ITB-2025-3057_Robotic_Mowing.pdf

Revised 1-9-2025

School Board of Volusia County, Florida Procurement Department 200 N. Clara Ave.

DeLand, FL 32720

TITLE: ROBOTIC MOWING EQUIPMENT AND SERVICES

The public is invited to attend the bid opening on:

BID DUE DATE and TIME:

March 28, 2025 @ 2:00 P.M. EST

INVITATION TO BID

ITB NO.: ITB-2025-3057

RELEASE DATE: February 28, 2025

CONTACT: Jennifer Deveaux, M.A.

jdeveau@volusia.k12.fl.us

Bid Submittal shall be submitted electronically via VendorLink.com prior to the ITB DUE DATE and TIME listed above.

ITB OPENING LOCATION: Bid Openings will be made publicly available and live streamed via Teleconference on Microsoft Teams (Dial-In #: +1-878-787-7709; Conference ID: 797 279 807#) or click here to join.

BIDDER MUST FILL IN THE INFORMATION LISTED BELOW AND SIGN WHERE INDICATED FOR

BID TO BE CONSIDERED:

Company Name:

Address:

City: State: _ Zip Code:

EMAIL: Telephone: FAX:

Signature of Owner or Authorized Officer/Agent:

Typed Name of Above:

By my signature, I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree to abide by all conditions of this invitation and certify that I am authorized by the Offeror to sign this response. In submitting an offer to the School Board of Volusia County, I, as the respondent, offer and agree that if the offer is accepted, the Offeror will convey, sell, assign, or transfer to the School Board of Volusia County all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodity(s) or services(s) purchased or acquired by the School Board of Volusia County. At the School Board’s discretion, such assignment shall be made and become effective at the time the School Board of Volusia County tenders’ final payment to the Bidder. Upon approval by the Board the information contained herein shall constitute the contract between the Board and Bidder. Per Procurement Policy 702, Bidder(s) must initiate any protest of recommendation of award within 72 hours after posting of the bid tabulation in the Procurement Department.

NO RESPONSE I HEREBY SUBMIT THIS AS A “NO BID” FOR THE REASONS CHECKED BELOW:

1. Insufficient time to respond 7. Addendum received too late to respond

2. Specifications were unclear or restrictive 8. Could not meet Insurance requirements

3. Could not meet bonding requirements 9. We do not offer the product or service requested

4. Our schedule will not permit us to respond

10. Remove our company name from this commodity listing only.

5. Terms & Conditions were unclear or restrictive 11. Keep our company on the list for future solicitations

6. Could not meet specifications 12. Other________________________________________________ mailto:EMAIL@volusia.k12.fl.us https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTVkNThiMTctY2UwYi00ZmQ2LWJmN2QtMjk5M2FiMjUyYjg5%40thread.v2/0?context=%7b%22Tid%22%3a%2293e9784b-3507-40ff-bc01-59ea8a1a7b71%22%2c%22Oid%22%3a%222f2a30d6-2df0-4dd0-97c1-07dc597b85e8%22%7d

GENERAL TERMS AND CONDITIONS

Bidder: to ensure acceptance of the bid follow these instructions.

1. Sealed Bid Requirements Bidder: The “Invitation to Bid” sheet must be completed, signed, and returned with each bid. Bids shall be signed by a representative authorized to legally bind the Bidder to the provisions herein. All bids shall be submitted electronically via VendorLink unless otherwise instructed. Additional bid submittal requirements may be defined in the detailed specifications herein.

Unless otherwise specified, Bidder(s) must use the form(s) furnished by The District. All bids shall be typewritten or filled in with pen and ink. Bids having erasure or corrections must be initialed by the Bidder in ink. All bids must be e-signed or signed in ink by an officer or employee having authority to legally bind the Bidder. By signing, Bidder attests that they fully understand there will be no recourse for negligence or oversight for not doing so. Bids received that fail to comply with these submittal requirements may not be considered for award.

a) Delivery of Bid: Electronic bid submittals, described in the

Electronic Submittal of the Bid section of this solicitation, are mandatory unless otherwise specified. Responses must be furnished and uploaded in VendorLink no later than 2:00 PM, EST, on or before the due date specified on the cover sheet of this ITB, to be considered. Bids shall be organized and shall include necessary information as to be in full compliance with the ITB specifications. The District reserves the right to reject and not consider any bid that is not submitted in accordance with the ITB general conditions, specifications or ITB submittal requirements.

b) VendorLink help can be accessed by calling (407) 222-1885, or by emailing support@eVendorLink.com.

c) Bids received by telephone, telegraph, electronic mail, or facsimile machine shall NOT be accepted unless stated in the special conditions of this ITB.

