Recycle_Collection_Services_(Addendum_231_Revision).pdf

THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

PROCUREMENT & DISTRIBUTION SERVICES

2700 Judge Fran Jamieson Way

Viera, FL 32940

REQUEST FOR PROPOSAL

SCOPE OF WORK AND SPECIAL TERMS &CONDITIONS

27-0203-P-JD, RECYCLE COLLECTION SERVICES

ALL PROPOSALS DUE BY: Monday, October 19, 2026 BY 2:00 PM ET

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

PRE-PROPOSAL MEETING: UNDEFINED

PROCUREMENT CONTACT: JOHN DAMELIO, PROCUREMENT AGENT II

PHONE: (321) 633-1000 EXT: 11627

EMAIL: DAMELIO.JOHN@BREVARDSCHOOLS.ORG

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

1.1. Introduction

1.1.1. 1.1.Summary

NOTICE IS HEREBY GIVEN that The School Board of Brevard County, Florida, henceforth referred to as the District or School Board is accepting sealed responses for

Recycle Collection Services (27-0203-P-JD).

Project Overview

The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals to furnish Recycling Collection Services for the use of The School Board of

Brevard County, Florida (School Board).

The deadline to submit questions related to this solicitation is 2:00 pm on Monday, October 5, 2026.

Sealed responses for furnishing the above will be accepted up to 2:00 pm on Monday, October 19, 2026.

NOTE: Respondents are required to submit responses electronically via the

OpenGov e-Procurement Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.

1.1.2. 1.2.Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is 2:00 pm on Monday, October 5, 2026.

Questions regarding this solicitation are to be submitted directly through the OpenGov

Question & Answer portal. Any questions submitted after the date and time specified may not be considered.

Procurement Contact Do not contact any District employee or official regarding this solicitation except the procurement agent listed below:

John Damelio

Procurement Agent II damelio.john@brevardschools.org

(321) 633-1000 Ext: 11627

Requesting Department

OPS-Procurement & Distribution/9680

1.2. Scope of Work

1.2.1. 2.1.PURPOSE & OVERVIEW

The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals to furnish Recycling Collection Services for the use of The School Board of

Brevard County, Florida (School Board).

1.2.2. 2.2.SCOPE OF WORK

The awarded Respondent(s) shall collaborate with the School Board to support and enhance its districtwide recycling initiatives by providing recycling services and promoting responsible recycling practices throughout the District. The awarded

Respondent(s) shall enter into a master agreement with the School Board for the provision of services to its schools and selected ancillary facilities.

1. Introduction

1. The Brevard Public Schools (BPS), Florida, hereafter referred to as the

"District" or "BPS", is seeking a qualified respondent or respondent (s) to provide recycling collection services throughout the District, inclusive of all schools, departments and other facilities as needed. The selected respondent(s) shall be prepared to provide recycling resources and services pursuant to an estimated 84 to 104 locations. The selected respondent(s) shall be a business entity registered with the State of Florida to provide recycling material services and have the authority and legal status to enter into a contract with BPS. The respondent(s) shall comply at all times with applicable Federal, State, and local laws and regulations regarding recycling and the disposal of solid waste.

2. Overview

1. BPS has supported a district-wide recycling program for many years.

Individual sites may need or want to modify their specific site collection based on changes to internal operation and/or respondent(s) available services offered. The respondent should base its price on BPS’s current pickup schedule for single-stream recycling.

3. Recyclable Material List

1. All Recyclable Materials must be as un-shredded, empty, clean (rinsed of heavy food debris), loose and un- bagged.

2. Single Stream Recyclable Materials will consist of BPS's entire volume of:

1. Uncoated office and writing paper, magazines, pamphlets, mail, newspaper; flattened, uncoated cardboard, paperboard boxes.

2. Aluminum food and beverage containers.

3. Tin or steel cans

4. Rigid container plastics #1 and #2, including narrow neck containers and tubs.

5. Any material not specifically set forth above, including but not limited to aseptic containers (juice boxes), batteries, compostable plates/trays, electronics, foil juice pouches, food waste, foam, film plastics, glass, hardbound books, lightbulbs, milk & juice cartons, personal protective equipment (plastic gloves, face masks, etc.), plastic bags of any kind, plastic silverware & straws, tissues, paper towels/napkins, or paper that has been in contact with food, is unacceptable.

