and emergency repairs across multiple K–12 school facilities.

3.2. Work Locations

Services will be rendered at multiple district-owned properties, including but not limited to:

• Elementary, middle, and high school campuses

• Administrative offices

• Maintenance facilities

• Athletic fields and support buildings

• Portable classrooms

Some projects may occur after hours, on weekends, or during school breaks to avoid disruption.

3.3. General Scope of Work

The scope of services may include:

New Installation & Replacement

• Circuits, receptacles, switches, panels

• Conduit installation (PVC, EMT, RMC)

• Grounding and bonding

• Fire alarm (as required in coordination with fire/life safety vendors)

• Data/low-voltage conduit routing (pulling not included unless noted)

Repairs & Maintenance

• Provide all labor, materials, tools, troubleshooting and repair of existing electrical systems

• Circuits, receptacles, switches, panels

• Upgrades to service panels, lighting systems (interior and exterior), and emergency backup power

• Conduit (PVC, EMT, RMC)

• Grounding and bonding improvements per code

• Fire alarm tie-ins (as required in coordination with fire/life safety vendors)

• Data/low-voltage conduit routing (pulling not included unless noted)

• Energy efficiency upgrades (LED retrofits, occupancy sensors, etc.)

• Code compliance work following inspections

• Emergency response for power failures or urgent needs

3.4. Codes and Standards

All work shall conform to:

• Florida Building Code (current edition)

• NEC (National Electrical Code)

• ADA compliance standards

• OSHA safety standards

• Local AHJ (Authority Having Jurisdiction) requirements

3.5. Schedule Requirements

• Normal work hours: 7:00am – 3:30 pm.

• Off-hours/weekend work may be required and should be included in hourly rate structure.

• The contractor must respond to emergency calls within 2 hours.

4. General Terms and Conditions

4.1. Definition of Terms

Addenda - Written or graphic instruments issued prior to the date for opening of bids, which modify or interpret the solicitation documents by additions, deletions, corrections, or clarifications.

Agreement - The written Agreement between FLAGLER COUNTY SCHOOLS and the awarded vendor covering the scope of services to be performed; other contract documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein.

"And"/"Or" - The word "and" shall also mean "or", and the word "or" shall also mean "and" whenever the contents or purpose so require.

Contract - A contract will be released, after award, for any work to be performed as a result of this ITB.

The Contract Document, this ITB, all addenda thereto, the Vendor Bid Submission, and the negotiated terms, will constitute the complete agreement between Respondent and FCSD. In the event of any conflict among the Contract Documents, the order of precedence shall be: (1) the Contract Document;

(2) The Invitation to Bid and all addenda thereto; and (3) the Vendor Bid Submission.

Laws and Regulations - Laws, Rules, Regulations, Ordinances, and/or court or administrative orders of the federal, state and school board.

Lobbying - Lobbying is defined as any action taken by an individual, respondent, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a board member or District personnel after advertisement and prior to the posted recommendation on the award of this contract.

Notice of Award - The written notice of the acceptance of the bid from FLAGLER COUNTY SCHOOLS to

Respondent.

Notice to Proceed - The written notice issued by FLAGLER COUNTY SCHOOLS to the awarded vendor authorizing the vendor to proceed with the work and establishing the date of commencement of the contract time.

FCSD – For the purposes of this Invitation to Bid, FCSD shall mean “FLAGLER COUNTY SCHOOLS," "Flagler

County School Board," "Flagler County Public School District," “The District”, "The School Board” and

“Customer”.

Bid - An executed offer submitted by a Respondent in response to an Invitation to Bid and intended to be used as a basis for negotiations for a contract.

Invitation to Bid (ITB) - The process of competitively soliciting bids for a specified Scope of Work. All terms, conditions, supporting documents, and attachments, are included in the underlying Invitation to

Bid document.

Respondent - For the purposes of this Invitation to Bid, any person, respondent, corporation or agency submitting a response to this Invitation to Bid or their duly authorized representative. The word

Respondent, respondent, or potential respondent may be used interchangeably within the Invitation to

Bid.