2. Bidder’s Responsibility: It is the responsibility of the Bidder to obtain all pages of the ITB package and all attachments thereto, together with any addenda to the ITB package that may be issued prior to the ITB due date. Bidder(s) are required, before submitting their bid, to obtain and carefully examine the ITB specifications and to completely familiarize themselves with all of the terms and conditions.

Ignorance on the part of a Bidder will in no way relieve them of any of the obligations and responsibilities which are a part of this bid.

3. Bid Opening: Bid openings shall be public at the date and time stated in the ITB unless otherwise indicated.

4. Bids Received Late: It is the Bidder(s) responsibility to assure that the bid is uploaded in VendorLink prior to the opening date and time specified. Any bid received after the opening date and time will be rejected regardless of the circumstances.

5. Special Conditions: If a conflict exists between the general conditions and the detailed specifications, then the term or condition that is more stringent and/or specific shall govern and apply.

6. Public Entity Crime: Pursuant to Florida Statute 287.133, a person or affiliate who has been placed on the convicted Bidder 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 Bidder, supplier, subcontractor, or Bidder under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted Bidder list. Bidder(s) shall complete and submit with their Bid the complete, accurate, and notarized statement required by Section 287.133, Florida Statutes, Public Entity Crimes Statement provided herein. Failure to submit a properly completed and notarized form shall be cause for submittal to be judged non-responsive.

7. Specification/Variances: For purpose of evaluation, the Bidder shall indicate any and all variances from specifications, terms and/or conditions regardless of how slight. If variations are not stated in the bid, it shall be assumed that the offered product or service fully complies with the specifications, terms, and conditions herein.

a) Any purchasing agreements and state term contracts available under s.287.056 of the Department of Management. Services for this non-academic commodity and contracted services have been reviewed for the subject of this solicitation. //JLD// Buyer’s Initials

8. Requests for Clarifications: Any and all questions regarding this ITB, whether technical, procedural, or otherwise, must be submitted in writing to the attention of the Purchasing Agent designated herein, seven (7) business days prior to the ITB due date, unless otherwise stated in the specifications. All such interpretations and supplemental instructions will be in the form of written addenda to the ITB documents.

No correction or clarification of any ambiguity, inconsistency, or error in the ITB terms, conditions or specifications will be made to any Bidder orally. Only the interpretation or correction so given by the Purchasing Agent, in writing, shall be binding. Bidder(s) are advised that no other source is authorized to give information concerning, explaining, or interpreting the ITB documents. If a Bidder should be of the opinion that the meaning of any part of the bid specifications are uncertain, obscure, or contains errors or omissions, they should report such opinion to the Purchasing Agent in writing no more than three (3) days after the receipt of the documents.

9. Processing Time: It is understood that the normal bid processing time shall be 90 days after the opening date of this ITB, and that prices reflected by the bid will be firm through the bid processing time and the delivery of the items awarded.

10. Original and Renewal Term: The award resulting from this ITB shall be in effect for the term defined in the detailed specifications commencing upon District approval or until new bids are taken and awarded. The award resulting from this ITB (or any portion thereof) has the option of being renewed as defined in the detailed specifications, or extended for a period up to 180 days, upon mutual agreement of both parties, under the same terms and conditions as the original award. The District, through its Procurement Department, will, if considering a renewal or extension, request a letter of intent to renew or extend from one or more awardees, prior to the end of the current contract period.

The awardees will be notified when the recommendation has been acted upon by The District. The Bidder agrees to these conditions by signing its bid.

11. Lobbying: Bidder(s) are hereby advised that they are not to lobby with any District Personnel or Board Members regarding this ITB. All inquiries must be written and directed to the Department of Procurement.

a) Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board Member or District personnel on the award of this contract.