4. Recycle Education and Promotion

1. Upon award, the successful respondent(s) shall:

1. Provide educational resources and promotion materials to support and encourage BPS Schools and Ancillary Sites to “Recycling Right” to assist in both increasing recycling rates and to decrease/eliminate recycling contamination across the District.

2. Update BPS on any changes in material recycling capability that impacts either increasing or decreasing recycling opportunities and material additions/subtraction to the Recyclable Material List.

5. Site Coordination

1. Upon award, the successful respondent(s) shall:

1. Schedule collections at all locations to avoid conflict with District activities.

BPS and respondent will work jointly to develop an acceptable and assessable collection schedule. Respondent is required to collect recyclable materials as specified by contract on the day of collection.

2. Provide initial route schedules to BPS formatted on a Microsoft Excel spreadsheet and provide new updated sheet whenever any route schedules changes. Route schedules to include:

1. Route name / number.

2. BPS location.

3. Date(s) / days of service.

4. Time of service.

3. Routes must be completed to maximize efficiency and minimize time of operation. To the extent possible, routes shall be comprised of solely BPS locations. Respondent shall provide to BPS route information to ensure all

BPS containers are being used at their full capacity. BPS will reduce or increase service based upon the route information. If a container is blocked or inaccessible, respondent shall immediately contact BPS to inform of location, issue and provide a photograph. During the hours that

BPS locations are open, drivers shall wait fifteen (15) minutes for BPS to obtain access. If during hours that BPS locations are closed, the container shall be serviced on the next day.

6. Compactors

1. Some sites may use their existing compactor to compact recycled materials. In these cases; and in cases where a site may decide to switch their trash compactor to recycling, the successful respondent shall make the needed accommodations to facilitate the change.

7. Other Required Services

1. Vehicles shall be equipped with GPS system with the ability to time and date stamp at point of collection. Vehicles shall be equipped with cameras to capture photo-evidence of contamination, overages and inability to access containers.

2. In the event of vehicle breakdown(s), respondent will be responsible to provide replacement vehicles and to remove waste within twelve (12) hours.

3. Designated BPS representatives will be permitted, upon request for random inspection(s) to verify material disposal, accounting, and re-use and/or recycling methods.

4. Recycled materials shall not be placed in the landfill or incinerated unless approved in writing by BPS.

8. Customer Service

1. Respondent Contact - An individual within the selected vendor’s operation shall serve as the account representative and primary contact for all matters pertaining to daily operations of this contract.

2. Respondent shall have the ability to conduct all business electronically via electronic mail and by phone. Respondent shall have two (2) hours to respond to all BPS requests for service.

3. The BPS's designated representative shall promptly be notified if any change of work that will adversely affect the performance of the duties required by this contract. Changes in services may be added or deleted with three (3) days of notice from BPS at any time during the term of the contract.

9. Damages and Safety

1. Respondent shall be responsible for any damages to the customer's property resulting from the services provided. Payment may be withheld, when deemed necessary, to insure reimbursement for loss and/or damages to the property through negligence of the selected vendor.

2. All necessary safety precautions shall be taken to protect both personnel and property while the work is in progress.

3. Respondent is required to meet appropriate OSHA standards. All traffic signs, regulations, and speed limits shall be strictly observed. Respondent shall show extreme caution when pedestrians are near the recycling containers or surrounding area. Respondent’s vehicles shall not be left unoccupied, without the removal of the ignition keys. Smoking signs shall be observed.

10. Scheduling

1. Collections shall not be made where it could cause disruptions or hazards to a school “drop off” or “pick up” of students or impact the educational process.

2. The respondent will be provided with a BPS operational schedule at the beginning of each fiscal year which starts in July of each calendar year.

3. No collection of materials shall be allowed on specified testing days. In addition to the calendar, BPS will provide the respondent with a list of schools and their associated test days. At the request of BPS, the respondent shall reschedule collection for other days while still maintaining a reasonable pick-up schedule. Such rescheduling may involve additional pickups and shall be performed at no additional cost to BPS.

4. Work shall be planned and scheduled to ensure sufficient labor, materials, vehicles, equipment, supervision and incidentals necessary are available to complete all work requirements. Recycling material collections shall occur in such a manner as not to cause traffic hazards, inconvenience or discomfort to businesses or individuals in the pick-up area.