Responsible Respondent – Respondent who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive Respondent – Respondent that has a submitted a bid that conforms in all material respects to the solicitation.

Scope of Work - Includes the work, as the term is herein defined, as well as the responsibility for performing and complying with all incidental matters pertaining thereto, as set out in the Contract

Documents.

Vendor - The “Vendor” shall mean the Respondent offering these goods and services, for which a contract has been executed, and which Respondent is legally obligated, responsible, and liable for providing and performing any and all of the goods, services, work, and materials, including services and/or work of sub-contractors, required under the covenants, terms, and provisions contained in the contract and any and all amendments thereto.

4.2. Agreement

A contract will be released, after award, for any work to be performed as a result of this ITB. The

Contract Document, this ITB, all addenda thereto, the Vendor Bid Submission, and the negotiated terms, will constitute the complete agreement between Respondent and FCSD. In the event of any conflict among the Contract Documents, the order of precedence shall be: (1) the Contract Document; (2) The

Invitation to Bid and all addenda thereto; and (3) the Vendor Bid Submission.

4.3. Non-Exclusive Agreement

This ITB does not establish an exclusive arrangement between the School Board and the Respondent.

The School Board reserves the right to utilize any other contract, including but not limited to any contract awarded by the State of Florida, another city or county government agency, school board, community college/state university system, cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012. The District also reserves the right to bid separately any item(s) and/or service(s) covered under this contract at any time during this contract term.

4.4. State Contracts and Agreements

Before purchasing nonacademic commodities and contractual services, the School Board reviews the purchasing agreements and State term contracts available under s. 287.056 to determine whether it is in the School Board’s economic advantage to use the agreements and contracts. As such, all purchasing agreements and state term contracts available under s. 287.056 have been reviewed. In addition, the

School Board may use the cooperative state purchasing programs managed through the regional consortium service organizations pursuant to their authority under s. 1001.451(3).

4.5. Assignment of Contract and/or Payment

The contract or agreement that results from this ITB is personal to the parties herein and may not be assigned, in whole or in part, by Respondent without prior written consent of FCSD. Respondent herein shall not assign payments under this contract or agreement without the prior written consent of FCSD.

4.6. Other Governmental Agencies

All Respondents awarded contracts from this ITB may, upon mutual agreement, permit any school board, city, municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. Said product(s)/service(s) are to be furnished in accordance with the Contract resulting from this solicitation.

4.7. Right to Withdrawal

Flagler County School Board reserves the right to withdraw this ITB, or any portion thereof, for any reason prior to the execution of an Agreement.

4.8. Suspension of Work

FCSD may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of FCSD to do so. FCSD shall provide the Respondent written notice outlining the particulars of the suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the respondent shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Respondents, FCSD shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the

Contract or purchase order. Suspension of work shall not entitle the Contractor any additional compensation.

4.9. Termination for Convenience

FCSD, by written notice to Respondent, may terminate the Contract in whole or in part upon when FCSD determines in its sole discretion that it is in its best interest to do so. Respondents shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. Respondent shall not be entitled to recover any cancellation charges or lost profits.

4.10. Termination for Cause

Flagler County Schools may terminate the Contract for cause if the Contractor fails to deliver products or services within the time specified, fails to make adequate progress, violates any term of the Contract, or fails to comply with any applicable statutory, regulatory, or licensing requirement. The District’s rights and remedies under this section are in addition to any other rights and remedies provided by law or under the Contract. Respondent shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, Respondent shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of

Respondent. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Respondent and the subcontractor, and without the fault or negligence of either, Respondent shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for

Respondent to meet the required delivery schedule. If, after termination, it is determined that

Respondent was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of FLAGLER COUNTY

SCHOOLS.

