Real Estate Appraisal Service RFP 9009-2508-404 with Attachments.pdf

Please Note: From time to time, addenda may be issued to this proposal. Any such addenda will be posted at www.bidnet.com

NOTICE TO PROPOSERS

ALL PROPOSALS TO BE SUBMITTED ELECTRONICALLY

VIA WWW.BIDNET.COM

Your proposal will not be considered if not received prior to stated proposal opening date and time.

The Hernando County School Board 8016 Mobley Road Brooksville, FL 34601

RFP TITLE: REAL ESTATE APPRAISAL SERVICES – RFP #9009-2508-404

RFP TO BE OPENED ON: September 30, 2025 AT: 2:00 PM

Written questions regarding REAL ESTATE APPRAISAL SERVICES – RFP #9009-2508-404 are due prior to:

11:59 PM on September 9, 2025

Written questions must be submitted via:

WWW.BIDNET.COM

Brooksville, FL 34601

Fax: 352-797-7150 E-mail: ragan_b@hscb.k12.fl.us

THE HERNANDO COUNTY SCHOOL BOARD, FLORIDA

REAL ESTATE APPRAISAL SERVICES – RFP #9009-2508-404

ISSUE DATE: August 18, 2025

PROPOSAL TITLE: REAL ESTATE APPRAISAL SERVICES – RFP #9009-2508-404

PROPOSALS MUST BE RECEIVED AND TIME STAMPED PRIOR TO: September 30, 2025 at 2:00 PM.

SEALED PROPOSALS: Sealed proposals will be received electronically via BidNet.com until the date and the time as indicated above.

Proposals will be opened and recorded. It is the sole responsibility of the proposer to ensure that their proposal reaches the BidNet portal before the closing date and hour as shown above. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of the contract

Proposals received after the scheduled time for opening will not be considered. Any proposal packages received late will not be opened.

POSTING: Recommended awards will be posted on www.bidnet.com on or about October 17, 2025.

BOARD ACTION DATE: Results will be presented for Board action at 919 North Broad Street, Brooksville, FL 34601 at the first available regularly scheduled meeting.

Chapter 120 Florida Statutes: Recommended awards will be posted for review by interested parties at the location where proposals were opened, and remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the protest bond or other security required by School Board Rule 6326, within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Any protest must be submitted on time to the Manager of Procurement via email at

The prospective proposer certifies, by submission and signature of this proposal that the proposer complies fully with the drug-free workplace certification as indicated in this Request for Proposal. Please indicate in the space provided whether or not your company meets the drug-free workplace certification.

Does meet drug-free workplace certification.

Does not meet the drug-free workplace certification.

Certification The proposer hereby agrees to provide the services and/or items, at the prices quoted, pursuant to the requirements of this document.

Proposer’s Signature Proposer’s Printed Name

Company Name Telephone

Mailing Address Fax

City State Zip

Federal I.D. E-mail Address

Date of Proposal http://www.publicpurchase.com/

TABLE OF CONTENTS

Page

Proposal Identification Label Cover

Proposal Certification Form 1

Table of Contents 2

General Terms and Conditions 3

Insurance Requirements 12

Section 1 Overview 13

Section 2 Scope of Services 13

Section 3 Evaluation of Proposals 15

Section 4 Anticipated Timeline 16

Section 5 Proposal Submission Format and Information that must be Submitted 17

Section 6 Instructions to Proposer 18

Section 7 General Terms and Conditions 19

Section 8 Definition 20

Section 9 Special Provisions 21

Section 10 Price Sheet 26 Section 11 Commercial References 27 Attachment A Sample Score Sheet 28 Attachment B Acknowledgment of Addenda 29 Attachment C Affidavit Use and Coercion 30 Attachment D Drug Free Workplace Certification 31 Attachment E Non-Collusion Affidavit 32 Attachment F Scrutinized company Certification 33 Attachment G Truth and Accuracy Statement 34 Attachment H Statement of Qualifications 35 Attachment I Certificate of Debarment with Instructions 36

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to this competitive solicitation, and each purchase is made by any authorized method of acquisition. HCSB shall deem that each organization or entity (the “Proposer”) submitting a response (“Proposal”) has assented to these conditions by responding to this solicitation and accepting a request for purchase via a duly issued purchase order.

