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Reso 2026-4020
RESOLUTION NO. 2026 - _` 0a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ACADEMY BUS, LLC FOR MOTOR COACH TRANSPORTATION SERVICES ON AN AS -NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND NO CENTS ($137,850.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of motor coach transportation services in order to transport passengers for various City activities on an as - needed basis (the "Services"); and WHEREAS, the School Board of Broward County, Florida (the "School Board"), issued Invitation to Bid No. FY23-029-1, entitled "Motor Coach Transportation Services" (the "ITB") and entered into an Agreement with Academy Bus, LLC. (the "Contractor"); and WHEREAS, the Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor is willing and able to provide the desired Services utilizing the same terms, conditions, and pricing under the School Board's ITB; and WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to provide the desired Services, in an amount not to exceed One Hundred Thirty -Seven Thousand Eight Hundred Fifty Dollars and No Cents ($137,850.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with the Contractor to provide the desired Services, in an amount not to exceed One Hundred Thirty - Seven Thousand Eight Hundred Fifty Dollars and No Cents ($137,850.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. @BCL@5C174B50 Page 1 of 2 480 PASSED AND ADOPTED this 16th day of April, 2026. T Y 1� . Larisa Svechin, Mayor i r , �ATTEST: APPROVED AS TO FORM ,- AND LEGAL SUFFICIENCY: Ma icio etan ur, CIVIC, City Clerk Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: Lj X6WbV d e d by -- Vote: /(Yes) Mayor Svechin (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@5C174B50 Page 2 of 2 481 } AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ACADEMY BUS, LLC CONTRACT NO.2026-6189 THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this day of April 2026, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereina er "City"), and ACADEMY BUS, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) No. is 26-2277038 (hereinafter "Contractor"). RECITALS WHEREAS, the City is in need of a contractor to provide motor coach transportation on an as -needed basis for various City activities (hereinafter "Services"); and WHEREAS, the School Board of Broward County, Florida issued Invitation to Bid ("ITB") No. FY23-029-1, entitled "Motor Coach Transportation Services" and entered into a contract with Contractor (Contract No. FY23-029) for an initial four (4) year period commencing July 1, 2022 and terminating June 30, 2026, with the option to renew for two (2) additional one- year terms; and WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City desires to enter into an agreement with Contractor, using the School Board of Broward County's bid and pricing information, to provide the Services, subject to the terms and conditions contained herein; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the desired Services, for an amount not to exceed Five Thousand Five Hundred Dollars and No Cents ($137,850.00); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement andmade a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the ITB No. FY23-029-1, entitled "Motor Coach Transportation Services" and the awarded Contract No. FY23-029 with Contractor, which are specifically incorporated herein and made a part hereof as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A. First, this Agreement Between the City of Sunny Isles Beach and Academy Bus, LLC — Contract No. 2026-6189. B. Second, the terms and conditions of ITB No. FY23-029-1, entitled "Motor Coach Transportation Services" and the awarded Contract No. FY23-029 with Contractor. 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence May 24, 2026, and shall terminate May 23, 2027. The terms of Section 11, entitled "Indemnification and Waiver of Liability," Section 18, entitled "Compliance with Law," and those specifically provided for in the Contract Documents, shall survive termination of this Agreement. 5. COMPENSATION. Contractor agrees to provide the Services at the rate of One Hundred Fifty Dollars ($150.00) per hour, up through and including September 30, 2026, and thereafter for the remainder of the Term at an adjusted hourly rate, commensurate with any hourly rate adjustment negotiated by Contractor and the School Board of Broward County pursuant to Contract No. FY23-029, but in no event exceeding an increase of three (3%), resulting in a total contract amount not to exceed One Hundred Thirty -Seven Thousand Eight Hundred Fifty Dollars and No Cents ($137,850.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the Contract Documents and under the following conditions: A. Billing Time. All transportation services shall be paid for at an hourly rate, which hourly rate shall be determined to commence at the scheduled pick-up time, through the time of drop-off. For purposes of computing billing time, fractional parts of an hour may be rounded up to the nearest quarter hour. The Contractor may not request or charge a minimum rental time, except as otherwise provided for in Section 5(B) below. If the driver arrives early to pick up the assigned riders, the Contractor shall not bill the City for the amount of time from when the driver arrived until the scheduled pick-up time. If the driver arrives later than at the agreed upon time, the Contractor ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall not charge, and the City will not pay, for the time for which the Contractor was tardy. The time required for the vehicle to travel to the pick-up location from the Contractor's facilities, and from the drop-off location back to the Contractor's facilities, is the sole responsibility of the Contractor and is not billable to the City. B. Minimum Charges for Scheduled Trips of Less Than 2 Hours in Duration. For scheduled trips wherein the duration of the trip is less than two (2) hours, the Contractor may request that the City pay a minimum two (2) hour charge. Except as otherwise provided for in Section 5(B) herein, the Contractor may not request that a minimum charge be imposed for trips that do not meet a requisite number of hours as stated by the Contractor. C. Cancellations. A scheduled trip may be cancelled by the City by notifying the Contractor orally or in writing as soon as possible on or before the day on which the particular trip is scheduled. There shall be no charge for trips cancelled with at least 2 hours' notice to the Contractor. Any trip cancelled with less than 2 hours' notice to the Contractor shall result in a minimum charge to the City of 2 hours, irrespective of the number of hours the cancelled trip was planned for. D. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. E. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services, unless the City notifies the Contractor in writing of the dispute, before the payment is due. F. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. G. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. B. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law, not less than $100,000/$500,000 (each accident/disease-each employee/disease-policy limit). C. Automobile Liability which shall include coverage for all owned, non -owned and hired vehicles, with Bodily Injury and Property Damage limits of a combined single limit of not less than Two Million Dollars ($2,000,000). D. Umbrella or Excess Liability policy of not less than Ten Million Dollars ($10,000,000) per occurrence. Umbrella or Excess Policy must be follow -form coverage over the Commercial General Liability, Automobile Liability, and Employers' Liability policies. ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Waiver of Subrogation. Contractor agrees by entering into this Agreement to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed 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, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub -Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 11. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, Contractor shall at all times hereafter indemnify, hold harmless, and at the City's option defend or pay for an attorney selected by the City to defend, City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state ACADEMY BUS, LLC 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n law.com If to the Francis Tedesco, Manager Contractor: 111 Paterson Avenue Hoboken, NJ 07030 4160 Ravenswood Road Dania Beach, Florida 33312 Tel: (954) 452-7771 fancis academ bus.com 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 41h Floor, Sunny Isles Beach, Florida 33160. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 18. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A" or `B." 20. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 21. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify ACADEMY BUS, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract, with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Exhibit "C." 22. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this Agreement as Attachment "D," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 23. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements, and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ACADEMY BUS, LLC 10 City of Srin►sy Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax BUS LLC By: -- Franci esc , 1 STATE OF NEW JERSEY: COUNTY OF HUDSON: The foregoing instrument was acknowledged before me by means of X physical presence or 0 online notarization, this I-VIWday of April 2026, by Francis Tedesco, as Manager of Academy Bus, LLC. (SEAL) Notary Public fate of—F l.q ' (S. Pdit Stile of Nar,t&ey conmb"r:1GCiQ�00 (Print, Type, or Stamp Commissioned Name of Notary Public) llj apr n o Produced Identification �dAt e of ldenhfeation- P dueed: #,� .. CITY OF SUN ISLES EACH 13Y- I). � BY: Maur io Betanc Larisa Svechin, Mayor CMC ity Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY s BY: BY: Department Head AainE. oilcau, for Nabors, Giblin & Nickerson, P.A., City Attorney ACADEMY BUS, LLC i I City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A ACADEMY BUS, LLC 12 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FLORIDA 33351 • TEL 754-321-0505 • FAX 754-321-0936 PROCUREMENT & WAREHOUSING SERVICES www. Browa rd Schools. com July 15, 2025 The School Board of Broward County, Florida Debra Hixon, Chair Sarah Leonardi, Vice Chair Lori Alhadeff Adam Cervera, Esq. Maura McCarthy Bulman Dr. Jeff Holness Nora Rupert Rebecca Thompson Dr. Allen Zeman Dr. Howard Hepburn TO ALL BIDDERS: READ THIS PAGE CAREFULLY BEFORE SUBMITTING YOUR BID Superintendent of Schools Reference: ITB FY23-029-1— Motor Coach Transportation Services In accordance with Special Condition 5 of the ITB — SBBC may release additional version(s) of this ITB in order to increase the pool of qualified Providers for these services; therefore, SBBC will be accepting additional bids for these services under ITB FY23.029-1— Motor Coach Transportation Services. The ITB dates are outlined in Section 2 — Calendar of this ITB. Vendors already approved and awarded under FY23-029, DO NOT NEED TO SUBMIT ANOTHER BID FOR THESE SERVICES since your firm is already awarded under ITB FY23-029. If you submitted a bid under FY23-029 and were not one of the awarded vendors or were disqualified, your firm may submit another bid in order to be considered for award. If you are already an awarded vendor and you submit another bid, your bid submitted under FY23-029-1 shall not be accepted or considered for award. A vendor cannot resubmit or change their bid once their bid is awarded. New questions for FY23-029-1 are due as stated in Section 2 - Calendar of this ITB. Duplicate questions may not be answered again. The following Bidders of FY23-029 are awarded and do not need to submit another proposal. Academy Bus Line LLC Annett Bus Line Atlantic Charters, Inc. Blue Lagoon Tour Transportation Classic Bus Lines Escot Bus LLC Florida Tours.com LLC Goldstar Transportation, Inc. Jet Set Line, Inc. Kings College Tours, Inc. Miami Coach & Tours LLC My South Bus Tour LLC Southern Bus Lines Inc Star West Transportation, LLC Travel by Bus LLC L.d ICIS f= B ROW R D I EducatingToday's Students to i County Public Schools Succeed in Tomorrows World THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA t��� 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FLORIDA 