5. A collection schedule, identifying the days that pick-ups shall be made at each facility shall be provided to BPS by the selected vendor in electronic spreadsheet format. The schedule shall be kept current and re-issued to BPS with any change in schedule.

6. In the event of extreme weather conditions, selected respondent shall provide service to the best of their ability.

7. There are times when lack of access to a dumpster may occur. When this occurs, it shall be necessary for the respondent to call BPS site facility staff while at the facility to arrange for access.

8. In the event that individual containers are missed during the regular collection route, the respondent must report any missed pickups to BPS the day of occurrence with an explanation detailing why the service did not occur on schedule. Additionally, the respondent shall have all recycling materials collected from the missed containers within 24 hours after notification. If there are three or more missed collections within a single month, the selected vendor shall be in default. Missed pick-ups are unacceptable. Respondent shall ensure that BPS pick-ups are made as scheduled. The respondent’s designated representative shall respond to irregularities in recyclable, and/or special pick-up requests, within 24 hours from initial notification. Respondent shall only accept service requests from BPS’s designated representatives.

9. BPS facilities are closed for certain holidays and breaks during the year. The contractor will be notified of these holidays and breaks, and reduced pick-up shall be required during these times. The selected respondent shall provide recycling service for all days as designated by BPS. Credit shall be given for non-service days. For information only, BPS normally closes an estimated five days during Spring Break, an estimated 7-10 days during Winter Break, and an estimated 60 days during summer break. The respondent shall request notification of dates approximately 15 days in advance of the exact non-service days to ensure proper credit.

11. Legal and Confidentiality Issue

1. All services shall be in compliance with all applicable state, county and municipal laws, requirements, and regulations.

2. Respondent shall assume responsibility for protecting the confidentiality of

BPS by recycling designated office paper in an appropriate manner.

Respondent shall be required to show proof of proper confidential recycling upon request.

12. Respondent Personnel

1. All services provided shall be performed by properly trained personnel that are qualified to perform solid waste collection, recycling and disposal services, as appropriate.

2. Furnish all labor, materials, vehicles, equipment, supervision and incidentals necessary to collect, transport, and dispose of recyclables from BPS facilities/locations.

3. Implement all necessary work control procedures to ensure timely accomplishment of work requirements and tracking of work in progress.

13. Service Containers

1. A service container, i.e. recycling compactor, front-load and roll-off containers, and or recycling totes, are containers used to consolidate single stream recycling materials destined to be picked up by the respondent and transported to the recycling center.

2. The respondent shall keep all outside service containers in good working order. Service containers shall not leak. Service containers that have drainage plugs will be replaced upon request and maintained in good working order. Service containers shall present a neat exterior appearance, free of major dents with lids in good repair and all lids operating freely. Service containers shall be neatly painted and/or replaced as necessary to prevent rusting or an unsightly appearance.

3. Repair, relocate, replace, and clean/sanitize service containers, within seven

(7) calendar days of request by BPS at no additional cost.

4. The service containers appearance is subject to the approval of the BPS designated representative.

1. Front Load Containers

1. i. The respondent shall provide front-load containers in accordance with Attachment “K”, Price Sheet

2. All front load outside service front-load containers shall be placed in designated areas as requested. Front load containers shall be the appropriate size (2-yard, 4-yard, 6-yard, or 8-yard) necessary to collect the recycled volume. Front load containers shall be constructed of high-quality steel or an acceptable alternative approved by BPS. Front load containers must be slant-top style with steel or plastic lift-up lids.

Front load containers used for recycling shall have markings signifying a recycling symbol or wording indicating it is a recycling container.

Additional outside service front-load containers may be requested depending upon volume of recyclables generated at individual BPS locations.

3. Therespondent shall be capable of supplying front-load container locking mechanisms as required by the district.

2. Roll-Off Containers

1. All as needed roll-off containers shall be placed in designated areas as requested. Roll-off containers shall be the appropriate size (20-yard, 30-yard- or 40-yard) necessary to collect the recycled volume. Roll-off containers shall be constructed of high-quality steel or an acceptable alternative approved by BPS. Roll-off containers used for recycling shall have markings signifying a recycling symbol or wording indicating it is a recycling container. Single stream recycling roll-off containers shall have sliding doors with an enclosed top to protect materials from the weather.