During the active solicitation process, before the due date, HCSB may incorporate additional conditions, without limitation, referenced as an addendum, attachment, appendix, or exhibit. Any conflict in terms of additional conditions, and any HCSB-issued addenda will require the following descending order of precedence: answers to HCSB-approved addenda (via www.bidnet.com), solicitation attachments (appendices, exhibits, and this solicitation. HCSB may reject Proposals that fail to accept the stated terms and conditions as "non-responsive."

Proposals will be evaluated based on the proposer's distinctive plan for performing the requirements of the Request for proposal (RFP). It is not necessary for the proposer to repeat the exact RFP language, or to present a paraphrased version, as an original idea for a technical approach.

The proposer should present a written narrative that demonstrates the method or manner in which the proposer proposes to satisfy the requirements of the Statement of Work. The language of the narrative should be straightforward and limited to facts, solutions to problems, and plans of proposed action.

In addition to the original proposal, the proposer is requested to provide additional copies as specified within the RFP Specifications of his/her proposal.

The School Board reserves the right to reject any and all proposals and waive all formalities in regard thereto.

PURPOSE: It is the purpose and intent of this request for proposal to secure proposals for services as listed herein for The Hernando County School Board, Florida, hereinafter called the School Board. Services shall be provided by the approved proposer, hereinafter, called the Contractor.

CONTRACT TERMS: A contract resulting from this document shall be governed in all respects as to validity, construction, capacity, performance, or otherwise by the laws of the State of Florida. By signing this contract, the Contractor certifies that it is in compliance with, and/or will comply with, the aforementioned terms specifically mentioned, as well as all other municipal, county, state and federal requirements and regulations.

CONTRACT DURATION: The duration of a contract resulting from this proposal shall be for a period indicated in specifications with the option to renew for two additional one-year periods based on mutual agreement of both parties, unless otherwise specified. See section 9 for more details.

CONTRACT FAILURE: Should any Contractor fail to enter into a contract with the School Board on the basis of the submitted proposal by said Contractor, Contractor acknowledges that Contractor shall be liable to the School Board for the difference between such proposal price and the price the School Board pays to secure the merchandise from another source. Failure to pay said amount to the School Board upon demand will result in the company being removed from the proposal list for a period of not less than two (2) years from date of infraction.

EXTENSION OF CONTRACT: Prior to the expiration of any contract resulting from a successful proposal, the School Board, at its discretion, may require an extension of said contract for a period which shall not exceed the original termination date by more than 90 days. The price in effect on the last day of the contract shall remain in effect for the contract extension period.

Additional extensions shall be subject to agreement of both parties.

TERMINATION OF CONTRACT: This contract may be terminated without liability to the School Board in whole or in part when it is deemed to be in the best interest of the School Board to so act. Notification of termination must be in writing and issued by the Director of Facilities & Construction or designee. This contract may be terminated upon 30 day written notice.

Further, at the discretion of the School Board, the contract may be terminated in a period of less than 30 days in the event of poor performance or violation of these terms.

The School Board, upon termination, shall exercise its discretion to complete the balance of the contract consistent with the best interest of the School Board.

PUBLIC ENTITY CRIMES: Per the provisions of Florida Statute 287.133(2)(a), “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 proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a 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 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 in excess of the threshold amount provided in Florida Statute 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.”

The prospective proposer certifies, by submission and signature of this proposal, that neither the proposer, nor its principal, its agent or its representative is presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction or otherwise precluded by Florida Statute 287.133 from participating in this contract.

FEDERAL DEBARMENT CERTIFICATION: Certification regarding debarment, suspension, ineligibility and voluntary exclusion as required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, as defined at 34 CFR Part 85, Sections 85.105 and 85.110-(ED80-0013).

a. The prospective lower tier participant certifies, by submission and signature of this proposal, 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.

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Section 287.135 of the Florida Statutes, “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing 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 Sections 215.4725 and 215.473 , is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” This company is not participating in a boycott of Israel such that is not refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. Section 215.473 defines a company, or “affiliates of such entities or business associations, that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not 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 Sections 215.4725 and 215.473 and is not engaged in business operations in Cuba or Syria. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Cuba or Syria. The School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on one of the aforementioned lists.

