RFP NO. 18-03 - Bay District Schools Requests/RFP 18-03 Exclusive... · District High Schools: Bay...

Bay District Schools RFP #18-03 Exclusive Non-Alcoholic Beverage Pouring Rights and Advertising Partnership for Tommy Oliver Stadium

Request for Proposals (RFP) Exclusive Non-Alcoholic Beverage Pouring Rights and Advertising Partnership for Tommy Oliver Stadium

Bay District Schools Purchasing Department 1150 West 17th Street

Panama City, FL 32405

RFP NO. 18-03

RFP TITLE Exclusive Non-Alcoholic Beverage Pouring Rights and Advertising Partnership for Tommy Oliver Stadium

PURCHASING CONTACT Tonia E. Lawson

General Manager of Purchasing, Contracting & Materials Management E: [email protected]

P: 850-767-4209

OPENING DATE November 14, 2017, at 2:00 PM CT

mailto:[email protected]


DELIVER TO: THE SCHOOL DISTRICT OF BAY COUNTY PURCHASING DEPARTMENT 1150 WEST 17TH STREET PANAMA CITY, FL 32405

SEALED PROPOSAL DO NOT OPEN SEALED RFP NO: RFP 18-03 RFP TITLE: EXCLUSIVE NON-ALCOHOLIC BEVERAGE POURING RIGHTS AND ADVERTISING PARTNERSHIP FOR TOMMY OLIVER STADIUM DUE DATE/TIME: November 14, 2017 AT 2:00 PM CST SUBMITTED BY: ________________________________________ NAME OF COMPANY


Table of Contents

Section Number Topic Page Number

Proposal Acknowledgement Form 5

Section 1.0 Introduction 6

Section 2.0 Scope of Services 6

Section 3.0 Ex Parte Communication 8

Section 4.0 Preparation and Submission Requirements 9

Section 5.0 Familiarity with District and Additional Information 11

Section 6.0 Anticipated Time Schedule 11

Section 7.0 District’s Rights and Reservations 11

Section 8.0 Term 12

Section 9.0 Incentives 12

Section 10.0 Proposal Format and Evaluation Criteria 13

Section 11.0 Proposal Evaluation Process 15

Section 12.0 Termination, Suspension and Remedies 16

Section 13.0 Default 17

Section 14.0 Legal Requirements 17

Section 15.0 Federal and State Tax 21

Section 16.0 Conflict of Interest 21

Section 17.0 Insurance Requirements 22

Section 18.0 Indemnification / Hold Harmless Agreement 23

Section 19.0 Public Records Laws 24

Section 20.0 Permits and Licenses 25

Section 21.0 Public Entity Crimes 25

Section 22.0 Local Preference in Purchasing 25

Section 23.0 Drug Free Workplace 26

Section 24.0 Assignment of Contract and/or Payment 26

Section 25.0 Agreement 27

Section 26.0 Dispute 27

Section 27.0 Disclaimer 27

Required Forms to be returned: Proposal Acknowledgement Form


Attachment A – Required Response Form Attachment B – Drug Free Workplace Attachment C – Conflict of Interest Attachment D – Public Entity Crimes Statement Attachment E – Claiming Local Preference


BAY DISTRICT SCHOOL PURCHASING DEPARTMENT

Sealed proposals shall be received at:


Panama City, FL 32405 until:__ November 14, 2017 at 2:00 PM CT___

Oral, telephonic (facsimile, telex), telegraphic, or electronic (e-mail) proposals are invalid and will not receive consideration. Proposals POSITIVELY will not be considered after the time above. Proposals may not be withdrawn for a period of sixty (60) days from the date of the opening.

NOTE: VERBAL TABULATIONS WILL NOT BE GIVEN BY TELEPHONE. PLEASE SEND A SELF-ADDRESSED ENVELOPE WITH POSTAGE FOR A MAILED COPY OF THE TABULATION. TABULATIONS ARE ALSO POSTED ON THE PURCHASING WEBSITE AT www.bay.k12.fl.us IN THE “AWARDED BIDS & CONTRACTS” SECTION.

PROPOSAL ACKNOWLEDGEMENT FORM

_____________________________________________________________________________ COMPANY

______________________________________________________________________________

MAILING ADDRESS

______________________________________________________________________________ CITY – STATE – ZIP CODE

______________________________________________________________________________

TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS

BY:____________________________________________________________________________ NAME – PLEASE PRINT

______________________________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE

NOTE: THIS PROPOSAL IS NOT VALID UNLESS THIS PAGE IS SIGNED ON THE ABOVE LINE BY AUTHORIZED REPRESENTATIVE & RETURNED WITH PROPOSAL.

http://www.bay.k12.fl.us/


1.0 INTRODUCTION:

1.1 Bay District Schools (hereinafter referred to as the “District”) is requesting proposals from qualified beverage providers that desire the right to be the exclusive supplier of non-alcoholic beverages to the customers at the soon to be newest football stadium – Joe and Jeanette Chapman Field at Tommy Oliver Stadium. The product line of the awarded Proposer (hereinafter referred to as the “Contractor”) will be offered as the exclusive beverage product line available through the stadium concessions during high school varsity football athletic events. The product line should include carbonated beverages, non-carbonated beverages, fruit drinks, sport beverages and bottled water products.

It shall be understood that, for the privilege of exclusivity the Contractor shall afford the District financial incentives which may include a sponsorship premium (payable in installments), continuing sales commissions, rebates, marketing opportunities and other incentives as may be required for a term ten (10) years.

1.2 The Joe and Jeannette Chapman Field at Tommy Oliver Stadium project is a complete high

school athletic facility replacement project that supports the home field for three (3) Bay District High Schools: Bay High School, Rutherford High School and Mosley High School. We anticipate construction to be completed January 2018. The first event in the new stadium with be graduation at the end of May 2018 with the first District football game at the end of August 2018.

1.3 The phased construction will include a total of 7,000 spectator seats home and visitor’s

sides grandstands, including approximately 250 home side booster seats; restroom facilities on both sides of the field, with an officials lounge; bath area and storage rooms on the home side; a new home side concessions building with a placeholder for a future visitor side concession building; a new visitor side field house; a remodeled home side field house; a 6-booth press box with 2-end exterior covered balconies, and a small interior reception area; elevator access to the special booster seats and the press box; a home side covered entrance concourse; new playing field, track and field equipment; new athletic field lighting and control system; new audio system (with mobile device hard of hearing listening capability) and wireless access; fencing; auto and bus parking facilities with controlled LED lighting; landscaping; newly replaced underground utilities and infrastructure; and updated maintenance facilities.