33351 - TEL 754-321-0505 • FAX 754-321-0936 PROCUREMENT & WAREHOUSING SERVICES The School Board of wvvw. Browa rd Schools. com Broward County, Florida 7/15/2025 Debra Hixon, Chair Sarah Leonardi, Vice Chair adeff Dear Prospective Bidders,Lod , Essq Adam CerveraraE. p. Maura McCarthy Bulman SUBJECT: Instructions to Bidders Dr. Jeff Holness Invitation to Bid: FY23.029 — Motor Coach Transportation Services iNora Rupert p Rebecca Thompson Dr. Allen Zeman Dr. Howard Hepburn Superintendent of Schools The School Board of Broward County, Florida (SBBC) is interested in receiving bids in response to the attached Invitation to Bid (ITB) for Motor Coach Transportation Services. Any questions regarding this ITB should be addressed to me, in writing via e-mail to marleen.padron@browardschools.com. Once this solicitation is released to the General Public, the Cone of Silence (See General Condition 59) shall take effect. Any bidder, or lobbyist for a bidder, is prohibited from having any communications concerning any solicitation for a competitive procurement with any School Board member, the Superintendent, or any other School District employee after Procurement & Warehousing Services releases a solicitation to the General Public. All communications must go through the Purchasing Agent. Any information that amends any portion of this ITB, which is received by any method other than an Addendum issued to the ITB, is not binding on SBBC. In order to ensure that your bid is in full compliance with all requirements of the ITB, carefully read all portions of the ITB document, paying particular attention to the following areas: • SMALLIMINORITYIWOMEN BUSINESS ENTERPRISE (EISNIMIWBE) CERTIFICATIONIPARTICIPATION (See Attachment A) SBBC has implemented a Small/Minority/Women Business Enterprise (E/SN/WWBE) Program as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 3330 Supplier Diversity Outreach Program. The purpose of the program is to remedy the ongoing effects of identified marketplace discrimination that the School Board has found continue to adversely affect the participation of Small/Minority and/or Women Business Enterprises ("E/S/V/MIWBE") in School Board contracts. E/SN/M/WBE vendors utilized for this contract must be certified by SBBC's Supplier Diversity Outreach Program Office prior to the submission of the bid proposal. For information on EISNIMIWBE Certification or Policy 3330, contact SBBC's Supplier Diversity Outreach Program at 754-321-0550 or visit http://www.brow@rdschools.com/sdop. • ' NON -MANDATORY BIDDERS' CONFERENCE A Bidders' Conference will be held on (SEE SECTION 2 — CALENDAR), beginning at Eastern Time (ET), in the Technology and Support Services Center, Procurement & Warehousing Services, 7720 West Oakland Park Boulevard, Sunrise, Florida 33351-6704. Representatives from all interested companies are encouraged to attend. • SUBMITTAL REQUIREMENTS Submittal Requirements in Section 1 is a listing of submittals that are required to be part of your bid package. Please make sure that all required submittals have been included as part of your bid package. • COMPLETION OF BIDS The Bid Summary Sheets upon which the Bidder submits its prices should be completed electronically (Excel, if applicable). The Bidder Acknowledgement Section must be completed in full and fully executed by an authorized representative of the Bidder. SBBC reserves the right to reject any bid which is not completed in full. • PRICING CORRECTIONS SBBC reserves the right not to tabulate any illegible entries, pencil bids, or price corrections that have not been initialed and to reject any bid containing any of these errors. • DUE DATE Bids are due electronically (e-bidding through DemandStar) on the date and time stated on Page 1 of the ITB. In order to have your bid considered, it must be received on or before the date and time due. Bids received after 2:00 p.m. ET on the date due will not be considered. • STATEMENT OF "NO BID" If you are not submitting a bid in response to this ITB, please complete Section 9, Statement of "No Bid" and return via facsimile to 754-321-0555 or scan and send via e-mail to marleen.padron@browardschools.com. Your response to the Statement of "No" Bid is very important to Procurement & Warehousing Services when creating future ITBs. Thank you for your interest in SBBC. Again, if you have any questions, please contact me at the telephone number or email address stated above. Marleen Padron Purchasing Agent II -= tl IPIS 7s�7 B R O Ulf A R D Educating Today's Students to L County Public Schools Succeed in Tomorrows World TABLE OF CONTENTS INVITATIONTO BID ..........................................................................................................................................................................................1 SECTION1 —BIDDER ACKNOWLEDGEMENT............................................................................................................................................. I SECTION2 — CALENDAR..................................................................................................................................................................................2 SECTION3 — GENERAL CONDITIONS...........................................................................................................................................................3 SECTION4 — SPECIAL CONDITIONS..............................................................................................................................................................9 SECTION 5 — BID SUMMARY (PRICING) & SPECIFICATIONS SHEET...................................................................................................I I SECTION 6 — SUPPLIER DIVERSITY OUTREACH PROGRAM (SDOP)....................................................................................................13 SECTION 7 — MINIMUM INSURANCE REQUIREMENTS...........................................................................................................................14 SECTION8 — FORMS AND ATTACHMENTS................................................................................................................................................15 ATTACHMENT A — SUPPLIER DIVERSITY OUTREACH PROGRAM (SDOP) FORMS......................................................................16 ATTACHMENTB — CONFLICT OF INTEREST.........................................................................................................................................19 ATTACHMENTC — DEBARMENT.............................................................................................................................................................20 INSTRUCTIONS FOR CERTIFICATION — SUPPLEMENT FOR ATTACHMENT C..........................................................................21 ATTACHMENT D — BIDDER PREFERENCE.............................................................................................................................................22 ATTACHMENTE — DRUG FREE WORK PLACE......................................................................................................................................23 ATTACHMENT F — WORKERS' COMPENSATION AFFIDAVIT............................................................................................................24 ATTACHMENT G - AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES...............................25 SECTION9 — STATEMENT OF "NO BID"......................................................................................................................................................26 Page i of i Page .IY The School Board of Broward County, Florida INVITATION TO B I D PROCUREMENT & WAREHOUSING SERVICES 7720 West Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351-6704 754-321-0505 (ITB) DUE DATE: Bids must be submitted electronically via ITB NO.: RELEASE DATE: PURCHASING AGENT: Demandstar on or before 2:00 p.m. Eastern Time (ET): FY23-029 7/15/2025 Marleen Padron 7/31/2025 754-321-0555 Check Addenda for any revised opening dates before submitting BID TITLE: our bid. Bid(s) received, after the date and time stated above, shall not be considered for award. Faxed and/or emailed bids MOTOR COACH TRANSPORTATION SERVICES are not allowed and will not be considered for award. SECTION 1- BIDDER ACKNOWLEDGEMENT IN ACCORDANCE WITH GENERAL CONDITION 1, THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE WHERE INDICATED BELOW AND SUBMITTED WITH THE BID. FAILURE TO PROVIDE THIS DOCUMENT, WITH THE BID, WILL RESULT IN BID BEING CONSIDERED NON- RESPONSIVE. Bidder's Name (Company): "REMIT TO" ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed to address other than as stated on the left, please complete the section below. ❑ Check this box if the address is the same as stated on the left. "Doing Business As" (d/b/a), if applicable: Address: Address: City: City: State: Zip Code: State: Zip Code: Federal Tax Identification Number: Telephone Number: E-mail Address to Send Purchase Orders: Federal Tax Identification Number: I hereby certify that I am submitting the following information as my firm's (Bidder) bid and am authorized by Bidder to do so. Bidder agrees to complete and unconditional acceptance of the contents of all pages in this Invitation To Bid (ITB) and all appendices and the contents of any Signature of Authorized Representative (Manuao Addenda released hereto; Bidder agrees to be bound to any and all specifications, terms, and conditions contained in the ITB, and any released Addenda and understand that the following are requirements of this ITB and failure to comply will result in disqualification of the bid Name of Authorized Representative (Typed or Printed) submitted; Bidder has not divulged, discussed, or compared the bid with other Bidders and has not colluded with any other Bidder or party to any other bid; Bidder, its principals, or their lobbyists has not offered campaign contributions to School Board Members or offer contributions to School Board Members for campaigns of other candidates for political office Title during the period in which the Bidder is attempting to sell goods or services to the School Board. This period of limitation of offering campaign contributions shall commence at the time of the cone of silence" period for any solicitation for a competitive procurement as described by Email of Authorized Representative School Board Policy 3800, Part VIII, as well as School Board Policy 1007, Section 5.4 — Campaign Contribution Fundraising. Bidder acknowledges that all information contained herein is part of the public record as defined by the State of Florida Sunshine and Public Records Laws; all responses, data, and information contained in this bid are true and accurate. I agree that this bid cannot be withdrawn within 90 days from the date due. SUBMITTAL REQUIREMENTS In order to assure that your bid is in compliance with bid requirements, please verify that the submittals indicated by the ® below have been submitted. ® Conflict of Interest Form ® Certificate of Debarment ❑ Manufacturers Authorization ❑ Bidder's Preference Statement Section 8, Attachment B Section 8, Attachment C Special Condition _ Special Condition _ ® Bid Summary Sheet Section 5 ❑ Descriptive Literature Special Condition ❑ Material Safety Data Sheets Special Condition ❑ Bid Bond ® E/SN/M/WBE Participation Schedule (Attachment A) ❑ Descriptive Literature Special Condition ❑ Statement of Intent to Perform as an E/S/V/M/WBE Subcontractor (Attachment A) ❑ Descriptive Literature Special Condition Note: If your firm wishes to not submit a bid in response to the ITB, please complete and return, via mail or fax, the Statement of No Bid attached as the last page of this ITB. Form 3270D Broward County Public Schools Is An Equal Opportunity/Equal Access Employer REVISED 10/26/2016 Page 1 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida Tuesday, July 15, 2025 SECTION 2 — CALENDAR Release of ITB FY23-029-1 Bid No. FY23-029-1 Page 2 of 26 Monday, July 21, 2025 Non -Mandatory Bidder's Conference (See Special Condition 3) Procurement & Warehousing Services Department. The meeting will be held at 9:00 AM: 7720 West Oakland Park Blvd., Suite 323, Sunrise, Florida 33351-6704 Virtual Pre -bidders Conference is also available at: MS Teams Meeting ID: 254 640116167 6 Passcode: oW6Dj6Vt Wednesday, July 23, 2025 Vendor written questions (See Special Condition 