BACKGROUND SCREENING: As required by The Jessica Lunsford Act [s.21 of Ch.2005-28, L.O.F.], if any Contractors’ employees/independent Contractors or Subcontractors’ employees/independent Contractors will have access to school grounds when students are present, have direct contact with students, or have access to control of school funds, such personnel are required to be screened at Level 2, to include fingerprints, statewide criminal and juvenile justice records checks through the Florida Department of Law Enforcement and federal criminal records checks through the Federal Bureau of Investigation. [s. 1012.465, Florida Statutes]

The requirements of this law must be met in order for the School Board to contract with your company. By responding to this Request For proposal, you agree to abide by all Hernando County School Board policies and procedures in regard to The Jessica Lunsford Act. There is a fingerprinting fee associated with these procedures. Refer to the School Board website www.hernandoschools.org, Jessica Lunsford Act. This website is updated as policies and procedures are put in place.

POSSESSION/USE/UNDER THE INFLUENCE OF MIND ALTERING SUBSTANCES: Possession/use and/or being under the influence of any illegal mind altering substances, such as, but not limited to alcohol and/or substances delineated in Chapter 893, Florida Statutes, by Contractors’ employees/independent Contractors or its Subcontractors’ employees/independent Contractors will not be tolerated on School Board property. If any employee/independent Contractor is found to have brought and/or used or is under the influence of any illegal mind altering substances as described above on School Board property, said employee/independent contractor shall be removed and terminated from the project by the Contractor. If a Subcontractor fails to terminate said employee/independent Contractor, the Contractor shall terminate https://www.hernandoschools.org/ its agreement with the Subcontractor for the project. If the Contractor fails to terminate said employee/independent Contractor or fails to terminate the agreement with the Subcontractor who fails to terminate said employee/independent Contractor, this Contract may be terminated by the School Board.

DISCRIMINATION: A person or affiliate who has been placed on the State of Florida Discriminatory Vendor List or the Convicted Vendor List: following a conviction for a public entity crime may not submit a bid on a contract to provide commodities and 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 over the threshold amount of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

BANKRUPTCY. At the time of Bid submission, the Proposer shall not be involved in, nor be the subject of, any proceedings relating to insolvency, bankruptcy, either voluntary or involuntary, or receivership proceedings. If the Proposer is awarded a contract for one (1) year or longer, and files for bankruptcy, insolvency, or receivership thereafter, HCSB may, at its option, terminate the contract.

EMPLOYMENT OF UNAUTHORIZED ALIENS. The employment of unauthorized aliens by the Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract.

ASSIGNMENT. The Contractor, whether under a separate contract or not, shall not assign any part or whole of this contract to another party, subcontractor, or company nor shall they assign any money due or to become due to him hereunder, without the previous written consent of HCSB. HCSB may transfer the Agreement to any successor performing the same functions. The parties acknowledge that HCSB may transfer any or all its interest in the Agreement to any successor of

HCSB.

STATEMENT OF ASSURANCE. The Contractor must comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of the Agreement. Also, all the funds, services, materials, property, etc. inclusive in the contract shall not be used in the performance of any partisan political activity or to further the election or defeat of any candidate for public office.

AMERICANS WITH DISABILITIES ACT. A Bidder who submits a Bid to HCSB for the provision of commodities and services may not exclude any person(s) from participating in; deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractor to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability and remain compliant with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336.

TOBACCO PRODUCTS. PER BOARD POLICY 7434 - Tobacco-Free Environment, "use of tobacco" shall mean all uses of tobacco, including cigars, cigarettes, pipes, smokeless tobacco, chewing tobacco, snuff, or any other matter or substances that contain tobacco. The use of electronic, "vapor," or other substitute forms of cigarettes, clove cigarettes, or other smoking devices shall constitute the use of tobacco. HCSB prohibits the use of tobacco within any indoor facility owned, leased, contracted for, or used by the Board, including outdoor areas (practice fields, playgrounds, athletic fields, stadiums, venues, and all open areas owned, leased, contracted for, or used by the Board. HCSB also prohibits the use of tobacco by a passenger in any vehicle owned or operated by the Board, including, but not limited to, school buses, vans, trucks, station wagons, and cars.