2.0 SCOPE OF SERVICES:

2.1 The District is requesting proposals for an exclusive non-alcoholic beverage pouring rights and advertising partnership contract for the Tommy Oliver Stadium. For this exclusive agreement, the District is requesting financial and non-financial incentives as described in Section 8.0.

2.2 The Contractor’s product line will be offered as the exclusive beverage product line

available through stadium concessions during District high school varsity football athletic


events and other District athletic events at the Joe and Jeanette Chapman Field at Tommy Oliver Stadium.

2.3 It shall be understood that, for the privilege of exclusivity the Contractor shall afford the District financial incentives which may include a sponsorship premium (payable in installments), continuing sales commissions, rebates and other incentives as may be required or offered.

2.4 All products are to be delivered to stadium to an area designated by an authorized District representative. Deliveries shall be made during normal business hours, Monday through Friday, 8:00 am through 3:00 pm.

2.5 The product line to be sold at stadium shall be by mutual agreement between the District and the Contractor.

2.6 The District will not be required to furnish any storage space for beverage products owned by the Contractor. The District may provide temporary storage of concession equipment without charge. The District will bear no financial responsibility in the event of theft or product damage.

2.7 The Contractor must have one (1) individual who serves as a single point of contact for the District. The single point of contact must understand the beverage industry as it relates to the District and have ready access to expert marketing support to optimize discretionary sales to the public.

2.8 The Contractor shall include an initial pricing proposal for every product to be offered. Once the District has approved the initial product line offered by the Contractor, the Contractor will be allowed to add new products to the product line with prior written approval from the General Manager of Purchasing, Contracting and Materials Management in the form of an amendment to the contract.

2.9 The unit price for products to be purchased for resale by the District shall remain firm for the first contract year and shall include all freight and handling charge, F.O.B. destination. The Contractor will be permitted to increase pricing on products purchased for resale once annually after the first year of the contract. Price increases must be submitted 60 days prior to the annual start date of the contract. Any price increases will be determined using the Consumer Price Index for all urban consumers (CPI-U) U.S. City Average, for non-alcoholic beverages and beverage materials as published by the U.S. Bureau of Labor Statistics. The published results for the twelve (12) months prior to the price increase request will be used in determining the price increase.

2.10 All financial records of the Contractor pertaining to the RFP and resulting contract shall be made available to the District or an authorized District representative.

2.11 The District must approve the Contractor’s monthly management report format for the purpose of tabulating and monitoring sales receipts and the calculation of monthly


commission payments. The report shall be submitted to an authorized District representative and shall include detailed sales reports by product and machine location as well as periodic reconciliation of the sales dollars from each location. The report shall separate sales and commission payments and rebates by site and by program.

2.12 The Contractor shall maintain complete and accurate records for a minimum period of ten (10) years after the close of each year’s operation.

2.13 In the event the Contractor cannot provide contracted products for any reason to the stadium, the District reserves the right to obtain these products or similar products elsewhere.

2.14 The District reserves the right to terminate the contract resulting from this RFP by giving the Contractor thirty (30) days written notice. Any prepaid inducements will be prorated up to the cancellation date and unearned amounts will be refunded to the Contractor. The Contractor, after receipt of a Notice of Termination, shall stop work as specified under the contract, fill no further orders and promptly remove all vending machines from the District.

Termination or cancellation of this contract will not relieve the Contractor of any obligations for deliverables (i.e. reports, statement of accounts, etc.) required and not received. Termination or cancellation of the contract will not relieve the Contractor of any obligations or liabilities resulting from any acts committed by the Contractor prior to the termination of the contract.

3.0 EX PARTE COMMUNICATION:

Ex parte communication, whether verbal or written, by any potential proposers/respondents or

representative of any potential proposers/respondents to this RFP with District personnel or with

the Legal Services personnel involved with or related to this RFP, other than as expressly

designated in this document, is strictly prohibited. Violation of this restriction may result in the

rejection/disqualification of the proposer’s/respondent’s proposal.

Ex parte communication (where verbal or written) by any potential proposers/respondents or

representative of any potential proposers/respondents to the RFP will District Board members

and Superintendent is also prohibited and will result in the disqualification of the

proposers/respondents.

Notwithstanding the foregoing, communications are permissible by this Section when such

communications with a prospective proposer/respondent are necessary for, and solely related to,

the ordinary course of business concerning the District’s existing contract(s) for the materials or

services addressed in this RFP.

However, in no event shall any existing vendor intending to submit a proposal initiated

communications to any member(s) of the Bay District School Board; it being understood such

communication initiated by a vendor under these circumstances would not be in the ordinary

course of business.


3.1 Point of Contact: For information concerning procedures for responding to the proposal terms, requirements, conditions and specifications, contact via email only, Tonia E. Lawson, General Manager of Purchasing, Contracting & Materials Management, Bay District School Purchasing Department, @ [email protected]. Such contact shall be for clarification purposes only.

3.2 Questions: Proposers may submit questions no later than the day and time listed herein.

The Purchasing Department shall not respond to any questions submitted through any other formats or mediums than the one specified. The purpose of the question period is to promote a proposer’s full understanding of solicitation requirements by providing binding answers to the questions submitted. The Purchasing Department shall not be bound by any verbal or written information that is not contained within the solicitations documents or formally notices issued by the District. All questions shall be submitted no later than October 20, 2017 @ 4:00 PM CT with answers to questions submitted being issued via addendum no later than November 7, 2017 @ 4:00 PM CT.

3.3 All notices relative to this RFP, including but not limited to, initial release, addendums, letters of intent and/or awards will be posted on the District Purchasing website http://www.bay.k12.fl.us/departments/finance/Purchasing/tabid/319/Default.aspx.

3.4 Lobbying: Any vendor or lobbyist for a vendor is prohibited from having any communications concerning this solicitation for a competitive procurement with any District Employee, School Board Member or Superintendent of Schools, after the Purchasing Department releases the solicitation to the general public.

This “Cone of Silence” shall go into and remain in effect from the time of release of the

solicitation until the contract is awarded by the District. All communications regarding this solicitation shall be directed to the designated point of contact listed herein. Any bidder and associated bid found to be in violation of this requirement shall be declared non-responsive, returned unopened, and the bidder facing possible disbarment.