3. Recycling service container collection and hauling vehicles shall be sized to allow transit on campus drives and service areas without damage to sidewalks, drives, curbs, grass areas, or landscape materials. Vehicles shall be clearly marked with company name and vehicle number, maintained in good operating condition and appearance and must be clean at all times. Vehicles used for collection are subject to inspection and approval by the BPS. The vehicles shall be operated at all times in accordance with the laws of the State of Florida. All collection and disposal equipment shall be capable of containing liquid and dry refuse without leakage. Backup equipment, containers, and vehicles must be available in the event of primary equipment failure to resume normal service without interruption.

14. Enclosures

1. The selected respondent shall be required to properly open and re-secure all enclosure gates or doors during collection. Gate keys shall be provided by

BPS to allow access to containers during non-business hours. The selected respondent shall be required to sign for keys and shall be required to reimburse BPS for lost keys.

15. Documentation and Reports

1. Recycled materials shall be weighed using accurate weight information and methods and copies of scale tickets shall be furnished upon the request of

BPS. A recycling “Monthly Invoice Summary Report” and a “Monthly

Inspection Audit Report” shall be provided to BPS Energy/Resource

Conservation Department no later than the 10th business day of each month.

See invoice and auditing paragraph below.

2. Respondent shall take a photograph of all front load containers that are overflowing three (3) feet or more above the top rim of the container.

Respondent shall take a photograph of all front load containers that contain

50% or less of full capacity. These photographs will be provided for BPS to increase or reduce service levels and to justify overload fees.

3. Respondent shall furnish BPS a recycling “Monthly Invoice Summary

Report” report by the 10th business day of the month following service. The

“Monthly Invoice Summary” shall be formatted on a Microsoft Excel spreadsheet and include the following:

1. BPS Facility Name, Address and Account Number.

2. Container Size (Cubic Yards)

3. Number of Containers

4. Material Type (Recycling-single stream, Recycling-source separated, Recycling-scrap metal)

5. Scheduled Collection Days

6. Number of Collections per Container

7. Total Cubic Yards Collected –Front Loads Only

8. Date of Service -Roll-Offs Only

9. Net Weight – Compactors and Roll-Offs Only

10. Contracted Cost Per Cubic Yard

11. Contracted Cost Per Haul

12. Disposal Fee

13. Contamination Cost

14. Overflow Cost

15. Recycling Credit

16. Recycling Rebate

17. Extended Cost

18. BPS Cost Center Number

4. Each month, the respondent shall furnish BPS a recycling “Monthly

Inspection Audit Report” by the 10th business day of the month following service. Prior to each month’s service, ten (10) BPS locations from each of the respondent’s routes shall be mutually agreed upon as the Audited locations. A different BPS location must be audited each month, so no BPS location is audited more than once in a contract year. The “Monthly

Inspection Audit” shall be formatted on a Microsoft Excel spreadsheet and include the following:

1. BPS Facility Name and Location

2. Container Size

3. Container Percent Filled (less than 25%, 25%, 50%, 75% or 100%, greater than 100%)

16. Food Waste

1. Respondent shall include a proposal for an optional Food Waste Recycling

Program. The proposal shall include the following information:

1. • Method of collection (container size and types, schedule, etc.)

2. • Cost of collection

3. • BPS locations that can be served

4. • Processing facility to be used

5. • Method to be utilized for weighing the organic material

6. • Reporting process and information to be contained in the report

1.3. General Terms and Conditions

1.3.1. 3.1.GENERAL INFORMATION ABOUT THE DISTRICT

The District and its governing board 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 controlled and operated by District school officials in accordance with Chapter 1001, Florida Statutes. The Board consists of five elected officials responsible for the adoption of policies which govern the District’s schools and departments. The Superintendent of

Schools is responsible for the administration and management of the schools and departments within the applicable parameters of state law, 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 District per

Florida Statutes as prescribed by the State Board of Education.

1.3.2. 3.2.DISTRICT DEMOGRAPHICS

The District is coterminous with School Board. The District currently operates 85 traditional schools including 57 Elementary Schools, 12 Middle Schools, 5 Jr/Sr. High

Schools and 11 High Schools, as well as 14 public charter schools and 11 alternative sites/special centers. The total full-time K-12 enrollment of public school (including public charter schools) students as of October 14, 2024 was 74,098. In Fiscal Year 2022, according to the National Center of Education Statistics, the District was reported as the

11th largest school district in the State of Florida and the 49th largest school district in the

United States, as ranked by student population. The District is the largest employer in

Brevard County with approximately 9,000 employees.