2) due on or before 5:00 p.m. ET via email to: marleen:padron@browardschools.com Thursday, July 31, 2025* *Bids are due electronically (e-bidding through www.demandstar.com) on or before 2:00 p.m. ET. In order to have your proposal considered, it must be electronically submitted and received on or before the date and time due. Proposals received after 2:00 p.m. ET on the date due will not be considered; late bids will not be accepted. NOTE: SBBC is no longer accepting the submittal of proposals in hard copy format. All proposals must be submitted electronically via Demandstar. Proposal Opening will be at: 7720 West Oakland Park Blvd., Suite 323 Sunrise, Florida 33352-6704 TBD Posting of Recommendation @ 3:00 PM on Demandstar.com NOTE: If you plan to attend the public meeting or hand -deliver your bid, please arrive early enough to find a parking spot, hike to the building, sign in at the Security Desk (remember to bring your photo ID!) and get to the appropriate floor. * These are public meetings. The School Board of Broward County, Florida, prohibits any policy or procedure which results in discrimination on the basis of age, color, disability, gender identify, gender expression, national origin, marital status, race, religion, sex or sexual orientation. Individuals who wish to file a discrimination and/or harassment complaint may call the Director of EE0/ADA Compliance at 754-321-2150 or Teletype Machine (TN 754-321-2158. Individuals with disabilities requesting accommodations under the Americans with Disabilities Act (ADA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 2 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida SECTION 3 - GENERAL CONDITIONS SEALED BID REQUIREMENTS: The "Bidder Acknowledgement Section" must be completed, signed and returned with the bid. The Bid Summary Sheet pages on which the Bidder actually submits a bid, and any pages, upon which information is required to be inserted, must be completed and submitted with the bid. The School Board of Broward County (SBBC) reserves the right to reject any bid that fails to comply with these submittal requirements. a) BIDDER'S RESPONSIBILITY: It is the responsibility of the Bidder to be certain that all numbered pages of the bid and all attachments thereto are received and all Addendum released are received prior to submitting a bid without regard to how a copy of this ITB was obtained. All bids are subject to the conditions specified herein on the attached bid documents and on any Addenda issued thereto. b) BID SUBMITTED: Completed bid must be submitted in a sealed envelope with bid number and name clearly typed or written on the front of the envelope. Bids must be time stamped in Procurement & Warehousing Services on or before 2:00 p.m. ET on the date due for bid to be considered. Bids shall be opened at 2:00 p.m. ET on the date due. Bids submitted by email, telegraphic orfacsimile transmission shall not be accepted. c) EXECUTION OF BID: Bid must contain an original manual signature of an authorized representative in the space provided above. All bids must be completed in ink or typewritten. If a price correction is necessary, draw a single line through the entered figure and enter the corrected figure or use opaque correction fluid. All price corrections must be initialed by the person signing the bid even when using opaque correction fluid. SBBC reserves the right to reject any bid or bid item completed in pencil or any bid that contains illegible entries or price corrections not initialed. d) BIDDING PREFERENCE LAWS: ALL BIDDERS MUST COMPLETE AND SUBMIT THE LEGAL OPINION OF BIDDER'S PREFERENCE FORM IN ORDER TO BE CONSIDERED FOR AWARD. The State of Florida provides a Bidder's preference for Florida vendors for the purchase of personal property. The local preference is five (5) percent Bidders outside the State of Florida must have an attorney, licensed to practice law in the out-of-state jurisdiction, as required by Section 2, Chapter 287.084, Florida Statutes, execute Attachment D "Opinion of Out -of --State Bidders Attorney on Bidding Preferences" form and must submit this form with the submitted bid. Such opinion should permit SBBC's reliance on such an attorney's opinion for purposes of complying with Chapter 287.084, Florida Statutes. Florida Bidders must also complete their portion of the form. Failure to submit and execute this form, with the bid, shall result in the bid being considered "non -responsive" and bid rejected. 2. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total. Prices must be stated in units to the quantity specified in the bidding specification. In case of discrepancy in computing the amount of the bid, the Unit Price quoted shall govern. All prices quoted shall be F.O.B. destination and freight prepaid (Bidder pays and bears freight charges). Awardee owns goods in transit and files any claims. Discounts for prompt payment: Award, if made, shall be in accordance with terms and conditions stated herein. Each item must be bid separately and.no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered shall not be a consideration in the determination of an award of the bid(s). If an Awardee offers a discount or offers terms less than Net 30, it is understood that a minimum of 30 days shall be required for payment, and if a payment discount is offered, the discount time shall be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified. a) TAXES: SBBC does not pay Federal Excise and State taxes on direct purchase of tangible personal property. The applicable tax exemption number is shown on the Purchase Order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of SBBC owned real property as defined in Chapter 192, Florida Statutes. b) MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so shall be at Bidder's risk. c) CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid) unless otherwise specified. All containers shall be suitable for storage or shipment and all prices shall include standard commercial packaging. d) UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be UL listed where such has been established by UL for the item(s) offered and furnished. Instead of the UL listing, Bidder may substitute a listing by an independent testing laboratory recognized by OSHA under the Nationally Recognized Testing Laboratories (NRTL) Recognition Program. Bid No. FY23-029-1 Page 3 of 26 e) BIDDER'S CONDITIONS: Bid conditions and specifications shall not be changed, altered or conditioned in any way. SBBC specifically reserves the right to reject any conditional bid. 3. SAMPLES: Samples of items, when required, must be furnished free of expense within five (5) working days of the request unless otherwise stated and, if not destroyed, will, upon request, be returned at the Bidder's expense. Bidders shall be responsible for the removal of all samples furnished within 30 days after bid opening. All samples shall be disposed of after 30 days. Each individual sample must be labeled with Bidder's name, bid number, and item number. Failure of Bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid item. Unless otherwise indicated, samples should be delivered to Procurement & Warehousing Services, The School Board of Broward County, Florida, 7720 West Oakland, Park Boulevard, Suite 323, Sunrise, Florida 33351-6704. 4. DELIVERY: All deliveries shall be F.O.B. destination point. Unless the actual date of delivery is specified (or if specified delivery cannot be met), show the number of days required to make delivery after receipt of Purchase Order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding state holidays and days during which SBBC administration is closed. 5. INTERPRETATIONS: Any questions concerning conditions and specifications must be submitted in writing and received by Procurement & Warehousing Services no later than ten working days, or as stated in the Special Conditions, prior to the original bid opening date. If necessary, an Addendum shall be issued. 6. AWARDS: In the best interest of SBBC, SBBC reserves the right to: 1) withdraw this ITB at any time prior to the time and date specified for the bid opening; 2) to reject any or all bids received when there are sound documented business reasons that serve the best interest of SBBC; 3) to accept any item or group of items unless qualified by Bidder; and 4) to acquire additional quantities at prices quoted on this ITB unless additional quantities are not acceptable, in which case, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY." All awards made as a result of this bid shall conform to applicable Florida Statutes and shall be governed by the laws of the State of Florida, and must have venue established in the 17r^ Judicial Circuit Court of Broward County, Florida or the United States Court of the Southern District of Florida. 7. BID OPENING: Shall be public, on the date and at the time specified on the bid form. All bids received after that time shall not be considered. 8. ADVERTISING: In submitting a bid, Bidder agrees not to use the results there from as a part of any commercial advertising without prior approval of SBBC. 9. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance shall be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the Awardee until acceptance by the buyer unless loss or damage resulting from negligence by the buyer. If the materials or services supplied to SBBC are found to be defective or not conform to specifications, SBBC reserves the right to cancel the order upon written notice to the seller and return product at Awardee's expense. 10. PAYMENT: Payment shall be made by SBBC after the items awarded have been received, inspected, found to comply with award specifications and free of damage or defect and properly invoiced. All payments shall be made by ACH (Automated Clearing House) for automatic deposits (credits). 11. CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP: Section 112.313 (3) and (7), Florida Statutes, sets forth restrictions on the ability of SBBC employees acting in a private capacity to rent, lease, or sell any realty, goods or services to SBBC. It also places restrictions on SBBC employees concerning outside employment or contractual relationships with any business entity which is doing business with SBBC. Each Bidder is to disclose any employees it has who are also SBBC employees by submitting Attachment B, Disclosure of Potential Conflict of Interest and Conflicting Employment or Contractual Relationship, with its Bid. Any employees identified by the Bidder when completing Attachment B should obtain legal advice as to their obligations and restrictions under Section 112.313 (3) and (7), Florida Statutes. 12. INSURANCE: Bidder, by virtue of submitting a bid, shall be in full compliance with paragraph 20: LIABILITY INSURANCE, LICENSES, AND PERMITS of the General Conditions. Insurance Requirements are shown in Section 6 of this ITB. Bidder shall take special notice that SBBC shall be named as an additional insured under the General Liability policy including Products Liability. The insurance policies shall be issued by companies qualified to do business in the State of Florida. The insurance companies must be rated at least A -VI by AM Best or Aa3 by Moody's Investor Service. All policies must remain in effect during the performance of the contract. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 3 Bid Title: Motor Coach Transportation ie z)cnool boara oT brOWara uounry, I-lonaa Bid No. FY23-029-1 4OTZb 13. LICENSES, CERTIFICATIONS, AND REGISTRATIONS: As of the Bid Opening Date, Bidder musthave all Licenses, Certifications, and Registrations required when performing the services as described herein, in order for Bid to be considered a responsive and responsible Bid. Licenses, Certifications, and Registrations required for this Bid shall be as required by Chapter 489, Florida Statutes, as currently enacted or as amended from time to time; by the State Requirements for Educational Facilities (SREF), latest version; and by Broward County, Florida. Bidder must submit a copy of all its current Licenses, Certifications, and Registrations required as described herein, either with its Bid or within five working days of notification. An Awardee who has any License, Certification, or Registration either suspended, revoked or expired after the date of the Bid Opening shall provide notice to the Director of Procurement & Warehousing Services within rive working days of such suspension, revocation or expiration. However, such suspension, revocation or expiration after the date of the Bid Opening shall not relieve the Awardee of its responsibilities under this ITB. 14. PATENTS & ROYALTIES: The Awardee, without exception, shall indemnify and save harmless SBBC and its employees from liability of any nature or kind, including cost and expenses for any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by SBBC. If the Awardee uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. 