4.0 PREPARATION & SUBMISSION REQUIREMENTS:

Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole discretion of the District. 4.1 All proposals must be received no later than November 14, 2017 @ 2:00 PM CT. If a

proposal is transmitted by US Mail or other delivery medium, the Proposer(s) will be responsible for its timely delivery to:


Panama City, FL 32401

Any proposal received after the stated time and date or at another location will not be

considered and will be returned unopened to the Proposer(s) after the evaluation.

mailto:[email protected]

http://www.bay.k12.fl.us/departments/finance/Purchasing/tabid/319/Default.aspx


4.2 The original, five (5) photocopies and one (1) electronic file format copy on a USB drive of

the proposal must be sealed in one package and clearly labeled “RFP #18-03 Exclusive Pouring Rights TOS” on the outside of the package. The legal name, address, and proposer’s contact person must be also clearly noted on the outside of the package. Failure to submit one (1) original proposal with a manual signature may result in rejected of the bid. The original package will be date and time stamped upon receipt.

The manually signed original shall be clearly marked as “ORIGINAL”. Once accepted, all

original proposals and any copies of proposals become the sole property of the District and

may be retained by the District or disposed of in any manner the District deems appropriate.

All proposals must be signed by an officer or employee having authority to legally bind

the proposer(s).

Any corrections of unit prices must be by line-outs of the original prices with correct

amounts typed or written in and initialed by the originator. Corrections made using

correction fluid (white out) or any other method of correction are unacceptable.

NOTE: It is the sole responsibility of each respondent to assure all proposal copies are

EXACT duplicates of the original proposal. USB flash drives will be utilized by the Evaluation

Committee for the purpose of evaluating the proposals.

Any information contained in the original proposal which has not been transferred to the

USB flash drive or photocopies will NOT be considered. The original document will be used

solely for official record keeping purposes.

4.3 Potential proposers shall not contact, by written or verbal communications, any District

employee for information regarding this RFP other than as expressly permitted by this RFP. The District will present additions, deletions or modifications to information contained in the RFP document to all potential proposers by means of a written addendum, if necessary.

No verbal or written information which is obtained other than by information in this

document or by addendum to this RFP will be binding on the District. Any questions or requests for clarification regarding this RFP shall be submitted to Tonia Lawson, General Manager of Purchasing, Contracting & Materials Management, in writing via email at [email protected].

4.4 Proposers should be familiar with any local conditions that may, in any manner affect the

services required. The proposer(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions. Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole discretion of the District.


4.4 Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer for a period of ninety (90) days, to provide the District ample time to award the contract for services specified in the proposal and this RFP.

Concurrent with the delivery of the proposal, the proposer shall also include the following

documents:

Attachment A – Required Response Form

Attachment B – Drug Free Workplace

Attachment C – Conflict of Interest

Attachment D – Public Entity Crimes Statement

Attachment E – Claiming Local Preferences 5.0 FAMILIARITY WITH DISTRICT AND ADDITIONAL INFORMATION:

Proposers should become familiar with any local conditions, which may in any manner, affect the services required. The proposer(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the services to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions. Submission of a proposal shall constitute acknowledgement by the proposer that it is familiar with

all conditions. The failure to familiarize itself with the sites shall in no way relieve it from any

obligations with respect to the proposal.

6.0 ANTICIPATED TIME SCHEDULE: The District will attempt to use the time schedule as indicated below. The dates and times are

subject to change as conditions may dictate.

Date Activity

October 18, 2017 RFP Released

October 30, 2017 @ 4:00 PM CT Deadline for Questions / Requests for Information due in

November 7, 2017 @ 4:00 PM CST Release of Official Response to Questions

November 14, 2017 @ 2:00 PM CT Proposals due, opened and recorded

November 27-29, 2017 Evaluation Committee Meeting(s) time & location TBD

December 4, 2017

Notice of Intent – Post Award Recommendation (tentative date)

December 12, 2017 Award Recommendation Submitted to School board for Approval

TBA Contract Begins NOTE: All times stated are Central Time (CT).

7.0 DISTRICT’S RIGHTS AND RESERVATIONS:

A. The District reserves the right to accept or reject any or all proposals.


B. The District reserves the right to waive any irregularities and technicalities and may at its sole discretion request clarification or other information to evaluate any or all proposals.

C. The District reserves the right, before awarding the Contract(s), to require proposer(s) to

submit additional evidence of qualifications or any other information the District may deem necessary.

D. The District reserves the right, prior to its Board approval, to cancel the RFP or portions

thereof, without liability to any proposers or the District.

E. The District reserves the right to: (1) accept the proposals of any or all of the items it deems, at its sole discretion, to be in the best interest of the District; and (2) the District reserves the right to reject any and/or all items proposed.

F. The District reserves the right to further negotiate any proposal, including price, with the

highest rated proposer(s). G. If an agreement cannot be reached with the highest rated proposer(s), the District reserves

the right to negotiate and recommend award to the next highest ranked Proposer(s) or subsequent Proposer(s) until an agreement is reached.

8.0 TERM:

The term of this contract shall be for ten (10) years, beginning February 1, 2018 and ending June January 31, 2028. All terms and conditions of this RFP, any addenda and negotiated terms are incorporated into the contract by reference as set forth herein.

9.0 INCENTIVES:

Respondents provide their best financial incentives with the initial proposal since the District reserves the right to award a contract based on initial proposals without further discussion or negotiation.

9.1 Each proposal shall contain information, without limitation, on incentives and may include

but not be limited to:

9.1.1 Advanced Fee: A one (1) time advanced payment (the “Advanced Fee”). The Advanced Fee will be paid to the District within thirty (30) days after the agreement resulting from this RFP is fully executed, and shall be deemed earned evenly over the five (5) year term of this RFP.

9.1.2 Sponsorship Funding: A cash amount offered by the Contractor to the District

as a payment for the five (5) year award of exclusive beverage rights as outlined in this document. Sponsorship Funding will be paid to the District in five (5) equal annual installments. The first installment will be paid within thirty (30) days after


the agreement is fully executed. Subsequent payments shall be made to the District annually on the anniversary date of each remaining year of the agreement. Sponsorship Funding shall be deemed earned evenly on a monthly basis over the agreement year in which they are paid.

9.1.3 Commissions: A commission percentage offered by the Contractor to the District based on concession stand sales less all applicable state and real property taxes. Commissions will be paid quarterly, in arrears, with an accounting of all sales and monies. The percentage of revenue offered shall be by the price times the units sold.