1.3.3. 3.3.POSTING OF SOLICITATION CONDITIONS/SPECIFICATIONS

This solicitation will be posted for review by interested parties on OpenGov web site

Procurement Portal (opengov.com) and will remain posted up to and including the Due

Date of this solicitation. In accordance with Section 120.57(3), Florida Statutes, with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any https://procurement.opengov.com/portal/brevardschools contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Section

120.57(3), Florida Statutes, will constitute a waiver of proceeding under Chapter 120, Florida Statutes.

1.3.4. 3.4.CONE OF SILENCE

In accordance with Board Policy 6320, titled “Procurement and Contracting”, A “cone of silence” is hereby established for all competitive selection processes including Invitations to Bid (ITB), Request for Proposal (RFP), Invitations to Negotiate (ITN), and Request for

Qualifications (RFQ) for the provision of commodities and contractual services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement of same. The cone of silence prohibits any communication regarding a competitive solicitation between: a potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the

District, including school principals and department directors; and a potential vendor, service provider, bidder, lobbyist, or consultant and any one (1) or more of the Board members or member-elects. The cone of silence commences after the competitive solicitation is publicly issued and terminates at the time the Board or Superintendent or designee acts on a written recommendation from the District’s Procurement and

Distribution Services department regarding contract award. A potential vendor, service provider, bidder, lobbyist, or consultant shall direct any inquiries, suggestions or requests to the procurement representative listed within the solicitation. Violation of this policy by a particular bidder, proposer, respondent, and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent, and/or representative's bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable.

1.3.5. 3.5.CLARIFICATION AND ADDENDA

1. It is incumbent upon each respondent to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information shall be made in writing to the designated procurement representative listed within the solicitation named herein. The School Board will not be responsible for any oral representation(s) given by any employee, representative, or others. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given.

2. If it becomes necessary to revise or amend any part of this solicitation, notice may be obtained by accessing our web site. Respondents in their proposal shall acknowledge receipts of amendments. Each respondent shall ensure that they have received all addenda and amendments to this solicitation before submitting their proposal. Please check the web site at Procurement Portal (opengov.com) for any addenda. The District will not mail/fax/email addenda to prospective respondents.

1.3.6. 3.6.PUBLIC OPENING

The solicitation proposals shall be opened at the date, time and place listed herein, or as amended in the form of an addenda. Only the names of the respondents submitting a proposal will be read aloud at the public opening. A list of the respondents submitting proposals will be available in the project's Procurement Portal (opengov.com) after opening. In accordance with Section 119.071(1)(b), Florida Statutes, sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), Florida Statutes, and Section 24(a), Art. I of the State

Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from

Section 119.07(1), Florida Statutes, and Section 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation.

A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial agency notice rejecting all bids, proposals, or replies.

1.3.7. 3.7.ELECTRONIC RESPONSE SUBMITTAL

Respondent shall submit all documents pertaining to this solicitation electronically through the procurement portal at https://procurement.opengov.com/portal/brevardschools

1. Upload files only in Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or .pptx), Adobe Portable Document Format (.pdf), or

.ZIP file formats.

2. Enable Printing on all files submitted.

3. All required documents must be fully filled out and signed by an official who is authorized to legally bind the Respondent on all solicitation specifications.

4. Clearly identify each part of the submission.

5. Terms and Conditions submitted by Respondent which differ from those in this solicitation may be cause for disqualification of the proposal.

1.3.8. 3.8.EXECUTION OF SOLICITATION

The proposal shall contain a manual or digital signature in the space(s) provided of a representative authorized to legally bind the respondent to the provisions therein. All spaces requesting information from the respondent shall be completed. Proposals shall be typed or printed in ink. Use of erasable ink or pencil is not permitted. Any correction made by the respondent to any entry must be initialed.

1.3.9. 3.9.DISCLOSURE OF SOLICITATION CONTENT

1. All material submitted becomes the property of the District and may be returned only at the District's option. The District has the right to use any or all ideas presented in any reply to this solicitation. Selection or rejection of any proposal does not affect this right.