DRUG-FREE WORKPLACE CERTIFICATION: Tie proposal preference shall be given to businesses with drug-free workplace programs whenever two or more proposals are equal with respect to price, quality, and service and are received by the state or by any political subdivision for the procurement of commodities or contractual services. Established procedures for processing tie proposals, as more fully set forth herein, will be followed if none of the tied vendors have a drug-free workplace program.

ACCEPTANCE OF PROPOSALS: The School Board shall be the sole judge as to the acceptability of any and all proposals and the terms and conditions thereof, without qualifications or explanation to proposers. In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the School Board shall be final and binding on both parties.

PERSONAL INJURY AND PROPERTY DAMAGE: The Contractor assumes any and all risk of personal injury and property damage attributable to the willful or negligent acts or omissions of the Contractor and the officers, employees, and agents thereof. The Contractor also assumes such risk with respect to the willful or negligent acts or omissions of persons subcontracting with the Contractor or otherwise acting or engaged to act at the instance of the Contractor in furtherance of this Contractor fulfilling the Contractor’s obligations under this contract.

DEFAULT: In the event the proposer fails to enter into a contract with the School Board on the basis of the submitted proposal, such action shall constitute a default of this agreement. Further default may be declared by the School Board if the proposer: violates the terms of the proposal document in any manner

Upon default of this agreement and/or any agreement resulting from this agreement, the School Board shall be entitled to pursue all remedies available at law and/or in equity, including, but not limited to, the recovery of damages equaling the difference of the proposal price and the price the School Board subsequently pays to secure performance from other sources.

Damages may be assessed and deducted against any funds due and owing to the proposer.

In the event any litigation occurs between the parties as a result of the contract, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs for any such action.

At the discretion of the School Board, any proposer found in default of this agreement and/or any agreement resulting from this agreement, shall be removed from the proposal list for a period of no less than two years from the date of said default.

Default under this agreement and/or any other agreement(s) in which the School Board has contracted with the proposer, may also, at the discretion of the School Board, result in termination of any other such agreement(s).

LIABILITY INSURANCE: Where proposers are required to enter or go on to School Board property to deliver materials or perform work or services as a result of a proposal award, the proposer assumes full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. All proposers must comply with the insurance requirements as provided in the proposal documents.

SUBMISSION AND RECEIPT OF PROPOSALS:

a. Unless otherwise specified, proposers must use the form(s) furnished by the School Board. Failure to do so may cause the proposal to be rejected.

b. Original proposals shall include all required attachments and requested documentation. HCSB will neither review nor acknowledge receipt of a proposal before the due date and time. HCSB cannot accept any missing documents after the due date unless HCSB deems the missing document as non-material to the proposal evaluation. All missing documents must be submitted to the Procurement Officer within 72 hours of the submitted request, excluding Saturdays, Sundays, and state holidays. All communications between Purchasing Department and the Proposer shall be via email. HCSB shall not be responsible for emails that are directed to a Proposer’s spam folder.

c. Proposals shall be typewritten or completed in ink.

d. Proposals having erasures or corrections MUST be initialed by the proposer in ink.

e. Proposals must be signed in ink by an officer or employee having the authority to bind the company or firm.

f. The School Board will receive sealed proposals until the date and time indicated on the proposal cover. Proposals must submitted be via BidNet.com on time. Proposals received after the date and time of the proposal opening will not be accepted. It will be the proposers’ responsibility to get the proposal submitted vis BidNet.com by the deadline.

g. For purposes of evaluation, the proposer must indicate any variances from specifications, terms and/or conditions regardless of how slight. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with the specifications, terms and conditions herein.

h. Conflict of interest: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All proposers must disclose with their proposal the name of any officer, director or agent who is also an employee of the School Board.

Further, all proposers must disclose the name of any School Board employee who owns directly or indirectly an interest in the proposer’s firm and/or any affiliates thereof, in excess of 5%. Proposals not complying with the requirements of this section shall not be evaluated and shall be returned to the respective proposer. HCSB will not execute a waiver of any such conflict.

i. The Proposer must provide a list of all legal actions participated in against The School Board of Hernando County, Florida.

j. Public Inspection of Proposal: HCSB will provide a Proposer’s representative with written notice if a public records request has been made for a confidential portion of their proposal in response to this solicitation. HCSB will provide for the inspection or copying of any non-exempt portions of any proposal in its possession, as required by applicable law.