All products presented for resale at concession stand and special events at Tommy Oliver Stadium shall be purchased and delivered by the awarded Contractor.

9.1.4 Rebates: Financial rebates based upon an amount for each case of product sold to the District. Rebates will be paid quarterly, in arrears, with an accounting of all purchases and monies.

Financial rebates based upon an amount for each case of product sold to Booster Clubs. Rebates will be paid quarterly, in arrears, with an accounting of all purchases and monies. In the event prices are increased for products sold to the District or Booster Clubs, the rebate shall increase by the same percentage amount.

9.1.5 Complimentary Products: Annual donations to be provided to stadium as

complimentary product.

9.1.6 Equipment: All refrigerated coolers necessary for the execution of concessions/special events are to be provided by the Contractor. Equipment to remain the property of Contractor, and Contractor may request access to the equipment at any reasonable time. Additional equipment to be donated to the District including but not limited to:

Merchandising Barrels

Merchandising Refrigerated Cabinets

9.1.7 Additional Information: Additional information that may contribute to the proposal as being considered the most advantageous to the District. This section may include, but is not limited to distribution of promotional items; plans for improving concession sales; award programs for students and/or school achievement; school to work program enhancements; and, other plans that will provide additional support to or for the schools or student programs.

10.0 PROPOSAL FORMAT AND EVALUATION CRITERIA:


Proposals shall include all of the following information solicited in this RFP, and any additional data that the proposer deems pertinent to the understanding and evaluating of the proposal. Proposals shall be organized and sections tabbed in the following order. Proposals received which do not contain all items listed in this section will be considered non-responsive.

A. Required Response Form (Attachment A) - Submit will all required information completed

and all signatures as specified. No points are assigned to this required item.

B. Firm’s Experience and References (20 points) – Provide the following general information about your firm: 1. List a minimum of three (3) previous educational/institutional contracts providing

similar services during the past five (5) years. Include names, titles, phone numbers and valid email addresses. Additionally, list a minimum of three (3) current educational/institutional contracts (distinct from those above) together with contact names and valid contact information as listed above. Provide a brief outline of each contract with information regarding services performed and any other information deemed relevant. List any contracts which have been terminated early or upon renewal within the past five (5) years. Explain the reason for early termination or non-renewal and include contact names, titles, phone numbers, and email addresses. NOTE: References should include Florida-based accounts as well as accounts from other states.

2. Provide a brief description of all lawsuits that are pending and/or filed against the proposer over the last five (5) years and any disciplinary action taken against the proposer.

3. Provide information on any legal or regulatory violations, pending, current, or previous investigations by any regulatory agencies the firm has been involved with in the last five (5) years.

4. Identify the management and office support team that will be responsible for providing the required professional services. Detailed resumes’ are required for the primary account manager and other key personnel who will be assigned to the District. General information is required for management/administrative personnel at the regional and corporate levels (if applicable). Indicate the specific individual who would serve as the day-to-day contact and be responsible for the operation of the overall program. Describe any potential conflicts of interest you firm may have in the management of this account.

C. Firm’s Capabilities and Approach to Services (20 points) – Provide a narrative, which

profiles the background, experience, business philosophy and qualifications of the responding firm. Discuss the approach to be used in providing all of the services as described in Section 2.0. Include:


1) an outline of how you would structure the program; 2) the staff that you would utilize and their role and availability for this program; 3) your plans for the recruitment/replacement of staff; 4) your plans for documenting activities; 5) your quality control procedures, and; 6) the role of your management ream in communicating/coordinating effectively

with BDS staff and others involved with this instructional services program.

D. Incentives (25 points) The evaluation committee will consider the financial incentives and non-financial incentives each respondent offers the District. Cash payments, cash payment projections and equipment provided shall be shown on an annual basis. If projection of sales are used, the proposer shall disclose their process for arriving at that projection. Each proposer shall provide information including, but not limited to:

a. Advanced Fee b. Sponsorship Funding c. Commissions d. Rebates e. Complimentary Products f. Additional Equipment g. Additional Information

E. Products and Pricing (10 points) - Provide a list of all products:

1. to be offered through stadium concession stand, package size, and commission percentage paid to the District.

2. to be sold to the District and Athletic Booster Clubs, package size, price, and Rebate paid to the District.

PROPOSAL EVALUATION MAXIMUM POINTS Firm’s Experience and References 20 Firm’s Capabilities and Approach to Services 30 Incentives 40 Products & Pricing 10

Preliminary Phase Maximum Points 100 11.0 PROPOSAL EVALUATION PROCESS:

Proposals are received and publicly opened. Only names of Proposers are read at this time. An Evaluation Committee will convene, review and evaluate all proposals submitted based on the

factors set forth in this RFP. Purchasing personnel will participate in ad administrative and

advisory capacity only.


The Evaluation Committee reserves the right to interview any or all proposers and to require a

formal presentation with the key personnel who will administer and be assigned to work on the

contract before recommendation of award. This interview will be based upon the written

proposal received.

All proposals will be evaluated in accordance with the evaluation criteria specified in this

document. Information derived by investigation and overall due diligence of District staff will be

considered.

Based on the proposals received, the District may elect to proceed based on any of the following

options, but will not necessarily be limited only to these options:

(1) award to the best initial proposal(s) without any further discussion or negotiation;

(2) negotiate with the highest ranked proposer(s); or

(3) allow the top ranked proposers to make oral presentations.

Proposers are advised to provide their best offer with the initial proposal because the District reserves the right to award Contracts based on initial proposals without further discussion or negotiation. The proposals most advantageous to the District in its sole discretion will be selected. The District reserves the right to negotiate out unacceptable clauses or restrictions incorporated within an otherwise acceptable proposal. In the event that mutually acceptable terms between the District and the selected Proposers

cannot be successfully negotiated, the District reserves the right to discontinue negotiations with

such proposers and to open negotiations with the next-ranked Proposer.

The District reserves all rights, in its sole discretion, not to issue an award to any proposers, to

cancel this RFP at any time, to reissue this RFP for any reason, or a combination of any or all of

the above. The District will not be liable to any proposer for any costs incurred in connection with

this RFP as a result of any of the above stated actions taken by the District.

Purchasing will prepare and submit a recommendation agenda item to the Superintendent of

Schools, Bay County, Florida. The Superintendent will then recommend to the School Board the

award or rejection of any and/or all proposal(s). The School Board will then award or reject any/or

all proposal(s).