2. The District is governed by the Public Record Law, Chapter 119, Florida Statutes

(F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the School Board for road or public works projects as defined in 119.071(1)(c), F.S. (hereinafter “Confidential Materials”), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an executed Non-Disclosure

Agreement for Confidential Materials and each pertinent page must be clearly labeled “confidential” or “trade secret.” The District will not disclose such

Confidential Materials, subject to the conditions detailed within the agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed agreement, the District shall execute the Agreement and send the respondent a “Receipt for Trade Secret Information.” RETURN THE

NON-DISCLOSURE AGREEMENT ONLY IF CONFIDENTIAL MATERIALS ARE

BEING INCLUDED IN THE SOLICITATION. PLEASE READ THE SECTION IN

THE SOLICITATION DOCUMENT TO DETERMINE IF THIS APPLIES. THE

CONFIDENTIAL MATERIALS WILL ONLY BE HANDED OUT TO THE

SELECTION COMMITTEE ON THE DAY OF THE EVALUATION, THEREFORE,

THE EVALUATION OF THIS MATERIAL WILL BE LIMITED TO THAT TIME

ONLY.

1.3.10. 3.10.INCURRED EXPENSES

This solicitation does not commit the School Board to award a contract nor shall the

District be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a proposal, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement.

1.3.11. 3.11.PRICING

Unless otherwise specified, prices offered shall remain firm for a period of at least sixty

(60) days; all pricing of goods shall include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the District to a secure area or inside delivery; all prices of services shall include all expenses necessary to provide the service at the location specified.

1.3.12. 3.12.MEETS SPECIFICATIONS

The respondent represents that their proposal to this solicitation shall meet or exceed the minimum requirements specified.

1.3.13. 3.13.BRAND NAME OR EQUAL

If items requested by this solicitation have been identified in the specifications by a Brand

Name “OR EQUAL” description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Proposals offering “equal” products will be considered for award if such products are clearly identified in the offer and are determined by the District to meet fully the salient characteristic requirements listed in the specifications. Unless the respondent clearly indicates in its proposal that it is proposing an “equal” product, the proposal shall be considered as offering the same brand name product referenced in the specifications.

If the respondent proposes to furnish an “equal” product, the brand name of the product to be furnished shall be clearly identified. The evaluation of proposals and the determination as to equality of the product offered shall be the responsibility of the District and will be based on information furnished by the respondent. Procurement & Distribution

Services is not responsible for locating or securing any information which is not identified in the proposal and reasonably available to Procurement & Distribution Services. To insure that sufficient information is available the respondent shall furnish as part of the proposal all descriptive material necessary for Procurement & Distribution Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the respondent proposes to furnish and what the District would be binding itself to purchase by making an award.

1.3.14. 3.14.SAMPLES

When required, samples of products shall be furnished with proposal to the District at no charge. Samples may be tested and will not be returned to the respondent. The result of any and all testing shall be made available upon written request.

1.3.15. 3.15.SILENCE OF SPECIFICATIONS

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

1.3.16. 3.16.LITERATURE

Upon request, the respondent shall furnish literature reasonably related to the products or services offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.

1.3.17. 3.17.TRAINING

Unless otherwise specified respondent may be required at the convenience of and at no expense to the District to provide training to District personnel in the operation and maintenance of any item purchased as a result of this solicitation.

1.3.18. 3.18.SAFETY WARRANTY

Any successful respondent, including dealers, distributors, and/or manufacturers, shall be responsible for having complied with all Federal, State, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies.

1.3.19. 3.19.WARRANTY

The respondent agrees that, unless otherwise specified, the product and/or service furnished as a result of this solicitation and award thereof shall be covered by the most favorable commercial warranty the respondent gives to any customer for comparable quantities of such products and/or services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the School Board by any other provision of the solicitation. Respondent warrants the services furnished under an awarded contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria, for a period of one

(1) year from the date of acceptance. Equipment provided must include the manufacturer’s warranty, the successful respondent shall fully guarantee all items furnished hereunder against defect in material and workmanship for the manufacturer’s normal period of time from date of acceptance by the District. Should any defect in material or workmanship appear, excepting ordinary wear and tear, during the warranty period, the successful respondent shall repair or replace same at no cost to the District immediately upon written notice from the District. All warranty paperwork shall be included with Deliverables prior to acceptance by the District.