Lobbying by any Bidder or any individual on behalf of a Bidder will result in rejection/disqualification of said bid.

mailto:support@eVendorLink.com

b) Violation of this provision regarding lobbying may also result in disqualification of the Bidder from participation in competitive solicitations with The District for the duration of the document contract period or for some other term, at the recommendation of the Director of Procurement and as acted upon by the Superintendent and the School Board, as appropriate.

12. Prompt Payment Discount: Cash discount for prompt payment of invoices, if offered, shall not be considered in evaluating bids and making awards. Cash discount terms, if offered in the bid, must be clearly indicated on each invoice.

13. Brands: If specified, Bidder(s) shall indicate, for each item bid, the name and model of the brand being bid. Use of brand names, trade names, make, and model, manufacturer, or Bidder catalog number in the specifications is for the purpose of establishing a grade or quality of material only. It is not The District’s intent to rule out other competition; therefore, the phrase “OR APPROVED EQUAL” is added, unless otherwise indicated in the specifications. However, if a product other than specified is bid, it is the Bidder’s responsibility to submit, with the bid, samples, descriptive literature and/or detailed specifications which illustrate the product sufficiently for evaluation. Bids received without this information, or with insufficient information, as determined by the evaluation committee, may not be considered.

If the words “ONLY” or “NO SUBSTITUTES” appear in the specification, then no other brands, trade names, makes, models or manufacturers shall be considered. The District shall be the sole judge concerning the merits of bids submitted. Once an item is awarded from this bid to a Bidder, no substitution of brands shall be permitted. If a Bidder does not indicate what he is offering in the proper blank and if the Bidder is successful in being awarded the item(s) then the Bidder shall be obligated to furnish the item(s) specified by The District.

14. Warranty/Guarantee: All materials and/or services furnished under this bid shall be warranted by the Bidder, distributor, and manufacturer to be free from defects and fit for the intended use.

Unless otherwise requested, the items bid must be new and equal to or exceed specifications. The manufacturer’s standard guarantee or warranty shall apply. During the guarantee or warranty period, the Bidder must repair and/or replace the unit without cost to The District with the understanding that all replacements shall carry the same guarantee or warranty as the original equipment. The Bidder shall make any such repairs and/or replacements immediately upon receiving notice from The District.

15. Notification of Award/Purchase Orders: Upon Board approval to award a contract, participating Bidder(s), successful and unsuccessful, shall be notified of the award configuration in writing by the Procurement Department. Bidder(s) who are awarded a contract resulting from this ITB are cautioned not to provide goods or services to any District site or to any District employee prior to receiving purchase orders issued by the District’s Procurement Department. Notification of Award is not to be construed as authorization to provide goods or services.

16. Contract Documents: The submission of a bid constitutes an offer by the Bidder. Upon Board approval the Procurement Department will issue a letter of award. The District does not anticipate issuing a specific contract document for this award;

however, the District does reserve the right to request the Bidder enter into a separate contract if determined to be in the best interest of the District. If a specific contract document is not requested, this ITB, any addenda to this ITB, the submitted bid, and the corresponding purchase order(s) and change order(s) will constitute the complete agreement between the successful Bidder and the District. If a specific contract document is requested by the District, it shall be included with the above-mentioned items as part of the contract agreement. Each bid is received with the understanding that an acceptance in writing by The District of the offer to furnish any or all of the services and materials described shall constitute a contract between the Bidder and The District. This contract shall bind the Bidder to furnish and deliver the services and materials quoted, at the prices stated and in accordance with the condition of said accepted bid. It is agreed that the Bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof, without previous consent of The District and any sureties.

17. General Information about the District: The District and its School Board of Volusia County were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by District school officials in accordance with Chapter 1001, Florida Statutes.

a) The School Board consists of five elected officials responsible for the adoption of policies, which govern the operation of District public schools. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of State Laws, State Board of Education Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the Board by Section 1001.51, Florida Statutes as prescribed by the State Board of Education.

b) The School Board of Volusia County serves the entire area of the county. The District’s enrollment is approximately 62,800 K-12 students. With approximately 7,500 employees (including full-time, part-time, substitutes, short-course instructors, and hourly employees), the School District is one of the largest employers in Volusia County.