12.0 TERMINATION, SUSPENSION AND REMEDIES:

12.1 The District reserves the right to terminate any Contract resulting from this RFP, at any time and for any reason upon giving a minimum of sixty (60) days prior written notice to the Contractor. If said Contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said Contract.

The District will only be required to pay the Contractor that amount of the Contract actually performed to the date of termination. Access to any and all work papers will be provided to the District after the termination of the Contract.


12.2 In the event any of the provisions of the Contract are breached by the Contractor, the Superintendent or designee will give written notice to the Contractor stating the deficiencies and unless the deficiencies are corrected within the applicable cure period set forth in this RFP (and if none is stated, then ten (10) days), the District may terminate the Contract. Upon termination hereunder, the District may pursue any and all legal remedies as provided herein and by laws. Notwithstanding the foregoing, and in addition to the remedies set forth herein, the District may elect the following in its sole discretion and without any obligation whatsoever to make the following election:

If Contractor is unable to reasonably cure a deficiency within ten (10) days after

receiving the District’s notice notwithstanding Contractor’s continuous and diligent

efforts to do so, the District may elect, in its sole discretion, to permit Contractor to

cure the deficiency as soon as reasonably practicable using continuous and diligent

efforts, but in no event more than thirty (30) days after receipt of the District’s

notice. Until the earlier of either (1) the deficiencies are cured, or (2) this agreed

upon extended cure period expires, the Contractor remains obligated to perform

the services without degradation and in accordance with the Contract.

12.3 In order to provide transition assistance to the District in the event that the Contract is terminated or expires, the Contractor agrees that the District may provide written notice to the Contractor retaining the Contractor for a mutually agreed upon period of time (at a minimum of one calendar month, plus up to five (5) additional calendar months on a month-by-month basis at the District’s sole and unilateral election) on the same terms and conditions set forth in the Contractor (the “Transition Assistance”). The provisions of this section will not apply if the Contract is terminated by the Contractor based on an uncured event of default by the District.

13.0 DEFAULT:

In the event that the Contractor breaches the Contract, then the District reserves the right to seek

any and all remedies in law and/or in equity.

14.0 LEGAL REQUIREMENTS:

14.1 It shall be the responsibility of the Contractor to be knowledgeable of an adhere to the stipulations of any federal, state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the Contractor will in no way be a cause for relief from responsibility.

14.2 Contractor(s) doing business with the District are prohibited from harassing, sexually

harassing, and/or discriminating against any employee, applicant or client because of race, creed, color, national origin, sex or age with regard to, but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection.


14.3 Jessica Lunsford Act: If Applicable to this Contract, the Contractor shall comply and be responsible for the costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005.

The Act states that contractual personnel who are permitted access to school grounds

when students are present or who have direct contact with students must meet Level 2

requirements as described in Section 1012.32, Florida Statutes. Contractual personnel

shall include any vendor, individual or entity under contract with the District. Current

employees that have met the requirements of this Act with the District, and are in good

standing, could be available for immediate employment with the successful Proposer. Any

current employee’s compliance with the Act is valid for one-year and would have to be

renewed during a contract year as his/her current background check expires. All

background checks (initial and renewals) will be at the expense of the Contractor.

14.4 Other Legal Requirements: All the personnel assigned by the Contractor and any subcontractor shall be authorized under state and local laws to perform such services, whether by appropriate license, registration, certification or other authorization.

14.5 Representations and Warranties:

14.5.1 The Contractor warrants that it is a duly formed business entity duly organized and existing in good standing under the laws of the State of its formation and is entitled and shall remain licensed to carry on its business as required for its performance pursuant to the Contract in the State of Florida. The Contractor agrees that it will comply with all rules and regulations of governmental bodies governing its performance under this RFP and the resulting Contract whether or not such specified in the Contract and Exhibits. The Contractor further warrants that the execution and delivery of the Contract and the terms and conditions herein have been duly authorized by proper corporate and/or partnership action (as the case may be).

14.5.2 The Contractor shall comply with all applicable federal, state and local laws,

ordinances, rules and regulations pertaining to the performance of the services and all matters pertaining to the Contract, as the same exist and as they may be amended from time to time. The Contractor acknowledges and agrees that it is subject to the requirements of the Public Records Laws, Chapter 119, Florida Statutes, for all matters pertaining to the Contract.

The Contractor will maintain and retain throughout the term of the agreement

and for a period of at least three (3) years after contract termination or after the

final federal grant expenditure report (whichever is later), financial information

and other documentation either created or received that indicates utilization of

funds received from BDS. In the event of a state or federal audit of BDS regarding

expenditures of state or federal funds, the Contractor shall make available for

inspection such financial information as required by the Florida department of

Education or other auditing agencies.


14.5.3 Each Party agrees to continue performing its obligations under the Contract while any dispute is being resolved (except to the extent the issue in dispute precludes performance); provided, however, that any dispute over payment shall not be deemed to preclude performance.

14.5.4 Each Party agrees that, in its respective dealings with the other Party under or in

connection with the Contract, it shall act in good faith.

14.5.5 Neither Party shall use the name or marks of the other without its express written permission, which may be withdrawn at any time.

14.6 Miscellaneous. The Contract to be awarded pursuant to the RFP shall be further governed by the following:

14.6.1 This RFP and any Contract resulting therefrom shall be interpreted and enforced

in accordance with the laws of Florida and it shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. Venue for any action arising out of the Contract shall lie exclusively in the jurisdictional courts in and for Bay County, Florida.

14.6.2 The Contract shall not be construed more strongly against any party regardless of who was more responsible for its preparation.

14.6.3 Except for the provisions requiring Contractor to pay the District’s reasonable attorneys’ fees and costs for any matter arising under Section 17 of the RFP (which shall control), in the event of any other conflict arising from the Contract, each party shall pay its own attorneys’ fees and costs.

14.6.4 Should any provision of the Contractor be determined by the Courts to be illegal or in conflict with any laws of the State of Florida or of the United States Government, the remaining provisions shall not be impaired, and such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remainder of the Contract shall remain valid and in full force and effect.

14.6.5 Nothing set forth in any provision of the Contract shall mean or be construed that the District has waived, altered, or amended in any manner whatsoever the limitations or provisions of Section 768.28, Florida Statutes, regarding the District’s sovereign immunity.

14.6.6 The Contract may not be amended or supplemented in any way except in writing, dated and signed by authorized representatives of both Parties.