If a Proposer wishes to preclude the inspection or copying of any non-exempt portions of its proposal or if a dispute exists as to whether such portions are entitled to an exemption, the Proposer must obtain a protective order from a court of competent jurisdiction prohibiting the inspection or copying of the requested materials. The failure to initiate such legal proceedings on time shall constitute a waiver by the Proposer of any applicable exemption or confidential status of the requested materials. By submitting a proposal in response to this solicitation, the Proposer agrees to waive any cause of action or claim for damages it may have against HCSB for its release of records in response to a public records request, except for those that are prepared and labeled as confidential or exempt as described in this section.

The Proposer agrees to hold HCSB harmless from any award to a plaintiff for damages, costs, or attorney’s fees based upon HCSB’ non-disclosure of portions of the Proposer’s response that have been prepared and labeled as confidential or exempt from public inspection and further agrees to reimburse HCSB for any attorney fees and costs it may incur in the defense of such non-disclosure.

k. Trade Secret: If applicable, all “trade secret” information submitted in response to this solicitation must comply with §§

119.07 and 812.081, Florida Statutes, and shall be submitted in a separate file, clearly labeled as such. A failure by the Proposer to prepare and label the confidential or exempt portions of their proposal in the manner specified herein shall constitute a waiver by the proposer of any applicable exemptions from disclosure or any confidential status, including ones that may apply to trade secrets under Florida law. If challenged, the proposer who submits the trade secret information shall bear all costs associated with defending their position.

VENDOR SANCTIONS. The Proposer certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. HCSB may, by written notice to the Contractor, immediately terminate this contract if HCSB determines that the Contractor has been disbarred, suspended, or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to being disapproved as a subcontractor of any public procurement unit or other governmental body.

SUBMITTAL OF A PROPOSAL: The Proposer is solely responsible for the on-time delivery of the proposal via Bid Net. No mailed hard copies will be accepted. HCSB will not review proposals before the due date and time. The submittal of a proposal shall constitute an irrevocable offer to contract with the School Board in accordance with the terms of said proposal.

The offer may not be withdrawn or altered until or unless rejected or not accepted by the School Board except as provided below. Accuracy of all prices and statements contained in the proposals is the responsibility of the proposer, and no change or cancellation thereof may be made. The Director of Facilities & Construction or designee reserves the right to ask the proposer for clarification. In addition, facilities staff will review the line-by-line prices. Accuracy of additions and extensions, brands and compliance with all instructions will be reviewed in order to ascertain that the offer is made in accordance with the terms of the Request for Proposal. School officials who find any errors in calculations will make adjustments and corrections. Proposers shall normally be held to their proposal but in the event of an error or if an obvious omission is discovered in a proposal document, proposers may request in writing the opportunity to withdraw their proposal.

Proposers shall include in their written request sufficient evidence to document that the error or omission was unintentional.

Actual original copies of working papers, calculations, etc., may be required at the Director of Facilities & Construction’s discretion to support such a request.

LOBBYING/CONE OF SILENCE. Board Policy #6324: The Cone of Silence prohibits any communication regarding an active solicitation between any HCSB employee or Board member and any third-party representative or lobbyist of that party, unless permitted in this section. Any Board member, the Superintendent, Evaluation Committee Member, or any HCSB employee is prohibited from having any communications concerning a solicitation for an active competitive procurement during the Cone of Silence period. Any party, representative, or lobbyist of that party is prohibited from having any communications concerning an active solicitation for a competitive procurement with any Board member, the Superintendent, any Evaluation Committee Member, or any other HCSB employee during the Cone of Silence period, regarding a solicitation for a competitive procurement. Communication by any party, representative, or lobbyist of that party, regarding an active solicitation found to violate this section may result in the rejection of their proposal and may include further sanctions. Any communications, including but not limited to matters of process, procedure, or protest, must be submitted in writing and directed to the assigned procurement officer. The Cone of Silence period shall take effect and remain in effect from the time of the solicitation's release until the Board awards the contract. At the time of issuing the solicitation, the Superintendent or designee shall provide public notice of the Cone of Silence and include this notice in any advertisement or public solicitation for commodities and contractual services, stating the requirements of this section. Unless expressly provided otherwise in the applicable solicitation document, the Cone of Silence does not apply to:

• Oral communications at the pre-proposal or pre-bid conference.