18. Price Adjustments: The District may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply and/or service are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria:

a) The volatility is due to causes wholly beyond the Bidder’s control;

b) The volatility affects the marketplace or industry, not just the particular Bidder’s source of supply;

c) The effect on pricing or availability of supply is substantial;

d) The volatility so affects the Bidder that continued performance of the contract would result in substantial loss or financial hardship.

The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the District.

Requests for adjustments must be made to the Director of Procurement within twenty-four hours after receipt of an order from the District for the affected product and will not be considered more than once in a 120-day period. For contracts with an initial award period exceeding one (1) year, prices shall remain firm for the first year.

19. Substitutions: Should a particular product become unavailable after award due to discontinuance by manufacturer, extreme market demand or inability of manufacturer to produce the product for a certain period of time, or quality or compatibility as solely determined by the District, Bidder may offer a substitute product to the District. The Bidder shall provide specifications for the offered substitute product, or if requested by the District, a sample of the offered substitute. Bidder will also provide documentation as to the unavailability of the original awarded product to the District for its review. Such a substitute will only be considered if the District has a continued need for the product within a specified time frame where the original awarded product will be unavailable. Whether a substitute is necessary and whether the offered substitute is acceptable are solely within the discretion of the District.

20. Bidder Performance: The Bidder shall provide competent, suitable, qualified personnel to perform any project required by the ITB. The Bidder shall at all times maintain good discipline and order while on District property. Bidder employees and subcontractor employees (if authorized) assigned to this project must be pre-screened and will be thoroughly reviewed for but not limited to current certification and documentation.

a) The Bidder shall furnish all equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, heat, light, telephone, water and sanitary facilities and incidentals necessary for the execution, testing, initial operation, and completion of any project unless otherwise specified.

b) The Bidder shall be responsible for the appearance and demeanor of all personnel assigned to the project and shall require that all employees wear shirts with visible company logo and personal identification of the individual employee.

Uniforms and/or dress code shall be inclusive of, but not limited to, neat and clean company uniforms or attire that are appropriate and easily identifiable. District identification badges shall be worn and clearly visible while on any District property.

c) The Bidder’s personnel shall have no contact with students or school staff, other than administrative staff or designated representatives, with the exception of emergency situations.

The Bidders employees shall refrain from using foul, abusive, or profane language on District property.

d) Sign-In/Sign-Out: Upon arrival and departure onto any District school campus, the Bidder’s employees shall enter their company information into the Raptor kiosk or logbook provided in the Administrative office of each campus.

e) The Bidder’s personnel shall be aware that all District sites are smoke free areas. The use of tobacco products is prohibited on any property owned by The District. Bidder’s personnel shall be aware that it is illegal to have in one’s possession any illegal drug or alcoholic beverage while on District property.

f) Bidder shall strictly limit its operations to the designated work areas and shall not permit any employees to enter any other portions of District property without District’s expressed prior written consent.

g) All employees are prohibited from distributing any papers or other materials upon District property and are strictly prohibited from using any District telephones or other office equipment.

h) All employees shall enter and leave District facilities only through the ingress and egress points designated, from time to time, by The District.

i) The Bidder shall be responsible for the removal of all trash and debris occasioned by this contract. Failure to adhere to this requirement will result in the costs of the performance of this work by others being charged to the Bidder.

j) The Bidder shall be responsible for all damages caused by the Bidder and shall be held responsible for replacing or repairing any damage due to negligence on their part to any person(s) and/or property. The District may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property.

k) Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees, and shrubbery, not indicated in the contract documents to be removed or altered, shall be protected by Bidder from damage during the prosecution of any project. Any such improvements so damaged shall be restored by Bidder to condition at least equal to that existing at the time of Bidder’s commencement of any project.

l) Bidder acknowledges that work may be performed at a particular project site where The District simultaneously is conducting and continuing its operations upon the same site. In such event, Bidder shall coordinate its work so as to cause no unreasonable interference with or disruption to The District’s operations. The District may perform other work related to any particular project at the site by The District’s own forces, have other work performed by utility owners or let other direct contracts.

m) If during the performance of any project, Bidder or any subcontractor, sub-subcontractor, agent, employee, or anyone else for whom Bidder is legally liable, causes a disruption to any Utilities service to other facilities or customers within a project area, Bidder shall take all actions necessary and required to immediately restore such Utilities service. If Bidder fails to take such immediate actions The District shall have the right to take whatever actions it deems necessary and required to immediately restore the disrupted services, and all costs incurred by The District as a result thereof shall be reimbursed to The District by Bidder within five (5) business days of written demand for same from The District.