15. OSHA: The Awardee warrants that the product supplied to SBBC shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition shall be considered as a breach of contract 16. SPECIAL CONDITIONS: The Superintendent or Designee has the authority to issue Special Conditions and Specifications as required for individual bids. Any and all Special Conditions that may vary from these General Conditions shall have precedence. 17. ANTI -DISCRIMINATION: SBBC, prohibits any policy or procedure which results in discrimination based on age, color, disability, gender identity, gender expression, national origin, marital status, race, religion, sex or sexual orientation. Individuals who wish to file a discrimination and/or harassment complaint may call the Executive Director, Benefits, Employment Services and EEO Compliance at 754-321-2150 or Teletype Machine TTY 754-321-2158. 18. QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new unless otherwise specified. The items bid must be new, the latest model, of the best quality and highest grade workmanship. 19. LIABILITY INSURANCE, LICENSES AND PERMITS: Where Awardees are required to enter or go onto SBBC property to deliver materials or perform work or services as a result of a bid award, the Awardee agrees to The Hold Harmless Agreement stated herein and shall assume the full duty obligation and expense of obtaining all necessary licenses, permits, and insurance. The Awardee shall be liable for any damages or loss to SBBC occasioned by the negligence of the Awardee (or agent) or any person the Awardee has designated in the completion of the Contract as a result of their bid. 20. BID BONDS, PERFORMANCE BONDS AND CERTIFICATES OF INSURANCE: Bid bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. Bid bonds shall be retumed to non-Awardees. After acceptance of the bid, SBBC shall notify the Awardee to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond shall be returned to the Awardee. 21. CANCELLATION: In the event, any of the provisions of this bid are violated by the Awardee, the Superintendent shall give written notice to the Awardee stating the deficiencies and unless deficiencies are corrected within five days, a recommendation shall be made to SBBC for immediate cancellation. 22. IRREVOCABILITY OF BID: A bid may not be withdrawn before the expiration of 90 days from the date of bid opening. 23. INFORMATION NOT IN ITB: No verbal or written information which is obtained by a Bidder other than by information within this document or Addenda to this ITB shall be binding on SBBC. 24. EXPENDITURE: No guarantee is given or implied as to any sums payable or the quantity or scope of any award under this ITB. SBBC is not obligated to place an order for goods/services as a result of this award. Order placement shall be based upon the needs and best interests of SBBC. Order numbers and shall be submitted in duplicate to The School Board of Broward County, Florida, Accounting and Financial Reporting Department, Attn: Accounts Payable, 600 S.E. 31d Avenue, T h Floor, Fort Lauderdale, Florida 33301. (Unless otherwise stated in the Special Conditions) Payment shall be made a minimum of 30 days after delivery, authorized inspection and acceptance. When vendors are directed to send invoices to a school, the school shall make direct payments to the vendor. 26. NOTE TO VENDORS DELIVERING TO CENTRAL WAREHOUSE: Receiving hours are Monday through Friday (excluding state holidays and days during which SBBC administration is closed) 7:00 a.m. to 2:00 p.m. ET. 27. SUBSTITUTIONS: SBBC SHALL NOT accept substitute shipments of any kind. Awardees are expected to furnish the brand quoted in their bid once awarded by SBBC. Any substitute shipments shall be returned at the Awardee's expense. 28. FACILITIES: SBBC reserves the right to inspect the Awardee's facilities at any time with prior notice. SBBC may use the information obtained from this in determining whether a Bidder is a responsible Bidder. 29. ASBESTOS AND FORMALDEHYDE STATEMENT: All building materials, pressed boards, and furniture supplied to SBBC shall be 100% asbestos -free. It is desirous that all building materials, pressed boards and furniture supplied to SBBC also be 100% formaldehyde -free. Bidder, by virtue of bidding, certifies by signing bid that, if awarded this bid, only building materials, pressed boards, and/or furniture that is 100% asbestos -free shall be supplied. 30. ASSIGNMENT: Neither any award of this bid nor any interest in any award of this bid may be assigned, transferred or encumbered by any party without the prior written consent from the Director, Procurement & Warehousing Services. There shall be no partial assignments of this ITB including, without limitation, the partial assignment of any right to receive payments from SBBC. 31. EXTENSION: In addition to any extension options contained herein, SBBC is granted the right to extend any award resulting from this bid for the period of time necessary for SBBC to release, award and implement a replacement bid for the goods, products and/or services provided through this bid. Such extension shall be upon the same prices, terns and conditions as existing at the time of SBBC's exercise of this extension right. The period of any extension under this provision shall not be for a period in excess of six months from (a) the termination date of a contract entered into as a result of this bid or (b) the termination date under any applicable period of extension under a contract entered into as a result of this bid. 32. OMISSION FROM THE SPECIFICATIONS: The apparent silence of this specification and any Addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best available units shall be provided and the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. 33. SUBMITTAL OF INVOICES: All Bidders are hereby notified that any invoice submitted as a result of the award of this bid must be in the same format as any Purchase Order released as a result of the award of this bid. Each line of the invoice must reference a_ corresponding single line shown on the Purchase Order. A single invoice line must not correspond to or commingle the cost shown on multiple Purchase Order lines. An invoice submitted that does not follow the same format and line numbering as shown on the Purchase Order shall be deemed to be not correct and may be returned to the vendor by the Accounts Payable Department for correction. The address for submitting invoices is included in Purchase Order. 34. PURCHASE AGREEMENT: This bid and the corresponding Purchase Orders shall constitute the complete agreement SBBC shall not accept proposed terms and conditions that are different than those contained in this Invitation to Bid, including pre- printed text contained on catalogs, price lists, other descriptive information submitted or any other materials. By virtue of submitting a bid, Awardee agrees to not submit to any SBBC employee, for signature, any document that contains terms and conditions that are different than those contained herein and that in the event any document containing any term or condition that differs from those contained herein is executed, said document shall not be binding on SBBC. 35. SBBC INFORMATION SECURITY GUIDELINES: It is the responsibility of the Awardee to read and adhere to the SBBC Information Security Guidelines when using any device connected to the SBBC's network. Following the conclusion of the contract term, all of SBBC's confidential information must be removed from Awardee's equipment and all access privileges must be revoked. Final payment shall be withheld until the Awardee has confirmed, in writing, that all SBBC's confidential information has been purged from any and all electronic technology devices that were used during this contract and were connected to the SBBC's network. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 4 Bid Title: Motor Coach Transportation ie 5cnool boara oT browara uouniv, morlaa Bid No. FY23-029-1 0OTZ0 37 PROTESTING OF BID CONDITIONSISPECIFICATIONS: Any person desiring to protest the conditions/specifications in this ITB, or any Addenda subsequently released thereto, shall file a notice of intent to protest, in writing, within 72 hours after electronic release of the competitive solicitation or Addendum and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. Saturdays, Sundays, state holidays or days during which SBBC administration is closed shall be excluded in the computation of the 72 hours. If the tenth calendar day falls on a Saturday, Sunday, state holiday or day during which SBBC administration is closed, the formal written protest must be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday, Sunday, state holiday or day during which SBBC administration is closed. Section 3 b, Chapter 120.57, Florida Statutes, as currently enacted or as amended from time to time, states that "The formal written protest shall state with particularity the facts and law upon which the protest is based." Failure to file a notice of protest or to file a formal written protest within the time prescribed by Section 3, Chapter 120.57), Florida Statutes, or a failure to post the bond or other security required by SBBC Policy 3320, within the time allowed for filing a bond, shall constitute a waiver of proceedings. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, SBBC may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings, SBBC prevails, SBBC shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorneys fees. Upon payment of such costs and charges by the protestant, the bond shall be returned. The failure to post the bond required by SBBC Policy 3320, Part Vlll, as currently enacted or as amended from time to time, shall constitute a waiver of proceedings. Notices of protest, formal written protests, and the bonds required by SBBC Policy 3320, shall be filed at the office of the Director, Procurement & Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704 (fax 754-321-0936). Fax filing shall not be acceptable for the filing of bonds. POSTING OF BID RECOMMENDATIONSITABULATIONS: ITB Recommendations and Tabulations shall be posted in Procurement & Warehousing Services and on www.demandstar.com and shall remain posted for 72 hours. Any change to the date and time established herein for the posting of ITB Recommendations/Tabulations shall be posted in Procurement & Warehousing Services and/or at www.demandstar.com (under the document section for this ITB). In the event the date and time of the posting of ITB Recommendations/rabulations is changed, it is the responsibility of each Bidder to ascertain the revised date of the posting of ITB Recommendations/Tabulations. Any person desiring to protest the intended decision shall file a notice of protest, in writing, within 72 hours after the posting of the ITB tabulation and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. Saturdays, Sundays, state holidays and days during which SBBC administration is closed shall be excluded in the computation of the 72 hours. If the tenth calendar day falls on a Saturday, Sunday, state holiday or day during which SBBC administration is closed, the formal written protest must be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday or Sunday, state holiday or days during which SBBC administration is closed. No submissions made after the Bid opening amending or supplementing the Bid shall be considered. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that "The formal written protest shall state with particularity the facts and law upon which the protest is based". Any person who files an action protesting an intended decision shall post with SBBC, at the time of filing the formal written protest, a bond, payable to SBBC, in an amount equal to one percent (1 %) of SBBC's estimate of the total volume of the contract SBBC shall provide the estimated contract amount to the vendor within 72 hours, excluding Saturdays, Sundays and other days during which SBBC administration is closed, of receipt of notice of intent to protest. The estimated contract amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, SBBC may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings, SBBC prevails, SBBC shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorneys fees. Upon payment of such costs and charges by the protestant, the bond shall be returned. All documentation necessary for the protest proceedings shall be provided electronically by SBBC. 37. (Continued): Failure to file a notice of protest or to file a formal written protest within the time prescribed by Section 120.57(3), Florida Statutes, or a failure to post the bond or other security required by SBBC Policy 3320 within the time allowed for filing a bond, shall constitute a waiver of proceedings. The failure to post the bond required by SBBC Policy 3320, Part Vill, as currently enacted oras amended from time to time, shall constitute a waiver of proceedings. Notices of protests, formal written protests, and the bonds required by Policy 3320, shall be filed at the office of the Director, Procurement & Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351.6704 (fax 754.321.0936). Fax filing shall not be acceptable for the filing of bonds. 38. SUBMITTAL OF BIDS: All Bidders are reminded that it is the sole responsibility of the BIDDER to assure that their bid is time -stamped in PROCUREMENT & WAREHOUSING SERVICES on or before 2:00 p.m. ET on the date due. The address for bid submittal, including hand -delivery and overnight courier delivery, is indicated as 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704. The Bidder is fully and completely responsible for the payment of all delivery costs associated with the delivery of their bid or related material. Procurement & Warehousing Services shall not accept delivery of any bid or related material requiring SBBC to pay for any portion of the delivery cost or the complete delivery cost. Prior to bid submittal, it is the responsibility of the Bidder to be certain that all Addenda released have been received, that all Addendum requirements have been completed, and that all submittals required by the Addendum have been timely filed. (See General Condition 1.) 39. PACKING SLIPS: It shall be the responsibility of the Awardee to attach all packing slips to the OUTSIDE of each shipment. A packing slip must reference the SBBC Purchase Order number/control number. Failure to provide a packing slip attached to the outside of shipment shall result in refusal of shipment at the Awardee's expense. 40. USE OF OTHER CONTRACTS: SBBC reserves the right to utilize any other SBBC contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, other schools, other community collegetstate university system cooperative bid agreement, or to directly negotiate/purchase per SBBC and/or Rule 6A- 1.012, Florida Administration Code as currently enacted or as amended from time to time, in lieu of any offer received or award made as a result of this bid if it is in its best interest to do so. INDEMNIFICATION: Any bid that fails to accept these conditions shall be rejected as "non -responsive." a) SBBC agrees to be fully responsible for its acts of negligence or its agents' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by SBBC. Nothing herein shall be construed as consent by SBBC to be sued by third parties in any matter arising out of any contract Nothing herein shall be construed as a waiver by SBBC of any rights or limits to liability under Section 768.28, Florida Statutes. AWARDEE agrees to indemnify, hold harmless and defend SBBC, its agents, servants and employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which SBBC, its agents, servants, and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services famished by the AWARDEE, its agents, servants or employees; the equipment of the AWARDEE, its agents, servants or employees while such equipment is on premises owned or controlled by SBBC; or the negligence of AWARDEE or the negligence ofAWARDEE's agents when acting within the scope of their employment, whether such claims, judgments, costs, and expenses be for damages, damage to property including SBBC's property, and injury or death of any person whether employed by the AWARDEE, SBBC or otherwise. 42. PURCHASE BY OTHER PUBLIC AGENCIES: With the consent and agreement of the awarded contractor(s), purchases may be made under this bid by other agencies. Such purchases shall be governed by the same terms and conditions as stated herein. 43. GOVERNING LAW: This ITB and any award(s) resulting from this ITB shall be interpreted and construed in accordance with the laws of the State of Florida. Any protests arising from this ITB shall be subject to Section 120.57(3), Florida Statutes. Any disputes or controversies arising out of a contract award under this ITB shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit Court in and for Broward County, Florida. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 5 Bid Title: Motor Coach Transportation Th B 50001 board of broward County, t-lorlda Bid No. FY23-029-1 tr . irt'll 44. 45. 46. 47 48. PUBLIC ENTITY CRIMES: Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO [currently $25,0001 for a period of 36 months from the date of being placed on the convicted vendor list. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION - Lower Tier Covered Transactions: Executive Order 12549, as currently enacted or as amended from time to time, provides that, to the extent permitted by law, Executive departments and agencies shall participate in a government -wide system for non -procurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. Except as provided in § 85.200, Debarment or Suspension, § 85.201, Treatment of Title IV HEA participation, and § 85.215, Exception Provision, debarment or suspension of a participant in a program by one agency shall have a government -wide effect. A lower - tier covered transaction is, in part, any transaction between a participant [SBBC] and a person other than a procurement contract for goods or services, regardless of type, under a primary covered transaction; and any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the Federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $100,000) under a primary covered transaction; or any procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount, under which that person shall have a critical influence on or substantive control over that covered transaction. A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its principals are not debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. Each participant shall require participants in lower tier covered transactions to include the certification for it and its principals in any bid submitted in connecfion with such lower tier covered transactions. CERTIFICATION a) The prospective lower tier participant certifies, by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid. Every time a Bid is submitted that includes a reference to this Form, a new Form is required. Any Bid that does not include this required Form shall not be evaluated and shall not be considered for award. A signature is required on BOTH the Debarment Form AND the Invitation to Bid page. A signature on one document cannot be substituted for the signature required on the other document Failure to complete and sign both documents requiring signature shall result in rejection of bid submitted. REASONABLE ACCOMMODATION: Individuals with disabilities requesting accommodations under the Americans with Disabilities Act (ADA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine TTY 754- 321- 2158. SEVERABILITY: In case of any one or more of the provisions contained in this Bid shall be for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability or unlawful or void nature of that provision shall not affect any other provision and this Bid shall be considered as if such invalid, unlawful, unenforceable or void provision had never been included herein. DISTRIBUTION: DemandStar by Onvia, www.demandstar.com, is the official method approved by Procurement and Warehousing Services for the distribution of all competitive solicitations including ITBs and RFPs. It is the responsibility of all Bidders to assure they have received all necessary documents, including Addenda and have included all necessary information within their response. SBBC is not responsible for Bidder's failure to obtain complete bidding documents from DemandStar. SBBC reserves the right to reject any bid as non -responsive for failure to include all necessary documents or required Addenda. For information regarding the above -referenced solicitation, contact the designated Purchasing Agent as stated herein. 49. LOBBYIST ACTIVITIES: In accordance with SBBC Policy 1100B, as currently enacted or as amended from time to time, persons acting as lobbyists must state, at the beginning of their presentation, letter, telephone call, e-mail or facsimile transmission to School Board Members, Superintendent or Members of Senior Management, the group, association, organization or business interest she/he is representing. a) A lobbyist is defined as a person who for immediate or subsequent compensation, (e.g., monetary profit/personal gain) represents a public or private group, association, organization or business interest and engages in efforts to influence School Board Members on matters within their official jurisdiction. b) A lobbyist is not considered a person representing school -affiliated groups (e.g., PTA, DAC, Band Booster Associations, etc.) nor a public official acting in her/his official capacity. c) Lobbyists shall annually (July 1) disclose in each instance and for each client prior to any lobbying activities, their identity and activities by completing the lobbyist statement form which can be obtained from Official School Board Records, School Board Member's Offices or the Superintendent's Office and shall be recorded on SBBC's website, www.browardschools.com. d) The lobbyist must disclose any direct business association with any current elected or appointed official or employee of SBBC or any immediate family member of such elected or appointed official or employee of SBBC. e) Senior -level employees (Pay Grade 30 and above) and/or School Board Members are prohibited from lobbying activities for one year after resignation or retirement or expiration of their term of office. 50. TIE BID PROCEDURES: When identical prices are received from two or more Bidders and all other factors are equal, priority for an award shall be given to Bidders in the following sequence: ➢ A business that certifies that it has implemented a drug -free workplace program shall be given preference in accordance with the provisions of Chapter 287.087, Florida Statutes, as currently enacted or as amended from time to time; ➢ The Broward County Certified Minority/Women Business Enterprise Bidder; ➢ The Palm Beach County or Miami -Dade County Certified Minority/Women Business Enterprise Bidder, ➢ The Florida Certified Minority/Women Business Enterprise Bidder, ➢ The Broward County Bidder, other than a Minority/Women Business Enterprise Bidder; ➢ The Palm Beach County or Miami -Dade County Bidder, other than a Minority/Women Business Enterprise vendor, ➢ The Florida Bidder, whose main office is in the State of Florida, other than a Minority/Women Business Enterprise vendor. ➢ If the application of the above criteria does not indicate a priority for an award, the award shall be decided by a coin toss. The coin toss shall be held publicly in Procurement & Warehousing Services; the be low bid Bidders invited to be present as witnesses. Included as a part of these bid documents is a Form entitled SWORN STATEMENT PURSUANT TO CHAPTER 287.087, FLORIDA STATUTES, AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO BUSINESSES WITH DRUG -FREE WORKPLACE PROGRAMS. This form shall be used by the Bidder to certify that it has implemented a drug -free workplace program. In order for a bid to be considered, the Invitation to Bid form (Page 1 of this bid) must be properly signed in orderforthe bid lobe considered. A Bidder cannot sign this form in lieu of properly signing the ITB form. 51. DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: ➢ Addenda released for this ITB, with the latest Addendum taking precedence, then; ➢ The ITB; then ➢ Bidder's submitted bid. In case of any other doubt or difference of opinion, the decision of SBBC shall be final and binding on both parties. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 6 Bid Title: Motor Coach Transportation I ne bcnool boara or brOWara county. I-lonaa Bid No. FY23-029-1 / OT Zb implemented a Minority/Women Business Enterprise (M/WBE) Program as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 7007-A Administrative Procedures for The School Board of Broward County, Florida's Supplier Diversity & Outreach Program. The purpose of the program is to utilize available minority and women businesses within the Board's market area to compete for the award of SBBC construction and purchasing contracts. M/WBE vendors utilized for this contract must be certified by SBBC's Supplier Diversity & Outreach Program Office prior to the submission of Bid. For information on M/WBE Certification, contact SBBC's Supplier Diversity & Outreach Program at 754-321.0550 or visit www.browardschools.com/sdop. 53. SBBC MATERIAL NUMBER: The seven -digit number shown in parenthesis at the beginning of an item on the Bid Summary Sheet represents SBBC's material number for the item. It does not represent any manufacturer/distributor model/part number. 54. SBBC PHOTO IDENTIFICATION BADGE: Background Screening: Awardee agrees to comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, and that Awardee and all its personnel who (1) are to be permitted access to school grounds when students are present, (2) will have direct contact with students, or (3) have access orcontrol of school funds shall successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. Personnel shall include employees, representatives, agents or sub -contractors performing duties under the contract to SBBC, and who meet any or all of the three requirements identified above. This background screening shall be conducted by SBBC in advance of the Awardee or its personnel providing any services. The awardee shall bear the cost of acquiring the background screening required under Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to the Awardee and its personnel. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this ITB entitling SBBC to terminate immediately with no further responsibilities or duties to perform under this Agreement. Awardee agrees to indemnify and hold harmless SBBC, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee's failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. SBBC issued identification badges must be worn at all times when on SBBC property and must be worn where they are visible and easily readable. As of July 1, 2015, Fieldprint, Inc. has been contracted to provide all background and fingerprinting services. All questions pertaining to fingerprinting, photo identification and background check services must be directed to the Project Coordinator at 754-321-1830 or 754-321-2374. Each individual, for whom an SBBC photo identification badge is requested, must be registered into the Fieldprint, Inc. applicant enrollment website. A background check shall be conducted for each badge applicant. SBBC reserves the right to require additional information, should it be necessary, and to deny the issuance of a badge to an applicant Any applicant, that has been denied a badge, is prohibited from entering SBBC property as an employee, sub -contractor or agent of a contract Awardee. Applicant enrollment and scheduling website is www.fieldr)rintflorida.com. The total feels) forthe SBBC photo identification badge, fingerprinting and an FBI background check can be found at the following website: http:/twww.broward.kl2.fl.us/policelpdf/seccle/FIELDPRINT CODES.pdf. Payment options can be made by electronic check (e-check), Visa, MasterCard or use of an established escrow account code. These fees are non-refundable and are subject to change without notice. Badges are issued for a one-year period and must be renewed annually. The renewal date shall be one year from the date of issuance. Failure to renew the badge, at that time, shall result in the Awardee being required to re -apply and pay the going rate for badging and fingerprinting. Awardees shall return expired and/or terminated employee badges to the following location: The School Board of Broward County, Florida, Attn: Fieldprint, Inc., 600 S.E. 3b Avenue, Fort Lauderdale, Florida 33301. District or its representative reserves the right to inspect and/or audit all the Awardee's documents and records as they pertain to the products and services delivered under this agreement. Such rights shall be exercised with notice to the Awardee to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights and duties, and obligations established by this agreement. Documents/records in any form shall be open to the District or State's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub -contracts that directly or indirectly pertain to the transactions between the District and the Awardee(s). 56. ORIGINAL DOCUMENT FORMAT: Only the terms and conditions of this solicitation as they were released by SBBC, or amended via Addendum, are valid. Any modification to any term or condition by a Bidder is not binding unless it is expressly agreed to, in writing, by SBBC. 57. CREDIT CARDS: Individual schools and departments may place some orders and utilize, as the form of payment, a District -issued credit card to the extent authorized by SBBC. These orders shall be made via phone or fax for direct delivery and billing to the requesting work location. Please note that credit card purchases will benefit all vendors by providing immediate payment (i.e. within 48-72 hours), thereby eliminating the need to submit an invoice to the District's Accounts Payable Department or reconcile receivable balances. For credit card purchases, all Awardees must have the capability to accept fax orders, which must be confirmed by calling back the requesting work location to verify prices and obtain a credit card number. Only actual items shipped/delivered can be charged to the credit card account (i.e., no back -orders). All purchase deliveries must include a packing slip or receiptfinvoice listing the items and prices of goods delivered. For security reasons, the credit card charge receipt showing the work location's credit card number cannot be attached to the packing slip or receiptfinvoice submitted as part of the purchase delivery. District work locations may request that an Awardee maintains secure records of the credit card account assigned an alias or password, to avoid divulging the actual credit card number upon every purchase. 58. NONCONFORMANCE TO CONTRACT CONDITIONS: Items offered may be tested for compliance with bid conditions and specifications at any time. Items delivered, not conforming to bid conditions orspecifications, may be rejected and returned at Awardee's expense. Goods or services not delivered as per delivery date in the bid and/or Purchase Order may be rejected upon delivery and/or maybe purchased on the open market. Any increase in cost may be charged against the Awardee. Any violation of these stipulations may also result in: a) For a period of two years, any bid submitted by Awardee shall not be considered and shall not be recommended for award. b) All departments being advised not to do business with Awardee. 59. CONE OF SILENCE: Any Bidder, or lobbyist for a Bidder, is prohibited from having any communications (except as provided in this rule) concerning any solicitation for a competitive procurement with any School Board member, the Superintendent, any Evaluation Committee Member, or any other School District employee after Procurement & Warehousing Services releases a solicitation to the General Public. All communications regarding this solicitation shall be directed to the designated Purchasing Agent unless so notified by Procurement & Warehousing Services. This "Cone of Silence" period shall go into effect and shall remain in effect from the time of the release of the solicitation until the contract is awarded by SBBC. Further, any Awardee, its principals, or their lobbyists shall not offer campaign contributions to School Board Members or offer contributions to School Board Members for campaigns of other candidates for political office during the period in which the Awardee is attempting to sell goods or services to SBBC This period of limitation of offering campaign contributions shall commence at the time of the "cone of silence" period for any solicitation for a competitive procurement as described by School Board Policy 3320, Part II, Section GG as well as School Board Policy 1007, Section 5.4 — Campaign Contribution Fundraising. Any Bidder or lobbyist who violates this provision shall cause their Bid (or that of their principal) to be considered non -responsive and therefore be ineligible for award. 60. TERMINATION: This contract award maybe terminated with or without cause by SBBC during the term hereof upon giving the other party thirty (30) days written notice that SBBC is terminating the contract award. 61. EVALUATION AND BIDS: SBBC evaluates all Bids in accordance with Chapters 119.071 and 286.0113, Florida Statutes. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 7 Bid Title: Motor Coach Transportation e 5cnool hoard of ttroward County, f loncla Bid No. FY23-029-1 8 of 26 MEET OR RELEASE: If during the contract term, SBBC is offered a lower price from a third party supplier for a product or service awarded under this contract, or offers another item that meets or exceeds the specifications for the item at a lower price than the awarded price, SBBC shall request Awardee to meet the lower price offered by the third party supplier. The awardee shall be required to respond to this request within three (3) days of the request. If Awardee is unable to meet the lower price, SBBC shall be released from its contractual obligation to purchase the item under this contract. No response to this request shall indicate that Awardee is unable to offer the item at a lower price. This action, purchasing awarded item from third party supplier, shall not hold SBBC in default of contract. Each purchase shall be considered separate and apart from each other. 63. CONFIDENTIAL RECORDS: Notwithstanding any provision to the contrary within this Contract, any party contracting with SBBC under this Contract shall fully comply with the requirements of Sections 1002.22 and 1002.221, Florida Statutes; Family Educational Rights and Privacy Act (FERPA), and any other state or federal law or regulation regarding the confidentiality of student information and records. Each such party agrees, for itself, its officers, employees, agents, representatives, contractors or subcontractors, to fully indemnify and hold harmless SBBC and its officers and employees for any violation of this section, including, without limitation, defending SBBC and its officers and employees against any complaint, administrative orjudicial proceeding, payment of any penalty imposed upon SBBC, or payment of any and all costs, damages, judgments or losses incurred by or imposed upon SBBC arising out of a breach of this covenant by the party, or an officer, employee, agent, representative, contractor, or sub -contractor of the party to the extent that the party or an officer, employee, agent, representative, contractor, or sub -contractor of the party shall either intentionally or negligently violate the provisions of this section or of Sections 1002.22 and/or 1002.221, Florida Statutes. Awardee agrees that it may create, receive from or on behalf of SBBC, or have access to, records or record systems that are subject to FERPA and/or HIPAA (collectively, the "Confidential Records"). Awardee represents, warrants, and agrees that it shall. (1) hold the Confidential Records in strict confidence and shall not use or disclose the Confidential Records except as (a) permitted or required by this Agreement, (b) required by law, or (c) otherwise authorized by the SBBC in writing; (2) safeguard the Confidential Records according to commercially reasonable administrative, physical and technical standards as required by law; and (3) continually monitor its operations and take any and all action necessary to assure that the Confidential Records are safeguarded in accordance with the terms of this Agreement. At the request of the SBBC, Awardee agrees to provide SBBC with a written summary of the procedures Awardee uses to safeguard the Confidential Records. A breach of these confidentiality requirements shall constitute grounds for the SBBC to terminate any Agreement with Awardee. 