• Communications during evaluation committee meetings, including presentations, demonstrations, or interviews.

• Oral communications during any duly noticed Board meeting.

NOTICE TO PROCEED. Contracts will be awarded to selected appraisers on a rotating basis whose response to the solicitation represents the best overall value to HCSB, as determined by the Department of Facilities and Construction.

When a project is selected, HCSB will issue the project to the Contractor to proceed and a purchase order has been issued.

No work will be authorized until HCSB notifies the Contractor to proceed.

• All specifications in this solicitation are designed to enable a Proposer to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, a part of a standard, or independent of a standard. No specification is intended to unnecessarily limit competition by eliminating items capable of satisfactorily meeting HCSB’ actual needs and preferences. The fact that a manufacturer or supplier chooses not to produce or supply equipment, supplies, or services to meet these specifications will not be considered sufficient cause to adjudge these specifications as restrictive.

• The Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment, and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good workmanlike manner the goods and services required by the Contract.

PROPOSAL REJECTION: The School Board reserves the right to reject any and all proposals or parts thereof, and to request re-submission. The School Board further reserves the right to accept a proposal other than the lowest proposal, which in all other respects complies with the invitation to proposal and the proposal document, provided that, in the sole judgment and discretion of the School Board, the item offered at the higher proposal price has additional value or function, including, but not limited to: life cycle costing, product performance, quality of workmanship, or suitability for a particular purpose. Delivery dates, availability of item, or other such values or functions, may justify a difference in the price paid. All proposals shall be evaluated on all factors involved, including the foregoing price, quality, delivery schedules and the like.

Purchase orders or contracts shall be awarded to the responsive and responsible proposer whose proposal is determined to be advantageous to the School Board, taking into consideration the factors set forth above and all other factors set forth in the request for proposal as “lowest or lowest and best proposal”.

According to §§ 119.07(1), Florida Statutes, and 24(a), Article I of the State Constitution, HCSB may reject Proposals submitted in response to this solicitation, and such Proposals shall remain exempt from § 119.07(1), Florida Statutes, and 24(a), Article I of the State Constitution, until HCSB provides notice of an intended decision concerning the reissued solicitation or until HCSB withdraws the reissued solicitation, not to exceed twelve (12) months from the date of the Notice of Rejection.

PROPOSAL CHANGES AFTER CLOSING TIME: Proposals may not be changed after the proposal closing time.

CORRECTIONS ON PROPOSALS: Erasures are not acceptable on proposals. If changes are necessary, strike out or draw a line through the incorrect price and write the correct price above. The proposer must initial all changes.

ACCEPTANCE OF PROPOSALS: The School Board shall be the sole judge as to the acceptability of any and all proposals and the terms and conditions thereof, without qualifications or explanation to proposers. In case of any difference of opinion as to the items to be furnished hereunder, the decision of the School Board shall be final and binding on both parties.

INDEMNITY: By submitting an RFP response, The Contractor agrees to indemnify, hold harmless, and defend HCSB, its agents, servants, and employees servants, and employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney’s fees, reasonable investigative and discovery costs, court costs, and all other sums which HCSB, its agents, servants, and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the commodities and services furnished by the Contractor, its agents, servants, or employees; the Contractor’s equipment, its agents, servants, or employees while such equipment is on premises owned or controlled by HCSB; or the negligence of the Contractor or the negligence of Contractor's agents when acting within the scope of their employment, whether such claims, judgements, costs, and expenses be for damages, damage to property including HCSB’s property, and injury or death of any person whether employed by the Contractor, HCSB or otherwise.

AUDIT PROCEDURES: Invoices submitted by the proposer shall be in sufficient detail for a proper pre-audit and post-audit thereof. The School Board reserves the right to audit prices of items and/or services provided.