14.6.7 The Article and Section headings and the table of contents used herein are for reference and convenience only and shall not enter into the interpretation hereof.


14.6.8 The Contractor is, and shall at all times be, an independent Contractor under the Contract and not an agent of the District. Nothing in the Contract nor any actions taken by or arrangements entered into between the Parties in accordance with the provisions of the Contract shall be construed as or deemed to create as to the Parties any partnership or joint venture.

14.6.9 Neither party shall have any authority to bind or commit the other party contractually or otherwise to any obligations whatsoever to third parties.

14.6.10 The Contract is entered into solely between, and may be enforced only by the District and the Contractor, and the Contract shall not be deemed to create any rights in third parties, including suppliers and customers of a party, or employees of either party, or to create any obligations of a Party to any such third parties.

14.6.11 Except where expressly provided as being in the discretion of a party, where agreement, approval, acceptance, consent or similar action by either party is required under the Contract, such action shall not be unreasonably conditioned, delayed or withheld. An approval or consent given by a party under the Contract shall not relieve the other party from responsibility for complying with the requirements of the Contract, nor shall it be construed as a waiver of any rights under the Contract, except as and to the extent otherwise expressly provided in such approval or consent.

14.6.12 Any provision of the Contract which contemplates performance or observance subsequent to any termination or expiration of the Contract, including those provisions relating to the obligations of Contractor in connection with the Transition Assistance, shall survive any termination or expiration of the Contract and continue in full force and effect.

14.6.13 All media releases, public announcements, and public disclosures by either Party relating to the Contract or the subject matter of the Contract, including promotional or marketing material, shall be coordinated with and approved by the other Party prior to release, which party may withhold such consent in its sole discretion.

14.6.14 Time is of the essence in the Contract. Except as specifically noted herein, if any date of significance hereunder falls upon a Saturday, Sunday or legal holiday, such date shall be deemed moved forward to the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be considered business or working days.

14.6.15 Each Party will comply with all federal and state requirements concerning student records. To the extent permitted by law, the District shall make available upon request of the Contractor any and all educational records in its possession for the Contractor’s clients, including, but not limited to, academic assessments, psychosocial profiles, grade repots, attendance data and cumulative records. The Contractor’s services shall comply fully with all laws, policies and rules


guaranteeing the confidentiality of student educational records and access thereto. BDS shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and subcontractors. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request to BDS through its employees, agents, representatives, contractor or other designees, during normal business hours at Contractor’s office or place of business in Panama City, Florida. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Panama City, Florida, which is convenient to BDS. This paragraph shall not be construed to limit, revoke or abridge any other rights, powers or obligations relating to audit which BDS may have by state, city or federal statutes, ordinance, regulation or agreement, whether those rights, powers or obligations are express or implied.

13.7.16 Priority of documents (in case of any conflict among the RFP, the proposal and

the Contract), the priority shall be to the Contract first, any addenda released for this RFP second, the RFP third and the proposal last. Any exceptions to the RFP made by Proposer are not accepted unless affirmatively agreed to in writing by the District.

15.0 FEDERAL AND STATE TAX:

The District is exempt from federal and state taxes for tangible personal property. The Contractor doing business with the District will not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the District, nor will any Contractor be authorized to use the District’s Tax Exemption Number in securing such materials.

16.0 CONFLICT OF INTEREST:

15.1 Pursuant to Chapter 112.313, Florida Statute and BDS Board Policy 3.132, any award subject to provisions of the referenced policy and law stated herein. All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee of Bay District Schools. Further, all bidders must disclose the name of any Bay County employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder’s firm or any of its branches. Affirmation of such will be by signature on the Conflict of Interest form.

15.2 Non-Collusion Statement / Public Domain

I, the Proposer, attest that I have not divulged, discussed or compared this proposal with any other Proposers and have not colluded with any other Proposers in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal.


All information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, Florida Statutes.

17.0 INSURANCE REQUIREMENTS:

17.1 Certificate(s) of Insurance: Immediately following notification of the award of this Agreement, Contractor shall agree to deliver to the District a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage’s required by this bid have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage.

17.2 Business Auto Policy: Contractor shall agree to maintain Business Auto-mobile Liability at

a limit of liability not less than $500,000 each occurrence for all owned, non-owned and

hired automobiles. In the event the Contractor does not own any automobiles the Business

Auto Liability requirement shall be amended allowing Contractor to agree to maintain only

Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of

endorsement to the Commercial General Liability, or separate Business auto Coverage

form.

17.3 Commercial General Liability: Commercial General Liability for public liability during the

lifetime of this contract shall have minimum limits of $1,000,000 per claim, $2,000,000 per

occurrence for Personal Injury, Bodily Injury, and Property Damage Liability. Coverage shall

include Premises and/or Operations, Independent Contractors, Products and/or Complete

Operations, Contractual Liability and Broad Form Property Damage Endorsements.

Coverage shall not contain an exclusion or limitation endorsement for Contractual Liability

or Cross Liability. Coverage for the hazards of explosion, collapse and underground property

damage (XCU) must also be included when applicable to the work to be performed. All

insurance policies shall be issued from a company or companies duly licensed by the State

of Florida. All policies shall be on an occurrence-made basis; the District shall not accept

claims-made policies. Specific endorsements will be requested depending upon the type

and scope of work to be performed.

17.4 Professional Liability: The Contractor shall agree to maintain Professional Liability or

equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per

Occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000, the District

reserves the right, but not the obligation, to review and request a copy of Contractors most

recent annual report or audited financial statement. For policies written on a "Claims-

Made" basis, bidder warrants the retroactive date equals or precedes the effective date of

this contract. In the event the policy is canceled, non-renewed, switched to an Occurrence

Form, retroactive date advanced; or any other event triggering the right to purchase a

Supplemental Extended Reporting Period (SERP) during the life of this Contract, Contractor

shall agree to purchase a SERP with a minimum reporting period not less than three (3)

years.


17.5 Public Liability Insurance: Public Liability Insurance (Comprehensive General Liability Form)

shall be maintained against bodily injury, personal injury and property damage in limits of

not less than $1,000,000 per occurrence with a minimum of $2,000,000 aggregate.

17.6 Waiver of Subrogation: Contractor shall agree by entering into this Contract to a Waiver of

Subrogation for each required policy. When required by the insurer, or should a policy

condition not permit an Insured to enter into a pre-loss agreement to waive subrogation

without an endorsement then bidder shall agree to notify the insurer and request the policy

be endorse with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.