1.3.20. 3.20.ACCEPTANCE

Products purchased as a result of this solicitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at respondent’s expense. Those items and items not delivered by the delivery date specified in an accepted proposal and/or via a purchase order may be purchased on the open market. Any increase in cost may be charged against the respondent.

1.3.21. 3.21.OTHER AGENCIES

1. All respondents awarded contracts from this solicitation may, upon mutual agreement with the successful respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include public charter schools to participate in the contract under the same prices, terms, and conditions.

2. Further, it is understood that each entity will issue its own purchase order to the successful respondent(s).

1.3.22. 3.22.COLLUSION

The School Board of Brevard County, Florida reserves the right to disqualify proposals upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the process in a manner that conflicts with applicable law, upon the part of the respondent(s), respondent’s employees or agents, the District’s

Professional Consultant(s), or Consultant’s agents, or any District employee(s) who may, or may not, be involved in the development of specifications and/or firm schedules.

Multiple proposals from an individual, partnership, corporation, association (formal or informal) or respondent under the same or different names shall not be considered.

Reasonable grounds for believing that a respondent has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such respondent is believed to have an interest. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the respondents, the

District’s Professional Consultant(s), or District employees. Respondents involved in developing a specification or respondents with knowledge of specifications prior to an advertisement shall be disqualified from participating in the solicitation process.

1.3.23. 3.23.MINIMUM SPECIFICATIONS

The specifications listed in the Scope of Services are the minimum required performance specifications for this solicitation. They are not intended to limit competition nor specify any particular respondent, but to ensure that the District receives quality services.

1.3.24. 3.24.FORCE MAJEURE

The District and the respondent will exercise every reasonable effort to meet their respective obligations as outlined in this solicitation and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. Force Majeure will include epidemics and quarantine restrictions as acts of God and governmental law and regulation.

1.3.25. 3.25.RESPONDENT’S PERSONNEL

The respondent shall be responsible for ensuring that its employees, agents, and subcontractors comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position.

The respondent certifies that it does not and will not during the performance of the contract employ illegal alien workers or otherwise violate the provisions of the federal

Immigration Reform and Control Act of 1986, as amended.

During the performance of the contract, the respondent agrees to the following:

The respondent shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the respondent. The respondent agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

The respondent, in all solicitations or advertisements for employees placed by or on behalf of the respondent, shall state that such respondent is an Equal Opportunity

Employer.

Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

The respondent shall include the provisions of the foregoing paragraphs above in every subcontract or purchase order so that the provisions will be binding upon each respondent.

The respondent and any subcontractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended.

Any information concerning the District, its products, services, personnel, policies or any other aspect of its business learned by the respondent or personnel furnished by the respondent in the course of providing services pursuant to an agreement, shall be held in confidence and shall not be disclosed by the respondent or any employee or agents of the respondent or personnel furnished by the respondent, without the prior written consent of the District.

1.3.26. 3.26.KEY PERSONNEL

Respondent’s Key Personnel (if any) shall be identified in the proposal, and may include employees, agents, subcontractors, or other personnel of the respondent. The respondent agrees that in the event it becomes necessary for the respondent to change

Key Personnel while performing Services under an awarded contract, substitution of Key

Personnel shall take place only upon the District’s prior written consent. Failure to notify the District prior to the change of Key Personnel, or a substantial change in Key Personnel as determined by the District, may be sufficient cause for Termination.

1.3.27. 3.27.TERMS & CONDITIONS

The terms and conditions contained in this solicitation shall apply to all Purchase Orders issued under this solicitation unless the District specifically details other terms on the

Purchase Order. The District and the respondent should take care to ensure that project specific changes to these terms are as explicit as possible. All inconsistencies will be resolved in the best interests of the District.

1.3.28. 3.28.ADVERTISING

The successful respondent shall not publicly disseminate any information concerning the resulting contract without prior written approval from the District, including, but not limited to mentioning the contract in a press release or other promotional material, identifying the

District, Individual Departments, District Personnel, as a reference, or otherwise linking the District’s name and either a description of the contract or the name of the District, its departments, or employees, in any material published, either in print or electronically, to any entity that is not a party to the contract, except potential or actual authorized subcontractors, distributors, dealers, resellers, or service representatives.