64. PROPRIETARY INFORMATION: Pursuant to Chapter 119, Florida Statutes, bids received as a result of this ITB shall not become public record until thirty (30) days after the date of opening or until posting of the recommendation for award, whichever occurs first. Thereafter, all bid documents or other materials submitted by all Bidders in response to this ITB shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes. To the extent, a Bidder asserts any portion of its bid is confidential and exempt, long with specific citations of the Florida Statutes establishing the confidentiality or exemption. Failure to identify the portions of the bid claimed to be exempt or the specific statutory authority establishing the exemption shall be deemed a waiver by the Bidder that any unidentified portion of the bid is confidential or exempt from disclosure under Chapter 119, Florida Statutes. Should a public record request for bid documents or other materials submitted by a Bidder be submitted, SBBC shall notify the contact person identified in the bid of the request in writing. The notice provided shall indicate that requested materials shall be produced unless, within ten (10) calendar days of the date of the written notification, the Awardee initiated an action in a court of competent jurisdiction to obtain an injunction or protective order prohibiting the release of the requested materials. The awardee shall name the party requesting the materials as a defendant and shall not name SBBC as a party to the action. Awardee agrees to hold SBBC harmless from any award to a plaintiff for damages, costs or attorney's fees based on nondisclosure of information asserted to be confidential and exempt Failure to timely initiate the action shall be deemed a waiver by the Awardee that the requested information is confidential and exempt. Awardee agrees to waive any cause of action it may have against SBBC for the release of materials pursuant to a public record request except those based on the intentional or grossly negligent conduct of any employee of SBBC. Submission by a Bidder in response to this ITB shall be deemed as Bidder's consent to the foregoing conditions. 65. E-VERIFY: Pursuant to Section 448.095, Florida Statutes, any party contracting with SBBC shall register with and use the E-Verify system to verify the work authorization for all employees hired during the course of this Agreement Any such party shall require any subcontractors used to perform the duties and responsibilities under this Agreement to register with and use the E-Verify system to verify the work authorization for all employees subcontractor hires during the course of this Agreement. If applicable, any such party must also obtain and retain an affidavit from a subcontractor stating that the subcontractor does not employ, contract with or subcontract with anyone who is not duly authorized to work in the United States. If SBBC has a good faith belief that any such party has knowingly violated Section 448.09(1), Florida Statutes, SBBC will immediately terminate this Agreement Termination pursuant to this section is not a breach of this Agreement and may not be considered as such. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 8 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida SECTION 4 - SPECIAL CONDITIONS Bid No. FY23-029-1 Page 9 of 26 INTRODUCTION AND SCOPE: The School Board of Broward County, Florida (hereinafter referred to as "SBBC) desires bids on Motor Coach Transportation as specified herein. The intent of this Invitation to Bid is to seek pre -approved vendors to provide charter -bus services. The scope of requirements includes, but is not limited to, extra -curricular transportation services to transport students, staff, chaperones, advisor, etc., to and from athletic and scholastic events, field trips and grad night/grad bash. Single day trips may be to various sites through Palm Beach, Broward and Miami -Dade Counties, as well as, including several overnight trips throughout the State of Florida. On occasion, trips may leave the State of Florida and travel out of state. Companies awarded this contract shall be the only approved and qualified bus companies to provide these services to SBBC. Bidders must own or lease their motor coach. Approve motor companies will be allowed to subcontract out transportation services only to other SBBC approved motor coach vendors. SUBMIT IN TIME FOR BID OPENING: Demandstar.com SCHOOL BUS TRANSPORTTION SERVICE IS NOT INCLUDED IN THIS ITB. SCHOOL BUS TRANSPORTATION SERVICE WILL BE BID SEPARATELY. Charter Bus companies offering "coach" transportation and operating as a regulated common carrier under the Department of Transportation, will be approved to operate only those coaches registered to the company which permanently displays, on the bus, the company name and registration number. 2. TERM: The award of this bid shall establish a contract for the period beginning from board approval date and continuing through 6/30/2026. Bids shall not be considered for a shorter period of time. Items shall be ordered on an as -needed basis. 3. CONTRACT RENEWAL: The purpose of this bid is to establish a contract, at firm unit prices, for the purchase of estimated requirements for the items listed. The term of the bid may be renewed for one additional one-year period and, if needed, 90 days beyond the expiration date of the final renewal period. Procurement & Warehousing Services will, if considering renewing, request a letter of intent to renew from each Awardee, prior to the end of the current contract period. The Awardee shall be notified when the recommendation has been acted upon by the School Board. All prices shall be firm throughout the period stated in Special Condition 10 - Price Adjustments for the term of the contract. The Bidder(s) agrees to this condition by signing its bid. When a subsequent contract award process for the award of the goods or services sought under this competitive solicitation is stopped due to the filing of a formal written protest, The School Board reserves the right to extend any contract awarded under this competitive solicitation for the goods or services contained in the subsequent competitive solicitation that is being protested. Such extension shall be until such time as the new award under protest can be approved by The School Board. 4. AWARD: In order to mee the needs of SBBC, award will be made to all respondents that are responsive and responsible who comply with all for the specifications, terms and conditions of this bid in order to establish a pre -approved vendor list. It shall be at the sole discretion of the District to make an award for creation of the vendor list. To be considered, bidders MUST agree to comply with no deviation with Bid Specification 5 as well as complete all of the information requested on the Bid Summary Sheet and the Additional Information included within this Bid. Failure to do so will result in vour bid beina reiected. After award of this bid, any Awardee who violates any specification, term or condition of this bid can be found in default of its contract, have its contract canceled, be subject to the payment of liquidated damages, and be removed from the bid list and not be eligible to do business with SBBC for two years, as described in General Conditions 21 and 58. 5. ADDITIONAL VENDORS: SBBC reserves the right to increase the pool of bus companies to provide the services included in the ITB, if deemed necessary by SBBC Subject to approval, additional providers will be added to the poll of awarded bus companies. Regardless as to the year a bus company is added to the pool of awarded coach bus companies, all awards will be terminated at the end of this ITB. 6. INFORMATION: Any questions by prospective Bidders concerning this Invitation to Bid should be addressed to Marleen Padron, Procurement & Warehousing Services, 754-321-0555 or e-mail at marleen.padron@browardschools.com who is authorized only to direct the attention of prospective Bidders to various portions of the bid so they may read and interpret such for themselves. Neither Marleen Padron , nor any employee of SBBC, is authorized to interpret any portion of the bid or give information as to the requirements of the bid in addition to that contained in the written bid document. Questions should be submitted in accordance with General Condition 5. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to Bidders only by written Addendum. Any verbal or written information, which is obtained other than by information in this ITB document or by Addenda, shall not be binding on SBBC. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 9 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 10 of 26 7. PAYMENTS: All trips shall be paid "AFTER' Services are rendered. Awardee(s) will be allowed to collect a small security deposit, for field trips which will not exceed 25% of the total invoice prior to scheduled services. If, in the opinion of SBBC, Awardee(s) fails to satisfactorily perform the required services, the following actions will occur: a. SBBC reserve the right to assess appropriate damages and deduct said damages as specified herein for services in default and pay the remaining balance due to Awardee(s); and/or b. SBBC has the right to withhold payments from Awardee(s) for non -compliant trip(s). Payment(s) shall be withheld until Awardee (s) and SBBC reach an acceptable resolution to unsatisfactory issues encountered during trip(s). SBBC shall only pay full and final payments to Awardee(s) after full satisfactory services(s) have been rendered. 8. COMPANY REPRESENTATIVE: Bidder(s) should indicate, in the space provided on the Bid Summary Sheet, the name, address, telephone number, etc., of the representative who could make scheduled visits to the schools/departments and who shall be available, upon request, to resolve billing and delivery problems. 9. FORCE MAJEURE_ Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, epidemics, pandemics, government regulations, and the issuance or extension of existing government orders of the United States, the State of Florida, or local county and municipal governing bodies, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall lack of funds on the part of either party be deemed Force Majeure. 10. PRICE ADJUSTMENTS: Prices offered shall remain firm through the first two years of the contract. A request form price adjustment with proper documentation justifying the adjustment, may be submitted, in writing 30 days prior to the second anniversary date of the contract. Price adjustment requests shall be evaluated on an annual basis thereafter or at the time of renewal. Unit price adjustment must have written approval from SBBC prior to invoicing. Any unit price adjustment invoiced without written approval from SBBC shall not be paid and the invoice returned to the Awardee for correction. Requests for price adjustments shall not exceed 3% per adjustment. FUEL SURCHARGES ARE NOT ALLOWED UNDER THIS CONTRACT. 11. FLORIDA BIDDER'S PREFERENCE: General Condition 1.d) does not apply to this Bid as no personal property is being purchased. 12. INVOICES: Invoices MUST include PURCHASE ORDER number. The invoice must be itemized to include the total number of bus(es) provided, hourly rate or flat fee, or if required an extra driver as provided on the Bid Summary Sheet and any additional charges that is allowed under this ITB (lodging, food and gratuity for overnight stay). Invoices shall be submitted in duplicate to The School Board of Broward County, Florida, Accounting and Financial Reporting Department, Attn: Accounts Payable, 600 S.E. 3b Avenue, Th Floor, Fort Lauderdale, Florida 33301. 13. ACH PAYMENTS: Payments will be made to Awardee(s) by SBBC via ACH (Automated Clearing House) for automatic deposits (credits) after goods or services are provided by Awardee in accordance with bid requirements. To facilitate payments to be directly deposited, the ACH Payment Agreement must be submitted to purchasinghelpdesk aa�browardschools.com New vendors can do this as part of the supplier registration process described below. Vendors already registered on SBBC's eProcure Online Supplier Portal can update their information by downloading a copy of the ACH Payment Agreement and submit the completed form to the Purchasing Help Desk email stated above. 