The Contractor’s records shall include, but not be limited to, accounting records, payroll time sheets, audited and unaudited financial statements to substantiate payment rates and income, written policies and procedures, subcontractor’s files, and any other supporting evidence necessary to substantiate payments and income related to this contract (records) shall be open to inspection and subject to audit and reproduction, during normal working hours, by an HCSB authorized representative to adequately permit evaluation and verification of any invoices, payments, or claims submitted by the Contractor or any of their payees pursuant to the execution of the Agreement. Such records subject to the examination shall also include, but be not limited to, those records necessary to evaluate and verify payments and any other matters or items associated with the Agreement. For such audits, inspections, examinations, and evaluations, the HCSB-authorized representative shall have access to the records from the effective date of this contract, for the duration of the work, and until 5 years after the date of the Contractor’s final payment pursuant to the Agreement. the Contractor shall reimburse HCSB for all undocumented payments found not to follow the provisions of the Agreement. HCSB’s agent or its authorized representative shall have access to the Contractor’s facilities, all necessary records, and adequate and appropriate workspace to conduct audits in compliance with this section. The HCSB-authorized representative shall give the Contractor reasonable notice of intended audits. The Contractor shall certify that payments are accurate and correct on each payment.

If an audit reveals a discrepancy, such as an overpayment, the Contractor must reimburse HCSB for the discrepancy with a minimum of 18% per annum interest. If an audit inspection or examination in accordance with this article, discloses overpayments (of any nature) by HCSB to the Contractor of more than ten (10%) percent of the total payments, the cost of HCSB’s audit shall be paid by the Contractor in addition to the overpayments by HCSB.

FISCAL NON-FUNDING CLAUSE: In the event sufficient budgeted funds are not available, the Facilities & Construction Office shall notify the vendor of such occurrence and the contract shall terminate without penalty or expense to the School Board.

PROPOSAL/PURCHASE ORDER DENIAL: The Contractor certifies that it, or any affiliate obligated to perform under this agreement, is not in arrears for any obligations to the district, county, state or federal government or that otherwise may be deemed irresponsible or unreliable by the Director of Facilities & Construction.

NON-COLLUSION: By submission of the proposal, the proposer certifies that the proposal has been arrived at independently and submitted without collusion with any other proposer, and that the contents of the proposal have not been communicated by the proposer, nor by any one of its employees or agents, to any person not an employee or agent of the proposer or its surety on any bond furnished herewith, and will not be communicated to any person prior to the official opening of the proposal.

TIE ON UNIT PRICE OR PROPOSAL: Should there be a tie on either the unit price (if awarded on a per item basis), sections of the proposal (i.e.: building contracts, or proposals awarded by section) or the whole proposal (“all or none” proposals or service proposals), the deadlock will be decided upon using the following order:

a. Companies who certify they are a drug-free workplace.

b. Companies located in Hernando County, Florida.

c. Companies located in Florida.

d. The company receiving the larger dollar award on other items within the proposal.

e. All else being equal, a coin toss will be made to decide the award.

This does not preclude the possibility of splitting an order if it is in the best interest of the School Board.

JOINT PROPOSAL. HCSB will recognize a single proposer as the primary contractor should multiple proposers submit a joint proposal in response to the competitive solicitation. If offering a joint proposal, the prime contractor must:

• Include the name and address of all parties to the joint proposal.

• Provide all necessary bonding and insurance requirements, execute the contract, complete the proposal, and assume overall accountability to resolve any disputes that may arise from the award. Only a single award with the submitting proposer shall be authorized by HCSB.

• Be responsible for the performance of services associated with the response to this RFP and overall contract administration.

• Attend any required HCSB meetings, oversee the preparation of reports and presentations, and file notices of protest and final protests as described in this document.

• Prepare and present consolidated invoice(s) for services performed. HCSB shall issue only one check for each consolidated invoice for services performed to the prime contractor.

ACCURACY OF PROPOSAL DOCUMENTS: Each proposer shall examine all requests for proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions, disputes, or requests concerning interpretation, clarification or additional information pertaining to the invitation for proposal or award shall be made, in writing, to the Hernando County School Board Facilities & Construction Office. The Hernando County School Board shall not be responsible for oral interpretations given by a School Board employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this proposal, a good faith attempt will be made to deliver a copy of each to all prospective proposers who picked up forms or were sent an invitation for proposal. However, prior to submitting the proposal, it shall be the sole responsibility of each proposer to check www.bidnet.com to determine if addenda were issued and, if so, to obtain such addenda for attachment to the proposal.

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

AWARD: The School Board reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any proposals, to reject any and all proposals in whole or in part with or without cause, and/or to accept proposals that in its judgment will be the best low proposal meeting specifications and school needs and be in the best interest of the School Board. The School Board further reserves the right to make awards on a multiple, lump sum, or individual item basis or in any manner the School Board deems appropriate.