n) Bidder is responsible for the safety and protection of all persons and property on or about the project site during the progress of any project. Further, it is Bidder’s responsibility to protect from damage or loss all material and equipment to be incorporated into any project which may be stored off the project site. Bidder shall develop and implement, in accordance with the requirements of the contract documents (including any District rules or regulations), a safety plan for any project, as required. Bidder shall comply with all applicable codes, laws, ordinances, rules and regulations of The District and any public body having jurisdiction over any project, including all of their safety codes, laws, ordinances, rules, and regulations. If Bidder observes that the Contract Documents are at variance therewith, it shall promptly notify The District in writing.

o) When requested, Bidder shall cooperate with any ongoing District investigation involving personal injury, economic loss or damage to The District’s facilities or personal property therein.

p) Proper safety barricades, protective, and covering devices shall be used to divert traffic and protect personnel. Normal safety signs, necessary lighting and temporary fencing/barricades around work areas shall be installed and maintained in accordance with OSHA requirements while the work is in progress. Materials must be secured in accordance with OSHA regulations when not in use.

q) The Bidder shall be responsible for instructing their employees in all safety measures. All equipment used by the Bidder shall be free from defects or wear that may in any way constitute a hazard to any person or persons on District property. At no time shall equipment be operated without guards, shields, or other manufactures recommended safety accessories in place and functioning as intended by the manufacturer. All current OSHA safety standards shall be reinforced including, but not limited to, the following rules:

I. All OSHA and Federal required safety equipment shall be installed and functioning on all equipment.

II. All equipment shall be in sound working condition and must meet all OSHA Safety Standards. All workers shall be aware of and trained in the operation of all safety equipment required for this project.

III. The Bidder shall ensure that employees are equipped with proper safety items such as glasses, hard hats, gloves, etc.

IV. All incidents on campus involving District property or personnel shall be reported to the Director of Maintenance Services Department and the Campus Administrator immediately upon occurrence.

FAILURE TO COMPLY WITH ANY OF THE ABOVE

PERFORMANCE REQUIREMENTS MAY RESULT IN

TERMINATION OF CONTRACT.

21. Inspection, Identification and Acceptance: Bidders shall be responsible for delivery of items in new condition meeting specification at point of destination. Bidders shall file with the carrier all claims for breakage, imperfections, and other losses.

If the material and/or services supplied to The District is found to be defective or does not conform to specifications, The District reserves the right to cancel the order upon written notice to the seller and return the product to the seller at the seller’s expense.

22. Bid Bonds and Performance Bonds: Bid bonds, when required, shall be submitted with the bid in the amount specified in the detailed specifications. Bid bonds will be returned to unsuccessful Bidder(s). After acceptance of a bid, the District will notify the successful Bidder to submit a recorded payment and performance bond in the amount specified in the detailed specifications.

23. Worker’s Compensation: Bidders shall obtain and maintain during the life of the contract Workers’ Compensation Insurance in compliance with Chapter 440, Florida Statutes for all of his employees employed on the project. In case any work is sublet, Bidder shall require subcontractors similarly to provide Workers’ Compensation Insurance.

24. Cancellation/Termination: In the event any of the provisions of the contract awarded as a result of this ITB are violated by the Bidder, the Superintendent or designee will give written notice to the Bidder stating the deficiencies and unless the deficiencies are corrected within ten (10) calendar days, recommendation may be made to the District for immediate cancellation. Upon cancellation, hereunder the District may pursue any and all legal remedies as provided herein and by law. The District reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving seven (7) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the Bidder that amount of the contract actually performed to the date of termination.

Repeated instance of failure to perform may result in cancellation of the contract and removal of the Bidder from consideration on other District contracts for the duration of the document contract period or for three years, whichever is longer, at the discretion of the Director of Procurement.

a) Default/Cause: In the event that the awarded Bidder should breach this contract, the District and the School Board reserve the right to seek all remedies in law and/or in equity.