4.11. Cancellation of Award/Termination

In the event any of the provisions of this solicitation are violated by Respondent(s), Purchasing Services will give written notice to Respondent(s) stating the deficiencies and unless the deficiencies are corrected within ten (10) days, recommendation will be made to FLAGLER COUNTY SCHOOLS for immediate cancellation. Upon cancellation hereunder, FLAGLER COUNTY SCHOOLS may pursue any and all legal remedies as provided herein and by law.

FLAGLER COUNTY SCHOOLS reserves the right to terminate any contract resulting from this ITB, at any time, and for any reason, upon giving 30 days’ prior written notice to the other party. If said contract should be terminated for convenience as provided herein, FLAGLER COUNTY SCHOOLS will be relieved of all obligations under said contract. FLAGLER COUNTY SCHOOLS will be required to pay to Respondent(s) only that amount of the contract actually performed to the date of termination. Access to any and all work papers will be provided to FLAGLER COUNTY SCHOOLS after the termination of the contract.

The awarded vendor will have the option to terminate the contract upon written notice to the

Purchasing Department. Such notice must be received at least 90 days prior to the effective date of termination.

Cancellation of contract by the awarded vendor may result in removal from Respondents/Respondent list for a period of three years.

4.12. Conflict of Interest

All Respondents must disclose the name of any officer, director, or agent who is also an employee of

FCSD. All Respondents must disclose the name of any School Board employee who owns, directly or indirectly, any interest in the Respondents' business or any of its branches.

FCSD, in its sole discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the successful Bidder to maintain an independent contractor relationship.

Any such rejection shall not relieve the Bidder of any obligations to perform the work specified in this

ITB, or a subsequent agreement.

4.13. Default

In the event that the awarded Respondent(s) should breach this contract, FCSD reserves the right to seek remedies in law and/or in equity.

4.14. Drug-Free Workplace

If applicable, Respondent shall provide a statement concerning its status as a Drug-Free Work Place.

Submittals received which are equal with respect to price, quality, and service and that have provided proper certification that a business has implemented a drug-free workplace program, shall be given preference in the award process.

4.15. False/Misleading Information

Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by Respondent may be rejected. If in the opinion of the District such information was intended to mislead the District in its evaluation of the bid, and the attribute, condition, or capability is a requirement of the ITB, it will be the basis for rejection of the bid.

4.16. Funding Out Clause

FS 1011.14, Florida Statutes, et seq., prohibit school boards from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the agreements. It is necessary that fiscal funding out provisions be included in all solicitations in which the terms are for periods longer than one (1) year.

Therefore, the following “Funding Out” provision is an integral part of this solicitation and must be agreed to by all Respondents:

The District may, during the contract period, terminate or discontinue the services covered in this bid at the end of the District's then current fiscal year upon ninety (90) days’ prior written notice to the successful Respondent.

Such prior written notice will state the following: “The lack of appropriated funds is the reason for termination. This includes an agreement not to replace the services being terminated with services similar to those covered in this bid from another vendor in the succeeding funding period. This written notification will thereafter release the School Board of all further obligations in anyway related to the services covered herein."

The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for "funding out."

4.17. Indemnification/Hold Harmless Agreement

Successful Respondents shall, in addition to any other obligation, indemnify the Flagler County Schools and to the fullest extent permitted by law, protect, defend, indemnify, and hold harmless the school

District, its agents, officers, elected officials, and employees from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged; bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of Respondent, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; or violation of law, statute, ordinance, governmental administration order, rule or regulation by Respondent in the performance of the work; or liens, claims or actions made by

Respondent or any subcontractor or other party performing the work.

The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for Respondent of any subcontractor under workers' compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar.

Any costs or expenses, including attorney's fees, incurred by the Flagler County Schools to enforce this agreement shall be borne by Respondent and venue shall be in Flagler County, Florida.