The School Board further reserves the right to be the final judge of what is considered equal and hold the RFP open for a 90-day period if award is not made on the date specified.

HCSB shall have the authority to reject any proposals submitted in response to this competitive solicitation and request new proposals or purchase the required commodities and services in any other manner authorized under Rule 6A-1.012, F.A.C.

GOVERNING LAW JURISDICTION & VENUE: This agreement and each schedule shall be governed in all respects by, and construed in accordance with, the laws of the State of Florida. Proposer irrevocably submits to the jurisdiction of the county or circuit courts of the Fifth Judicial Circuit serving Hernando County, Florida, in all respects to enforce the terms of this agreement, notwithstanding any provisions in the agreement to the contrary, and further agrees that they will present any disputes under this agreement, including, without limitation, any claims for breach or enforcement of this agreement, exclusively to the court. The prevailing party shall be entitled to recover reasonable attorney's fees and court costs for any such action.

COMPLIANCE WITH REGULATIONS: Federal, state, county, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the proposer will in no way be a cause for relief from responsibility. The proposer shall have in their possession all applicable insurance, permits, licenses, etc., that may be required by federal, state, or county law to furnish services under the scope of this contract. The successful proposer must not be in violation of any zoning or other ordinances in the performance of this contract.

ALTERNATIVE PURCHASING OPTIONS (NON-EXCLUSIVITY). This RFQ does not establish an exclusive arrangement between HCSB and the Contractor(s). Additionally, HCSB reserves the following additional unrestrictive rights to:

• use additional vendors to provide the commodities and services, or deliver the same or related products, as described herein when it is to the economic benefit of HCSB; or

• propose any work, products, or services as described herein when it is to the economic benefit of HCSB; or

• purchase items on this ITB from any State of Florida public entity, the General Services Administration (GSA), Bay

Area Schools Purchasing Council (BASPC), or any purchasing cooperative that serves school districts; or

• generate emergency purchases from the next lowest Bid(s); or

• generate additional purchases due to the Contractor’s inability to provide the commodities and services under the requested timeframe.

DISCLAIMER: Employees or representatives of the School Board act exclusively as agents for the administration of this agreement and are not personally or collectively liable for any performance or non-performance under this agreement and/or any agreement resulting from this agreement.

INDEPENDENT CONTRACTOR. HCSB engages the Contractor as an independent business. The Contractor agrees to provide the commodities and services in the manner of and as an independent contractor. In accordance with the status of an independent contractor the Contractor covenants and agrees that the Contractor will conduct itself consistent with such status, that the Contractor will neither hold HCSB as, nor claim to be an officer or employee of HCSB for any right or privilege applicable to an officer or employee of HCSB, including, but not limited to workers’ compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit.

http://www.bidnet.com/

CONFLICT OF INTEREST: The award, hereunder, is subject to the provisions of Chapter 112, Florida Statutes. All proposers must disclose with their proposal, the name of any officer, director or agent who is also an employee of the School Board. Further, all proposers must disclose the name of any School Board employee who owns directly or indirectly an interest of five percent (5%) or more in the proposer’s firm or any of its branches.

SEVERABILITY. In case any one or more of the provisions contained in this solicitation shall be for any reason held to be invalid, illegal, unlawful, unenforceable, or void in any respect, the invalidity, illegality, unenforceability, unlawful, or void nature of that provision shall not affect any other provision and the Agreement shall be considered as if such invalid, unlawful, unenforceable, or void provision had never been included herein.

VARIANCE IN CONDITION: Any and all special conditions and specifications, mutually agreed upon and attached hereto that vary from the general conditions shall have precedence.

PUBLIC RECORDS: Florida law provides that municipal records shall at all times be open for personal inspection by any person (Public Records Law, Section 119.01, Florida Statutes). Information and materials received by the School Board in connection with an Invitation to proposal or Request for proposal response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 30 days after proposal opening, whichever occurs first.

However, certain exemptions to the public records law are statutorily provided for in Section 119.07, Florida Statutes. If the proposer believes any of the information contained in his or her response is exempt from the Public Records Law, then the proposer must in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. The School Board’s determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the School Board and its officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the School Board’s treatment of records as public records. Trade secrets are governed by Florida Statute Chapters 688 and 812.