25. Liability: Where Bidders are required to enter or go onto District property to deliver materials, perform work, or provide services as a result of a bid award, the Bidder assumes full duty, obligation, and expense of obtaining all necessary licenses, permits and insurance, and shall be fully responsible for its own negligent or willful acts or omissions. Refer to page 43 (Insurance Requirements form) for the District’s insurance requirements.

26. Indemnity: This General Condition of the ITB is NOT subject to negotiation and any bid that fails to accept these conditions will be rejected as "non-responsive", unless Bidder is entitled to sovereign immunity by action of the Florida Legislature. The District agrees to be fully responsible for its acts of negligence, or its agents’ acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by the District. Nothing herein shall be construed as consent by the District to be sued by third parties in any matter arising out of any contract. Bidder shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorney’s fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the District by an employee of the named Bidder, any Subcontractor, or anyone directly or indirectly employed by any of them. The Bidder’s obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Bidder’s limit of, or lack of, sufficient insurance protection.

27. Taxes: The District is exempt from any Taxes. State Exemption Certificate certified on request. State Sales Tax Exemption Certificate is No. 85-8012622388C-5, and Federal Tax Identification is No. 59- 6000884.

28. Occupational Safety Hazards Act Requirements: The Bidder certifies that all material, equipment, etc., contained in the Bid meets all Occupational Safety Hazards Act (OSHA) requirements. The Bidder further certifies that if he or she is the successful Bidder and the material, equipment, etc., delivered is subsequently found to be deficient pursuant to any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with aforementioned requirements shall borne solely by the Bidder.

29. Drug Free Workplace/Identical Tie Bids: Whenever two or more bids, which are equal with respect to price, quality, and service, are received for the Purchasing of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall comply with the requirements of Florida Statute 287.087.

30. Ethics: All awarded Bidder(s) shall comply with the requirements of law regarding ethics as set forth in Chapter 112, Florida Statutes, and rules promulgated by the Florida Commission of Ethics.

31. Confidentiality: Bidder(s) shall be aware that all submittals provided with a bid are subject to public disclosure and will not be afforded confidentiality with the exception of “sealed” financial statements.

32. Use of Other Contracts: The District reserves the right to utilize other District contracts, State of Florida Contracts, contracts awarded by other city or county governmental agencies, other school Districts, other 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(5) in lieu of any offer received, or award made as a result of this bid, if it is in its best interest to do so.

The District also reserves the right to separately bid any single order to purchase any item on this bid if it is in its best interest to do so.

33. Authority to Piggyback: Upon award of this solicitation, if mutually agreed upon between the successful Bidder(s) and governmental entity, submission of any bid in response to this request constitutes a bid made under the same conditions, for the same pricing, and for the same effective period as this ITB, to any other governmental entity or charter school.

34. Invoicing: Orders shall be processed, or work performed only upon receipt of authorized purchase orders issued by the District. The Bidder will provide two copies of the original invoice to The School Board of Volusia County, Financial Accounting Department, located at 200 North Clara Ave, DeLand, FL 32721.

a) All invoices shall include purchase order number, date and location of delivery or services, and confirmation of acceptance by the appropriate District representative. Invoices must be prepared properly to avoid unnecessary delays in payment.

Upon receipt of invoices forwarded from the Finance Department, the user school/department will approve payment for requested work that has been completed satisfactorily. All invoices and correspondence shall be legibly written, signed, and dated.

35. Liquidated Damages Recovery: Bidder agrees to the use of Liquidated Damages Recovery in the event the Bidder fails to perform in accordance with contract provisions. On any occasion where the Bidder fails to perform or defaults on the contract, or any material provision thereof, the District may procure the necessary supplies/services from other sources and hold the Bidder financially responsible for any excess costs incurred. The difference between the contracted price of the products and the actual price paid in this circumstance may be deducted from funds owed to the non- performing Bidder.

36. Contact Information: The Bidder shall appoint a person or persons to act as a primary contact with the District. This person or their designated back-up shall be readily available during normal business hours by phone or in person;

knowledgeable of the terms, conditions and procedures involved; and respond to messages within 24 hours. The District shall appoint a person or persons to act as the District Representative. The Bidder shall have access to the site after school hours, on weekends, and during school hours at the discretion of District Representative. All scheduling shall be coordinated with the District Representative.

37. Protest: Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes and District Policy 702, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes, and failure to follow any other requirements in the bid protest procedures established by the School Board of Volusia County, Florida shall constitute a waiver of all protest rights.