4.18. Legal Requirements

It shall be the responsibility of Respondent to be knowledgeable of all federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by Respondent(s) will in no way be a cause for relief from responsibility. The

Bidder must certify that they will remain in compliance with all of the applicable laws, ordinances, rules, regulations, and all other legal requirements throughout the term of the agreement resulting from this

ITB. All costs for such compliance shall be the sole responsibility of the respondent throughout the ITB process and the term of any subsequent Agreement. Any fines levied as a result of inadequacies or failure to comply with all legal requirements shall be the sole responsibility of the Bidder.

4.19. Licenses and Permits

Respondent shall be solely responsible for any and all licenses and permits which may be required by any authority applicable to the provision of services outlined in this ITB and any subsequent Agreement, and all costs for such licenses and permits shall be the sole responsibility of the respondent throughout the ITB process and the term of any subsequent Agreement.

4.20. Anti-Discriminiation

Respondents doing business with FCSD are prohibited from discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex, age, or any other reason prohibited by law with regard to, but not limited to, the following: employment practices, rates of pay or other compensation methods, and training selection. The Bidder must certify that it is in compliance with the requirements of the law regarding equal opportunity for all persons.

4.21. School Board Policy

This ITB is bound by the terms, conditions and requirements of Flagler County School Board

Procurement and Purchasing Code, a copy of which may be requested. Any agreement resulting from this ITB will be brought to the Flagler County School Board, for final approval and execution of the contract.

4.22. Cone of Silence

School board members, and school board personnel (except the Purchasing Services representative) are not to be contacted prior to the School Board’s decision to approve or reject the final recommendation presented to it by the Superintendent. At the discretion of FLAGLER COUNTY SCHOOLS, failure to comply with this requirement will be grounds for disqualification.

Specifically, this No-Contact Period shall commence on the initial date of the advertisement for the

Invitation to Bid and continue through and include the date the Flagler County School Board finalizes its agreement with the winning bidder.

Failure to meet any of these requirements may disqualify a Respondent from consideration.

4.23. Intellectual Property

Respondent, without exception, shall indemnify and save harmless the School Board of Flagler County, Florida, Flagler County Schools, 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 FLAGLER COUNTY

SCHOOLS. If Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood, without exception, that the proposed prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

In addition, FLAGLER COUNTY SCHOOLS shall maintain all rights to the written documentation, electronic media, and other materials provided by Respondent in response to this bid.

4.24. Public Entity Crimes

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 Section 287.017, Florida Statutes, for category two for a period of 36 months from the date of being placed on the convicted vendor list.

Respondent certifies, by submission of this ITB, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

4.25. Public Records

The Contractor shall comply with public records laws, including the following:

(1) Keep and maintain public records required by the School Board to perform the service.

(2) 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 in Chapter 119, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the School Board.

(4) Upon completion of the contract, transfer, at no cost, to the School Board all public records in possession of the Contractor or keep and maintain public records required by the School Board to perform the service. If the Contractor transfers all public records to the School Board upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the School Board, upon request, in a format that is compatible with the School Board’s information technology systems.

As a public entity, FCSD is subject to any and all public records regulations in effect in the State of

Florida. As such, any and all correspondence and documentation associated with this ITB and any subsequent Agreement should be assumed to be subject to public records disclosure.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 386.437.7526, EXT. 1131;

DROLETP@FLAGLERSCHOOLS.COM, OR FLAGLER COUNTY PUBLIC SCHOOLS, RECORDS MANAGEMENT, 1769 E. MOODY BLVD., BLDG. 2, BUNNELL, FL, 32110.

4.26. Audit

FCSD reserves the right to audit all documentation and records maintained by the successful Bidder pertaining to the services specified in this ITB. Upon request, the Vendor shall provide FCSD’s designated representative access to these records during normal business hours. This includes, but is not limited to:

correspondence, purchase orders, payment records, inspection reports, receiving records, and any sub-contracts related to the performance of any agreement resulting from this ITB.

4.27. Disclosure of Response Content

A. . All material submitted becomes the property of the School Board and may be returned only at the School Board's option. FCSD has the right to use any or all ideas presented in any reply to this ITB. Selection or rejection of any response does not affect this right.