This Waiver of Subrogation requirement shall not apply to any policy where a condition to

the policy specifically prohibits such an endorsement, or voids coverage should bidder enter

into such an agreement on a pre-loss basis.

17.7 Subcontractors: It shall be the responsibility of the Contractor to insure that all

subcontractors comply with the same Insurance requirements referenced above.

17.8 Umbrella or Excess Liability: Contractor may satisfy the minimum limits required above for

Commercial General Liability, Business Auto Liability, or Employer's Liability coverage under

Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit

not less than the highest "Each Occurrence" limit for Commercial General Liability, Business

Auto Liability, or Employer's Liability. When required by the insurer, or when Umbrella or

Excess Liability is written on 'Non-Follow Form," the District shall be endorsed as an

"Additional Insured."

18.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT:

18.1 The Contractor shall, in addition to any other obligation to indemnify the Bay District School Board and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the District, its agents, officers, elected officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, subcontract, anyone directly or indirectly employed bay any of them, or anyone for whose acts, any of them may be liability in the performance of work; or violation of law, statues, ordinance, governmental administration order, rule or regulation by the Contractor in the performance of the work; or liens, claims or actions made by the Contractor or any subcontractor or other party performing the work.

18.2 The indemnification obligations hereunder shall not be limited to any extent on the amount,

type of damages, compensation or benefits payable by or for the contractor or any subcontractor under workers’ compensation acts, disability benefit acts, other employee benefit acts or any statutory bar.

18.3 Any costs or expenses, including attorney’s fees, incurred by the District to enforce this

contract/agreement shall be borne by the Contractors.


18.4 This article will survive the termination of the Contract.

19.0 PUBLIC RECORDS LAW:

Pursuant to Chapter 119.071, Florida Statute, proposals received as a result of this RFP will not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all proposal documents or other materials submitted by all proposers in response to this RFP will in accordance with Florida Statutes listed herein will be open for inspection by any person except as may otherwise be provided by law. To the extent a proposer asserts any portion of its proposal is exempt or confidential from disclosure under Florida’s public records, the burden shall be on the Proposer to obtain a protective order from a jurisdictional court protecting such information from disclosure under Florida’s public records laws and also timely provide a certified copy of such protective order to the District prior to the District’s release of such information into the public domain.

19.1 Public Records Notice: IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE PUBLIC INFORMATION OFFICE AT 850-767-5281, 1311 BALBOA AVE., PANAMA CITY, FL 32401.

Contractor is required to comply with the Florida Public Records Law, Chapter 119, Florida Statutes, in the performance of its duties under this contract and will specifically:

a. Keep and maintain public records required by the School Board to perform the service.

b. Upon request from the Boards custodian of public records, provide the Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statutes.

c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and if the Contractor does not transfer the records to the District.

d. Upon completion of the contract, transfer (at no cost to the District) all public records in possession of the vendor or keep and maintain records required by Board. If all records are transferred, any duplicates will be destroyed by Contractor. All records stored electronically must be provided to the Board in a format that is compatible with the information technology systems of the District.


e. Failure of the Contractor to comply with the provisions set forth shall constitute a default and material breach of this agreement, which may result in immediate termination, with no penalty to the District.

20.0 PERMITS AND LICENSES:

The Contractor will be responsible for obtaining any necessary permits and licenses and will comply with laws, rules, and regulations whether state or federal and will all local codes and ordinances without additional cost to the District.

21.0 PUBLIC ENTITY CRIMES:

21.1 Pursuant to 287.017 & 287.133, Florida Statute, any person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or be a consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount for Category Two (2) for a period of 36 months from the date of being placed on the convicted vendor list.

21.2 The Proper certifies by submission 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. The Contractor ill execute and deliver to the District the appropriate federal debarment certification form within three (3) business days of the award of the Contract.

22.0 LOCAL PREFERENCE IN PURCHASING:

(a) Preference in bidding. In purchasing of, or letting of contracts for procurement of, personal property, materials, or contractual services, including construction bids, through formal sealed competitive solicitations, the School District may give a preference to local businesses in making such purchase or awarding such contract, as follows: 1. Individuals or firms which have a home office located within Bay County, and which meet

all of the criteria for Local Business as set forth in this policy, shall have the opportunity to submit to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder if their bid is within five percent (5%) of the overall lowest, non-local price.

2. Individuals or firms which do not have a home office located within Bay County, and which

meet all of the criteria for a Local Business as set forth in this policy, shall have the opportunity to submit to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder if their bid is within three percent (3%) of the overall lowest, non-local price.


(b) Preference in request for proposals. In purchasing of, or letting of contracts for procurement of, personal property, materials, or contractual services for which a request for proposal is developed with evaluation criteria, a local preference of the total score may be assigned for a local business by adjusting the total score of the qualifying local business, as follows: 1. Individuals or firms which have a home office located within Bay County and which meet

all of the criteria for a Local Business as set forth in this policy, shall be given a preference in the amount of five percent (5%).

2. A qualified and responsive Local Business that does not have a principal place of business

located within Bay County, and which meets all of the criteria for a Local Business, shall be given preference in the amount of three percent (3%).

(c) Notice. Both bid documents and request for proposal documents shall include notice to

vendors of the local preference policy.

(d) Certification. Any vendor claiming to be a Local Business as defined herein, shall so certify in writing to the purchasing department. The certification shall provide all necessary information to evidence that the vendor meets the requirements to qualify as a Local Business. The purchasing department shall not be required to verify the accuracy of any such certifications and shall have the sole discretion to determine if a vendor meets the definition of a Local Business. Local Business definition, for the purposes of this section, “Local Business” shall mean: 1. Has had a fixed office or distribution point located in and having a street address within

Bay County for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposal by the District; and

2. Holds any business license required by Bay County, and, if applicable, a municipality

within Bay County. 23.0 DRUG FREE WORKPLACE:

Pursuant to Chapter 287.087, Florida Statutes, whenever two (2) or more proposals that are equal with respect to price, quality and service are received by a school board for the procurement of commodities or contractual services, a reply received from a business which certifies that it has implemented a Drug Free Workplace Program by signing the enclosed Drug Free Workplace Certification Form, shall be given preference in the award process.