38. Public Records Compliance: In addition to other contract requirements provided by law, the Contractor must comply with Florida public records laws, including but not limited to chapter 119, Florida Statutes, and section 24 of article I of the Constitution of Florida, and specifically agrees to:

a) Keep and maintain public records required by the school district to perform the services;

b) Upon request from the school district’s custodian of public records, provide the schools districts 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 this chapter or as otherwise provided by law;

c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the school district; and

d) Upon completion of the contract, transfer, at no cost, to the school district all public records in possession of the contractor or keep and maintain public records required by the school district to perform the service. If the contractor transfers all public records to the school district 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 district, upon request from the school district’s custodian of public records, in a format that is compatible with the information technology systems of the school district.

IF THE CONTRACTOR HAS QUESTIONS

REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT:

CUSTODIAN OF PUBLIC RECORDS (386)-

734-7190 Ext. 20110 or 20138 publicrecordsrequest@volusia.k12.fl.us 200 N. Clara Ave., DeLand, FL 32720 Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this agreement and the School Board of Volusia County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract.

39. Bidder Background Screening Requirements: Bidder will comply with all requirements of Florida Statutes 1012.32, 1012.465, 1012.467 and 1012.468, by certifying that the Bidder and all of its employees who provide services under this contract have completed the background screening required by the referenced statutes and meet the standards established by the statutes. This certification will be provided to The District in advance of the Bidder providing any services on campus while students are present. The Bidder will bear the cost of acquiring the background screening and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Bidder and its employees. Bidder will provide The District a list of its employees who have completed background screening as required by the referenced statutes and meet the statutory requirements. Bidder will update these lists in the event that any employee listed fails to meet the statutory standards or new employees who have completed the background check and meet standards are added. Bidder agrees that in the event the Bidder or any employee who the Bidder has certified as completing the background check and meeting the statutory standards then is convicted of any disqualifying offense, the Bidder will notify The District within 48 hours of such.

http://www.flsenate.gov/Laws/Statutes/2010/120.57 mailto:publicrecordsrequest@volusia.k12.fl.us

a) The parties agree that in the event that Bidder fails to perform any of the duties described in this paragraph, this will constitute a material breach of the contract entitling The District to terminate immediately with no further responsibility to make payment or perform any other duties under this contract. Bidder agrees to indemnify and hold harmless The District, its officers, and employees from any liability in the form of physical injury, death, or property damage resulting from Bidder’s failure to comply with the requirements of this paragraph of the Florida Statutes.

b) Effective October 1, 2005, the Florida Department of Law Enforcement opened a new shared fingerprint database that is available to all School Districts in Florida. Bidder and their employees who were fingerprinted within the last five (5) years in any county in Florida should be in the State fingerprinting database. Bidders and their employees who have been fingerprinted in one of the School Districts should have the ability to notify other School Districts Human Resources Department of their fingerprinting status by providing the name of the School District in which they were fingerprinted, employee name and social security number. This legislation alleviates the issue of requiring Bidders to be fingerprinted in every District in which they provide services.

c) Bidder must provide a list of employees that will participate in this contract for fingerprinting appointments to the District’s Office of Professional Standards. Any costs associated with obtaining District badges through the Department of Professional Standards shall be the sole responsibility of the Bidder.

40. Bidder Process for Fingerprinting: Upon award, Bidder is required to comply with the requirements of Florida Statutes, Section 1012.465. Bidders who will never be present on a school district campus are not required to be fingerprinted.

41. Confidential, Proprietary, or Trade Secret Material: If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Bidder must also simultaneously provide the School Board with a separate redacted copy of its response. The redacted copy shall contain the School Board’s solicitation name, number, and the name of Bidder on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the School Board at the same time Bidder submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

a) Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure.

Further, Bidder shall protect, defend, and indemnify the School Board for any and all the claims from or relating to Bidder(s) determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

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

42. Confidentiality of Student Records: Contractor(s) understand and agree that it is subject to all federal and state laws and the School Board rules relating to the confidentiality of student information. The Contractor(s) further agree to comply with the Family Educational Rights and Privacy Act (“FERPA”) 34 C.F.R. 99. The Contractor(s) shall regard all student information as confidential and will not disclose the student information to any third party.