B. The School Board is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.).

Only trade secrets as defined in Section 812.081(1)(c), Florida Statutes, or financial statements required by the School Board for road or public works projects as defined in 119.071(1)(c), Florida Statutes, (hereinafter “Confidential Materials”), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an executed Non-Disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” The School Board will not disclose such

Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the School Board shall execute the Agreement and send the respondent a

“Receipt for Trade Secret Information.” RETURN THE NON-DISCLOSURE AGREEMENT ONLY IF

CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. THE CONFIDENTIAL

MATERIALS WILL ONLY BE REVIEWED BY PURCHASING STAFF OR THE SELECTION COMMITTEE

DURING THE EVALUATION PHASES.

mailto:DROLETP@FLAGLERSCHOOLS.COM

4.28. Compliance with Federal Regulations

All contracts involving Federal funds will contain certain provisions required by applicable sections of

Title 34, Section 80.36(I) and Section 85.510 Code of Federal Regulations. The consultant certifies by signing the bid that the consultant and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in Federally-funded transactions and may, in certain instances, be required to provide a separate written certification to this effect. During the term of any contract with the District, in the event of debarment, suspension, proposed debarment, declared ineligible or voluntarily excluded from participation in Federally-funded transactions, the Consultant shall immediately notify Purchasing Services, in writing. Respondent will also be required to provide access to records which are directly pertinent to the contract and retain all required records for seven years after final payments are made.

4.29. E-Verify

In accordance with Florida Statute 448.095(2), Respondent will provide evidence (i.e.: their e-Verify number) of compliance with use of the e-Verify system to verify the work authorization status of all newly hired employees.

4.30. Proper Florida Registration

Bidders who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered Bidders must have an active status to be eligible to do business with the School Board. Bidders doing business under a fictitious name, on the Invitation to Bid

Contractor Acknowledgement Form, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. dba XYZ company. If the Bidder is not located in Florida, the Bidder must provide their state’s document number and a screenshot of their current date identified “active” status with their submittal.

4.31. Sales and Use Tax Exemption

As a public entity, FCSD is exempt from payment of State of Florida Sales and Use Tax. Upon award of any Agreement, FCSD shall furnish appropriate documentation confirming such exemption.

4.32. Execution of Bid

Each submitted Bid must include the signature of an officer or employee having the authority to bind the Bidder in the space(s) provided. Only the terms and conditions of this ITB, as released by the School

Board or amended via addendum, are valid. The ITB General Terms & Conditions, Special Terms &

Conditions and specifications cannot be changed or altered in any way by the Bidder. Failure to comply with the ITB terms, conditions, or specifications shall be grounds for rejection of the Bid. Any attempt to alter any ITB terms, conditions, or specifications by the Bidder shall be grounds for rejection of the Bid.

4.33. Requests for Clarification

All requests for an interpretation or clarification of this ITB and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the FCSD Purchasing

Department Representative. Any clarification or interpretation issued in writing via Addenda to the ITB shall take precedence over any other form of interpretation or clarification. Interpretation of the ITB documents, clarification of ITB specifications, and changes to the ITB shall be communicated by written addenda. Only the written interpretation, clarification, or correction given by the Purchasing

Department Representative shall be binding. Bidders are advised that no sources other than those outlined in the ITB are authorized to interpret, explain, clarify, or give information regarding the ITB documents.

4.34. Special Terms & Conditions

The Purchasing Department reserves the right to issue Special Terms & Conditions which are specific to any particular ITB. In the event of a conflict between the Special Terms & Conditions and the General

Terms & Conditions for any issued ITB, the Special Terms & Conditions shall supercede and take precedence over the General Terms & Conditions.

4.35. Pricing

The pricing quoted for this ITB must be compliant with the following terms:

A. Unit Price must be a firm price, in which any applied discounts have already been deducted.

B. No taxes apply to the pricing of this ITB, as FCSD is a tax-exempt entity. Appropriate documentation will be provided to the winning vendor upon award.