24.0 ASSIGNMENT OF CONTRACT AND/OR PAYMENT:

24.1 The Contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, or by merger or reorganization by the Contractor without prior written consent of the District in its sole discretion. The Contractor agrees and represents that all of the services required hereunder shall be performed by the Contractor as identified in the proposal.


Should the Contractor desire to delete, add or amend any subcontractors or engage additional companies as subcontractors hereunder, prior written approval by the District (in its sole discretion) shall be required.

24.2 The Contractor herein shall not assign payments under the contract/agreement without the

prior written consent of the District. 25.0 AGREEMENT:

A contract/agreement may be released, after award, for any work to be performed as a result of

this RFP. This document, the proposal, negotiated terms, agreement if applicable, and any other

relevant documents will constitute the complete agreement between the Contractor and the

District.

26.0 DISPUTE:

Any Proposer who is aggrieved in connection with the solicitation or award of a contract/agreement may file a protest and shall deliver its written notice of protest to the General Manager of Purchasing, Contracting & Materials Management no later than two (2) working dates after RFP opening or after recommendation of award, if not to the apparent low Proposers, which will initiated the 48-hour notice requirement.

27.0 DISCLAIMER:

Except as expressly set forth in this RFP, all figures presented herein or on any attachment or

exhibit (i.e. times, rates, quantities, etc.) are for evaluate purposes only and are not deemed to

be direction to proposers, nor a representative/warranty by the District.


ATTACHMENT A

Required Response Form

This response must be submitted to Bay District Schools, Purchasing Office, 1150 West 17th Street, Panama City, Florida, 32405-3789, no later than 2:00 PM CT on September 12, 2017 and plainly marked RFP #18-02. Responses are due and will be opened at the time. Responses received after 2:00 p.m. on the date due will not be considered.

Anti-Collusion Statement / Public Doman

I, the undersigned vendor have not divulged, discussed or compared this proposal will any other vendors and have not colluded with any other vendor in the preparation of this proposal in order to gain an

unfair advantage in the award of this proposal.

I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, Florida Statute.

PROPOSAL CERTIFICATION

I hereby certify that I am submitting the following information as my company’s response and understand that by virtue of executing and returning with this response this REQUIRED RESPONSE FORM, I further certify full, complete and unconditional acceptance of the contents of all pages, inclusive of this RFP, and all attachments/exhibits and the contents of any Addendum released hereto. Company: ___________________________________________________________________ Address: ____________________________________________________________________ City: ______________________ State: ____________________ Zip: ___________ Business Phone: ______________________ Business Fax: ______________________ Cell Number: _________________________ Contact Email: _____________________________ Submitted by: __________________________________________________________________ (Print Name & Title) Signature: _____________________________________ Date & Time: _________________


ATTACHMENT B

DRUG FREE WORKPLACE

Section 287.087 Florida Statutes Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR NAME: _________________________________________ ______________________________________ ______________________________________ PRINT NAME OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE _______________________________________ ____________________ TITLE OF AUTHORIZED REPRESENTATIVE DATE


ATTACHMENT C

CONFLICT OF INTEREST CONFLICT OF INTEREST: Proposer must execute either Section I or Section II hereunder relative to Florida State Statute 112.313(12). Failure to execute either section may result in rejection of this bid.

SECTION I

I hereby certify that no official or employee of Bay District Schools requiring the goods or services described in these specifications has a material financial interest in this company.

Signature Company Name

Name of Official (Type or Print) Business Address

City, State, Zip Code

SECTION II

I hereby certify that the following named Bay District Schools official(s) and/or employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 830 W. 11th Street, Panama City, FL 32401, prior to proposal opening. _____________ Name Title or Position Date of Filing _____________ Name Title or Position Date of Filing ____ Signature Company Name ____ ______________________________ Print Name of Certifying Official Business Address ____ City, State, ZIP Code


ATTACHMENT D

PUBLIC ENTITY CRIMES STATEMENT

SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to _____________________________________________

(print name of the public entity) by ________________________________________________________________________

(print individual's name and title) for ________________________________________________________________________

(print name of entity submitting sworn statement) whose business address is _____________________________________________________

___________________________________________________________________________

and (if applicable) its Federal Employer Identification Number (FEIN) is __________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ____________________.)

2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,

means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida

Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives,


partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement which I have marked below is true in relation to the

entity submitting this sworn statement. (indicate which statement applies.) ______ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,

shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with an convicted of a public entity crime subsequent to July 1, 1989.

______ The entity submitting this sworn statement, or one or more of its officers, directors, executives,

partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

______ The entity submitting this sworn statement, or one or more of its officers, directors, executives,

partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. __________________________________________ (Signature) Date: _____________________________________ STATE OF ______________________________________ COUNTY OF ____________________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ___________________________ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ____ day of ___________, 2016. _______________________________________________ ______________________________ NOTARY PUBLIC Notary Stamp My commission expires:

Form PUR 7068 (Rev. 04/10/91)


ATTACHMENT E CLAIMING LOCAL PREFERENCE

________ 5% Discount Requested

Our business is requesting a 5% local preference based on the fact that our

MAIN/HOME office is located in Panama City. It is located at:

_________________________________________________________________.

________ 3% Discount Requested

Our business is requesting a 3% local preference based on the fact that we have an office

located in Bay County. It is located at:

___________________________________________________________.

Additional Comments: ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________


EVALUATION WORKSHEET EXHIBIT 1 This worksheet will be used for the committee members to evaluate and score proposals.

Evaluation Criteria Reference to

Proposal Evaluation

Criteria

Comments Total

Points

Firm’s Experience & References: Provide your assessment of the proposer’s response to the following evaluation criterion elements:

All criterion elements as described in Section 10.0 B. of the RFP.

(Total Points 20)

General Guidelines 20 = Far Exceeds

15 = Exceeds 10 = Meets

5 = Unacceptable 0 = Not Provided

Firm’s Capabilities and Approach to Services: Provide your assessment of the proposer’s response to the following evaluation criterion elements:

All criterion elements as described in Section 10.0 C. of the RFP.

(Total Points 20)




Incentives: Provide your assessment of the proposer’s response to the following evaluation criterion elements:

All criterion elements as described in Section 10.0 D. of the RFP.

(Total Points 40)




Products & Pricing: Provide your assessment of the proposer’s response to the following evaluation criterion elements:

All criterion elements as described in Section 10.0 E. of the RFP.

(Total Points 10)




Maximum Pts: 100

RFP NO. 18-03 - Bay District Schools Requests/RFP 18-03 Exclusive... · District High Schools: Bay...

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