1.3.29. 3.29.SECURITY AND CONFIDENTIALITY

The successful respondent shall comply fully with all security procedures of the District in performance of the contract. The successful respondent or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the District. The successful respondent shall not be required to keep confidential information or material that is publicly available through no fault of the successful respondent, material that the successful respondent developed independently without relying on the District’s confidential information or material that is otherwise obtainable under Florida law as a public record. To insure confidentiality, the successful respondent shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the contract.

1.3.30. 3.30.TOBACCO

The School Board prohibits the use of tobacco products on school grounds, in school buildings and facilities, on school property, or at school-related or school-sponsored events. Refer to Board Policy 3215 - Tobacco Use.

1.3.31. 3.31.SCHOOL SECURITY

Respondent acknowledges and understands that the goods or services contemplated under this solicitation that are delivered to or performed on school grounds, which may at various times be occupied by students, teachers, parents, and school administrators.

Accordingly, in order to secure the schools, protect students and staff, and otherwise comply with applicable law, the respondent (successful respondent) agrees to the following provisions and agrees that the failure of the respondent to comply with any of these provisions may result in the termination of a resulting contract by the District:

1. Unauthorized Aliens. The District considers the employment of unauthorized aliens by the successful respondent, or any of successful respondent’s sub-contractors, a violation of the Immigration and Naturalization Act. The successful respondent shall certify that no unauthorized aliens are working on the project site at any time. If it is determined that an unauthorized alien is performing services, the successful respondent shall immediately take all steps necessary to remove such unauthorized alien from the property and the project.

2. Possession of Firearms. Possession of firearms is not permitted on District property. No person who has a firearm in his/her vehicle may park his/her vehicle on District property. If any employee/independent contractor of the successful respondent, or any of its sub-contractors, is found to have brought a firearm(s) on to District property, said employee/independent contractor shall be immediately removed and terminated from the project by the successful respondent. If a sub-contractor fails to terminate said employee/independent respondent, the successful respondent shall terminate its agreement with the sub-contractor. If the successful respondent fails to terminate said employee/independent contractor or fails to terminate the agreement with a sub-contractor who fails to terminate said employee/independent contractor, the District may terminate any awarded contract. “Firearm” means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive devise, or any machine gun. Powder actuated construction nailers and fasteners are excluded from this definition.

3. Criminal Acts. Employment on the project by the successful respondent, or any of its sub-contractors, of any employee, or independent contractor, with any prior convictions of any crimes against children, crimes of violence, or crimes of moral turpitude will not be tolerated. If it is determined that any person with such criminal history is on the project site, the successful respondent agrees to take all steps necessary to remove such person from the project. The District shall have the right to terminate an awarded contract if the successful respondent does not comply with this provision.

4. 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 the successful respondent’s employee/independent contractor or its sub- contractor’s employees/independent contractors, will not be tolerated on District 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 District property, said employee/independent contractor shall be removed and terminated from the project by the successful respondent. If a sub-contractor fails to terminate said employee/independent contractor, the agreement with the sub-contractor for the project shall be terminated by the successful respondent. If the successful respondent fails to terminate said employee/independent contractor of fails to terminate the agreement with the sub-contractor or fails to terminate the agreement with the sub- contractor who fails to terminate said employee/independent contractor, the District may terminate an awarded contract.

5. Compliance with the Jessica Lunsford Act. Florida Statutes require that all persons or entities entering into contracts with the School Boards/School

Districts/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the Level 2 screening requirements of the Florida Statutes and School Board policies. The required Level 2 screening includes fingerprinting that must be conducted by the District. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of an awarded contract. The cost of this Level 2 screening shall be borne by the successful respondent.

1.3.32. 3.32.FERPA

To the extent services provided hereunder pertain to the access to student information, Respondent shall adhere to all standards included in the Family Educational Rights and

Privacy Act (FERPA) and Sections 1001.41 and 1002.22, Florida Statutes (the Protection of Pupil Privacy Acts), and other applicable laws and regulations as they relate to the release of student information.

1.3.33. 3.33.PAYMENT TERMS

1. The District will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered.

2. Pursuant to Chapter 218, Florida Statutes, the District will pay interest not to exceed one percent (1%)…