C. The Pricing Proposal must be filled out in its entirety. Please fill out each blank in the Pricing

Proposal Form. If any fields in the Pricing Proposal were left blank, please provide a detailed explanation for the reasons behind it in the appropriate question in Section 7.

D. Any item(s) offered or shipped as a result of this ITB must be new and in fair condition unless otherwise specified.

E. Any prices quoted must include standard commercial packaging and any costs associated with delivery, unless otherwise specified in this ITB.

Bidders are expected to read and familiarize themselves with all specifications, delivery schedules, terms, and conditions of this ITB. Failure to include any costs associated with this ITB in the Pricing

Proposal will be at the risk of the Bidder.

4.36. Brand Names

FCSD reserves the right to invite Bids for a particular product or specific equipment by manufacturer, make, model, or other identifying information. Substitute products of equal quality and functionality may be proposed, unless the Conditions or specifications state that substitute products or equipment may not be proposed and will not be considered. If a substitute product is proposed, it is the Bidder’s responsibility to submit with the Bid any appropriate documentation, such as brochures, samples, and/or detailed specifications on the substitute product. The School Board shall be the sole judge in the exercise of its discretion for determining whether the substitute product is equal and acceptable.

4.37. Quality

The specifications in this ITB shall dictate quality requirements. The proposed goods/services must meet or exceed the specifications outlined in the ITB. All items shall be new, and the manufacturer’s standard warranty shall apply. During the warranty period, the successful Bidder must repair and/or replace the unit without cost to FCSD. All replacements shall carry the same warranty as the original equipment.

Upon receiving notice from FCSD, the successful Bidder shall make any such repairs and/or replacements immediately.

4.38. Samples

Product samples may be requested and required by FCSD, as part of the evaluation of this ITB. These product samples must be provided to FCSD free of charge. If applicable, non-consumable product samples may be returned at Bidder's expense, upon request. FCSB reserves the right to destroy or dispose of product samples in any way deemed necessary. All samples will be disposed of after thirty

(30) days. Failure to deliver required samples in the manner requested by this ITB could result in disqualification of the particular Bid.

4.39. Testing

Proposed items may be tested for compliance with all applicable ITB specifications, terms, and conditions.

4.40. Conformity and Right to Reject

Goods or services provided as a result of this ITB and resulting agreement must conform to all specifications, terms, and conditions included in this ITB. FCSD reserves the right to reject any delivered items that do not confirm to all applicable specifications, terms, and conditions. This includes, but is not limited to, quality specifications, delivery specifications and item condition. If rejected, the items will be held for disposal at the Bidder’s risk. If the materials or services supplied to FCSD are found to be defective or do not conform to specifications, FCSD reserves the right to cancel the order upon written notice to the Bidder and return product at Bidder’s expense.

Goods or services not delivered as per a specified delivery date in ITB may be purchased on the open market. Bidder shall be responsible for any additional cost.

4.41. Inspection and Acceptance

FCSD reserves the right to inspect or test any of the goods or services covered under this ITB, upon arrival to FCSD facilities. Inspection and acceptance of items received will take place at the destination shown on purchase order, unless otherwise specified. The risk of loss or damage to requested items shall be the responsibility of the successful Bidder, until the items are accepted by the School Board.

This inspection, or a waiver of the inspection, does not relieve the Bidder from any of the full responsibility of providing goods or services in accordance with the specifications, terms, and conditions of this ITB.

4.42. Delivery

Unless actual date of delivery is specified (or if specified delivery cannot be met), FCSD may require that the Bidder provide the number of days required to make delivery after receipt of purchase order in space provided. Delivery time could become a basis for recommending an award (see Special

Conditions).

4.43. Dispute

Any dispute concerning the Conditions or specifications of this ITB or the contract resulting from this ITB must be brought to the attention of the FCSD Purchasing Department. The final decision for any dispute concerning the conditions or specifications of this ITB shall be made by the Purchasing Department.

4.44. Award

Bids shall be reviewed in accordance with the ITB specifications, terms, conditions, and the best interest of Flagler Schools.