43. Florida Preference: Pursuant to Section 287.084, Florida Statutes, effective July 2012, the Board shall make appropriate adjustments to pricing of responses, as required, when bids have been submitted by Bidder(s) having a principal place of business outside the State of Florida. Responding Bidder(s) must complete and submit with their bid response the attached Bidder’s Statement of Principal Place of Business form, attached at the end of this document. Failure to comply shall be considered non-responsive to the terms and conditions of this solicitation. For additional information regarding this statute, Bidder(s) may refer to:

http://www.leg.state.fl.us/Statutes/index.cfm.

44. Florida Sunshine Law: In order for the District to be in compliance with Florida Statute Chapter 286.0113, any questions pertaining to a competitive solicitation must be submitted in writing (i.e., U.S. mail services or a third-party mail services company, fax, email).

45. Illegal Alien Labor: CONTRACTOR shall comply with all provisions of the Federal Immigration and Control Act of 1986 (8 U.S. Code § 1324 a) and any successor federal laws, as well as all provisions of Section 448.09, Florida Statutes, prohibiting the hiring and continued employment of aliens not authorized to work in the United States.

Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor is in compliance with the terms stated within. The General Contractor nor any subcontractor employed by him shall not knowingly employ or contract with an illegal alien to perform work under this contract.

Contractor agrees that it shall confirm the employment eligibility of all employees through participation in E-Verify or an employment eligibility program approved by the Social Security Administration and will require same requirement to confirm employment eligibility of all subcontractors. All costs incurred to initiate and sustain the aforementioned programs shall be included in contract price. Failure to meet this requirement may result in contract termination by the District.

46. Fair Labor Standards Act: No contractor or subcontractor holding a service contract with the District for any dollar amount shall pay any of its employees working on the contract less than the minimum wage specified in section 6(a)(1) of the Fair Labor Standards Act 29 U.S.C.

206. Failure to meet this requirement may result in contract termination by the District.

47. Disputes: In case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the District Procurement Department shall be final and binding on both parties.

48. Governing Law/Jurisdiction: The interpretation, effect, and validity of any contract(s) resulting from this solicitation shall be governed by the laws and regulations of the State of Florida. Venue of any court action shall be in Volusia County, Florida. If in the event a suit is brought for the enforcement of any term of the contract(s).

49. Non-Appropriation: The Bidder understands and agrees any, and every contract is subject to the availability of funds to the District to purchase the specified products/services. As used herein, a “non-appropriation” shall be defined as an occurrence wherein the District, in any fiscal period, does not allocate funds in its budget for the purchase of the specified products/services or other amounts owed pursuant to any Contract, from the source of funding which the District anticipates using to pay its obligations hereunder, and the District has http://www.leg.state.fl.us/Statutes/index.cfm http://www.leg.state.fl.us/Statutes/index.cfm no other funds, from sources other than taxes, which it deems to be available to pay its obligations under Contract. The District may terminate a contract, with no further liability to the Bidder, effective the first day of a fiscal period provided that:

a) a non-appropriation has occurred, and,

b) The District has provided the Bidder with written notice of termination not less than fifteen (15) days before the proposed termination date.

c) Upon the occurrence of such non-appropriation the District shall not be obligated for payment for any fiscal period for which funds have not been appropriated.

50. State Registration Requirements: Any corporation submitting a bid/bid in response to this Solicitation shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. A copy of the registration/application may be required prior to award of a contract. Any partnership submitting a response to this Solicitation shall have complied with the applicable provisions of Chapter 620, Florida Statutes. For additional information on these requirements, please contact the Florida Secretary of State’s Office, Division of Corporations, (800) 755-5111 (http://www.dos.state.fl.us).

51. Jessica Lunsford Act – House Bill 1877: The state of Florida has passed a law stating that ALL Bidders visiting a school campus shall be in compliance with Florida House Bill 1877;

the Jessica Lunsford Act, effective September 1, 2005, amended July 2007. The requirements of this Act can be viewed on the District’s website, Jessica Lunsford Act (JLA) - Volusia County Schools (vcsedu.org)

52. Assignment: The Contractor(s) obligations under resulting contract may not be assigned or transferred to any other entity without prior written consent of the Contract Administrator.

53. Possession of Firearms:…