In the best interest of the District, and in compliance with Federal and State Law, FCSD reserves the following rights:

A. FCSD reserves the right to accept any or all Bids.

B. FCSD reserves the right to reject any or all Bids.

C. FCSD reserves the right to withdraw this ITB in accordance with the terms outlined in Section

4.9.

D. FCSD reserves the right to waive any irregularities or informalities.

E. FCSD reserves the right to accept any item or groups of items.

F. FCSD reserves the right to request any additional information or clarification from any bid, including but not limited to audited and unaudited financial statements.

G. FCSD reserves the right to conduct interviews or require formal presentations from any Bidders.

H. FCSD reserves the right to request a tour of the Bidder's facilities.

I. FCSD intends to make multiple awards under this ITB and may award contracts to all Bidders determined to be responsive and responsible and that satisfy the minimum qualifications, licensing, insurance, pricing, and other requirements of this ITB.

J. FCSD reserves the right to make fewer awards if FCSD determines that fewer awards are in the

District’s best interest.

K. Award of a contract does not guarantee any Bidder a minimum amount of work, purchase orders, revenue, or expenditures. Work will be assigned in accordance with the Assignment and

Distribution of Work provisions contained in the Special Terms and Conditions.

4.45. Billing and Payment

After receipt of the item or service provided under this ITB, an itemized invoice must be provided to

Flagler County School District. This invoice must include the following: purchase order number, payment due date, pricing and quantity for each item ordered, shipping address, and the specified bill to information. Any invoice should be itemized to a specific purchase order, and any invoices referencing multiple purchase orders will not be accepted. These invoices must be provided to FCSD in a timely manner, and the District is not liable for any delays in payment caused by rejected or returned items, improper invoicing, or delays in providing the invoice to FCSD. Payment will be provided once the items or services have been received, deemed to comply with all specifications, terms, and conditions of the

ITB, and FCSD has been properly invoiced.

Billing Information:

ATTN: Accounts Payable

1769 E. Moody Blvd., Bldg. 2

Bunnell, FL 32110

4.46. OSHA

The Bidder must ensure that all products or services supplied to FCSD shall be compliant in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended. This condition is mandatory and the failure to comply with this condition will constitute a breach of contract.

4.47. Bid Bonds

FCSD reserves the right to request bid bonds when applicable, and allowed by applicable law. If bid bonds are required for this ITB, more details will be contained in Section 5, Special Terms and

Conditions.

4.48. Asbestos Terms

All material supplied to FCSD must be 100% asbestos free. Bidder certifies by signing Bid, that if awarded any portion of this Bid, will supply only material or equipment that is 100% asbestos free.

4.49. Criminal Background Screening

Pursuant to Florida Statute 1012.467, FCSD will issue and recognize statewide background badges to non-instructional employees of the successful Bidder who meet the clearance requirements of Florida

Statute 1012.467(2)(g) when it is not anticipated that they will come into direct contact with students.

However, pursuant to Florida Statute 1012.467, if FCSD is unable to rule out that Bidder’s employees or subcontractors may come into contact with students, then, in the paramount interest of student safety, the employees will be required to undergo and pass background screening, unless another statutory exemption applies.

4.50. Legal Venue

Any legal proceeding which arises from the contract resulting from this ITB shall be brought in a court of competent jurisdiction in Flagler County, Florida. By virtue of submitting a Bid in response to this ITB, the Bidder waives any right to hold any legal proceedings in a jurisdiction or venue outside of Flagler

County, Florida.

4.51. Waiver of Jury Trial

Both parties knowingly, voluntarily, and intentionally waive their right to trial by jury with respect to any litigation arising out of, under, or in connection with this ITB or any contract awarded pursuant to this

ITB. This provision is a requirement for the School Board to enter into a contract with the successful bidder, and shall be included in the terms of the contract which results from this ITB.

4.52. Assignments

The rights, duties, and obligations under the agreement which results from this ITB may not be sold, transferred, or assigned without prior written consent of FCSD. Formal notice must be provided to FCSD if any of these aforementioned events take place during the contract term.

4.53. Protest Period

Failure to give notice or file a protest within the time prescribed in Section 120.57 (3), Florida Statutes, shall constitute a waiver of any protest.

4.54. Federal Regulation Compliance

All contracts involving Federal funds will contain certain provisions required by applicable sections of

Title 34, Section 80.36(I) and 85.510, Code of Federal Regulations and are included by reference herein.

4.55. Collection, Use, or Release of Social Security Numbers

Flagler County School District is authorized to collect, use, or release social security numbers (SSN) of vendors, contractors and their employees for the following purposes, which are noted as either required or authorized by law to be collected. The collection of social security numbers is either specifically authorized by law or imperative for the performance of FCSD’s duties and responsibilities as prescribed by law (Sections 119.07(5)(a)2 and 3, Florida Statutes):

a) Criminal history and criminal background checks/Identifiers for processing fingerprints by

Department of Law Enforcement, if SSN is available [Required by Fla. Admin. Code 11 C-6.003 and Fla.

Stat. § 119.07(5)(a)6]

b) Vendors/Consultants that the District reasonably believes would receive a 1099 form if a tax identification number is not provided including for IRS form W-9 [Required by 26 C.F.R. § 31.3406-0, 26

C.F.R. § 301.6109-1, and Fla. Stat. § 119.07(5)(a)2 and 6]

4.56. Discriminatory Vendor List

In accordance with Florida Statute 287.134, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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.

4.57. Scrutinized Companies

Pursuant to Florida Statute 287.135, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List created pursuant to s.

215.4725 or is engaged in a boycott of Israel; or for $1 million or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, is on the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List created pursuant to s. 215.473 or is engaged in business operations in Cuba or Syria. The company/vendor certifies by submission and signature of this Bid that: it is not on the Scrutinized

Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum

Energy Sector List; the Scrutinized Companies that Boycott Israel list, engaged in a boycott of Israel or that it is not engaged in business operations in Cuba or Syria. Any contract for goods or services of any amount may be terminated at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. A contract for goods and services of $1 million or more may be terminated at the option of the awarding body if the company is found to have submitted false certification, has been placed on any of the other lists in this section or has been engaged in business operations in Cuba or Syria. Should the School Board terminate a contract due to post award ineligibility, the successful Bidder shall be paid only for the funding-applicable work completed as of the date of the termination. Unless explicitly stated in this section, no other damages, fees, and/or costs may be assessed against the School Board for its termination of the Bid under this section.

4.58. Bidder Responsiveness

A Bidder MUST satisfy the following minimum requirements to be deemed responsive:

• Bidder must agree to all terms included in the ITB, without exception or modification.

• Bidder must complete all required forms, without exception or modification. All forms attached to this ITB are required, unless otherwise specified.

• Bidder must provide evidence of their ability to conduct business in the State of Florida.

• Bidder must provide a Certificate of Insurance (COI) which proves that they meet the insurance requirements specified in this ITB.

• Bidder must submit pricing for all the commodities or services to be provided, as specified in the

ITB. Failure to bid on all commodities or services specified in the ITB may result in disqualification, at the sole discretion of FCSD.

In accordance with Section 287.05701, Florida Statutes, Flagler County School District may not request documentation relating to a Bidder's social, political, or ideological interests when determining the responsiveness of Bidders.

FCSD may, at its sole discretion, disqualify vendors from consideration for any variance from the requirements outlined in the ITB.

4.59. Non-Collusion

By virtue of submitting this response, Bidder certifies that it has arrived at the prices contained in their

Bid independently, without consultation, collusion, communication, or any agreement to restrict competition.

4.60. Extension

In addition to any renewal options contained in this ITB, FCSD reserves the right to extend any contract which results from this ITB for a period for up to six (6) months to allow for FCSD to implement a replacement agreement for the contractual services provided herein.