14. W-9 FORMS: All Bidders are requested to complete a W-9 form which can be found at https://www.irs.gov/pub/irs-pdf/fw9.pdf , and submit with their bid. 15. SUPPLIER REGISTRATION: To become a registered vendor for SBBC, vendors must access, complete and submit a Supplier Profile Questionnaire (SPQ) through SBBC's new eProcure Online Supplier Portal, powered by Ariba which can be located at: http://schoolboardofbrowardcounty.supplier.ariba.com/register Purchase Orders or payments cannot be issued to the Awardee without an SAP Vendor number, which is issued after completion of the Online Supplier Portal registration process. Training materials are available via our website at https://www.browardschools.com/PWS (if needed). Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 10 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 11 of 26 SECTION 5 -PRICING & SPECIFICATIONS SHEET 1. REQUIRED INFORMATION TO BE SUBMITTED BY THE BIDDER The proposal submitted must clearly indicate the name of the responding firm, as well as the name, address, and telephone number of the primary contact at the proposer's organization. The Bidders shall demonstrate their experience in the advertising industry, including experience in providing market and financial analysis of advertising sites. All companies that provide services like FMCSA carriers must be in full compliance with Federal and state guidelines. In no more than twenty (20 pages, the Bidder must include the following information within the submitted proposal: REQUIREMENTS SUBMITTAL INCLUDED IN THE SUBMITTAL YES NO 1. Provided a copy of U. S. Department of Transportation Federal Highway number must be provided: D.O.T.# Please indicate the number in the space provided. 2. Provide copies of all current annual inspections' reports, for all buses used to transport Broward County Public Schools students. 3. Provide a list of Buses with VIN number, including brand and model. 4. Provide a list of Bus Drivers with License numbers. 5. Provide three commercial references, including the contact persons at each location by name, position and phone number, who have used the proposer for charter bus services for field trips, education tours, grad night, and grad bash. 2. COMMUNICATION — All Interstate Commerce Commission carrier buses must be able to communicate with other buses if traveling (in group) and the main office at all times by means of mobile radio, portable radio and/or cellular telephone. The price for this communication coverage should be included with the cost of each trip being bid. If the primary vendor on any item does not have the total number of buses required for a trip, the school or department may contact other vendor(s) on award that has the total number of buses and can insure communication between all of the buses I the trip. 3. EQUIPMENT: All buses, regardless of size or number of passengers that can be transported, must be 2000 models or newer. Older models are not acceptable. For in county, out of county, and out of state trips. Airconditioned buses with restrooms are required. Additionally, all buses must be equipped with TV and VCR or DVD for out of county and out of State trips, with no exception. All equipment must be properly serviced, maintained, and clean. All chartered buses used shall be properly licensed and shall be regulated by and meet safety standards of the Federal Motor Carrier Safety Administration and Florid Public Service Commission (FMCSA) CHARTER SCHOOLS: Services awarded under this contract shall be made available to Charter Schools approved by the SBBC. The SBBC is not responsible or liable for purchases that may be made by Charter Schools. 4. SCHOOL BUSES: School buses SHALL NOT be considered in the award of this contract. 5. PERFORMANCE: Vendors failing to perform as required by this Contract, including no-show, partial or total, ma be considered in default and the award terminated by the School Board. 6. VENDOR REQUIREMENTS: All awarded vendors providing services as ICC carriers must be in full compliance with federal and state guidelines. Vendors must have available upon request the following: a. Copies of all current annual inspection reports, for all buses used to transport School Board of Broward County students. b. Current medical and drug test verification for all approved drivers. c. Monthly inspection reports on each bus which provides transportation. In addition, the facility repair records, bus records, buses and driver's information including the driver's evaluation criteria must be available upon request during site visits. Site visits will be random and will be scheduled by a representative of the School Board off Broward County, to determine whether bid requirements are being adhered to. All operational procedures and buses must meet all State and Federal Motor Carrier Laws and be registered as a regulated common ICC carrier. The District reserves the right to request documentation for proof of compliance to applicable laws. d. The vendor's Policies and Procedures manual must be available upon request by the School Board of Broward County Purchasing Department. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 11 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida 7. DRIVERS -CHARTERED: Bid No. FY23-029-1 Page 12 of 26 a. All drivers for FMCSA carriers must have a current commercial driver license and proof of such must be available upon request by the School Board of Broward County, Florida Purchasing Department. b. There shall be no drivers used to fulfill these contract requirements that have suspended or revoked driver licenses. c. Proof of current Department of Transportation requirements for medical and drug -testing compliance must be available upon request by the School Board of Broward County, Florida. d. Drivers must drive in a careful and prudent manner, exercising at all times the highest degree of care, and observing and complying with all rules of the road and traffic regulations. e. Drivers assigned to the School Board of Broward County receive a background screening in compliance with the Jessica Lunsford Act before the drivers are assigned trips. (See General Condition 54). f. Drivers' failure to wear or do not have an ID will result in cancellation of trips at Awardee's expense. g. Employees shall be required to dress neatly, without vulgar or otherwise offensive apparel, commensurate with the location and types of tasks being performed. h. A non-smoking policy shall be in effect. The District requires that no smoking be permitted on any buses transporting students. i. The vendor shall make sure that every employee on the vendor's work force is provide an identification badge. 8. PROCEDURESISCHEDULING: Schools/departments will contract with the transportation companies approved through the bid process. Schools/department will operate under the following procedures when ordering contracted transportation services. Transportation companies agree to follow the procedures by responding to the bid. a. Transport students on field trips daily and/or on weekends in and out of the county. b. The school/department will prepare an itinerary and email or fax to the vendor. c. The vendor will provide a quote for the cost for each trip to the requesting school/department d. The school/department will, upon acceptance of the quote, either enter a requisition which will be processed by the District Purchasing Department into a purchase order which will dispatched to the vendor or, issue an Internal Account Purchase Order to the vendor. e. Receipt of a purchase order will be binding on the vendor to provide services as stated. The Purchasing Department and school/department reserves the right to adjust the amount of the purchase order for services not rendered. f. The vendor will accept cancellations made by the school/department up to five (5) business days prior to the date of trip with no penalty to the school/department. Thereafter, if the school/department cancels bus transportation less than five business days before the date of the trip, the school/department will forfeit 15% of the total cost of the trip. • Awarded vendors will not charge a processing fee for the issuance of any refunds. • In the event the awarded vendor is required to provide a school, department, or employee a refund for a canceled trip, it agrees that it will not offer a credit for future services as a substitute for a refund. Awarded vendor agrees to provide the school, department, or employee a refund in the same form of payment as the original payment made to the vendor. • Awarded vendor agrees that it will not delete or add any terms or conditions in individual agreements with a school, department, or employee that conflict with the terms of the General Conditions and Special Conditions. In the event of any conflict or ambiguity between the terms of the General Conditions and Special Conditions with an individual agreement with a school, department, or employee, the awarded vendor agrees that the General Conditions an Special Conditions shall control. PRICE PROPOSAL: Price offered by the Bidder(s) shall include, but not limited to, all equipment, drivers, services, insurance, fuel charges, transfer rates, tolls, parking fees and any other expenses required to fulfill the requirements of each trip or route. Pricing submitted shall be a single cost per item Multiple pricing shall disqualify bid item. SBBC will not pay any additional cost(s) above Awardee's bid price except for (OVERNIGHT NIGHT STAY ONLY -driver's lodging, meals and gratuity) and any other expenses required to fulfill the required of each trip. Awardee(s) shall be compensated at the applicable contracted price(s), as indicated on the BID COST SUMMARY SHEET(Attached as a separate spreadsheet) BID SUMMARY (PRICING) SHEET: Complete the attached Excel spreadsheet "Bid Summary Sheet" electronically. If a correction is needed to the Excel spreadsheet, contact the Purchasing Agent as soon as possible. Do not try to re-create or alter the spreadsheet. No handwritten summary sheets will be accepted. The Excel Spreadsheet contains Two (2) tabs. The Excel spreadsheet indicates the specific cell that will be used for award purposes. The following is a list of the tabs contained in the Excel spreadsheet and screenshots: TAB 1 - COMPANY REPRESENTATIVE: Supply requested information in the included "Bid Summary Sheet" with the contact information. TAB 2 — PRICING Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 12 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 13 of 26 SECTION 6 - ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE (EDDC) SUPPLIER DIVERSITY OUTREACH PROGRAM (SDOP) AFFIRMATIVE PROCUREMENT INITIATIES (API) ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE DEPARTMENT (EDDC): SBBC has implemented a Supplier Diversity Outreach Program (SDOP) as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 3330, and the results of the 2023 Disparity Study conducted by Keen Independent Research (KIR). The provisions of the Policy shall apply to all competitive solicitations for Construction, Architectural & Engineering, Professional Services, Goods and Other Services, and any resulting contract documents, including change orders and amendments. For information on E/S/V/M/WBE Certification, contact The Economic Development and Diversity Compliance Department at 754-321-0770 or visit www.browardschools.com/eddc. Nondiscrimination: Each Proposer/Bidder hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the Proposer/Bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers and has not engaged in "discrimination" as defined in School Board Policy 3330 — Supplier Diversity Outreach Program, Section D.1.; to wit: discrimination in the solicitation, selection, or commercial treatment of any subcontractor, vendor, supplier, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation for responses to this Bid, it is understood and agreed that if this certification is false, such false certification will constitute grounds for SBBC to reject the response submitted by the Proposer/Bidder on this solicitation and terminate any contract awarded based on the response as a condition of submitting a response to SBBC, the Proposer/Bidder agrees to comply with SBBC's Commercial Nondiscrimination Policy as described under its School Board Policy 3330. Industry —Specific Remedial Affirmative Procurement Initiative (API): Goal Setting Committee (GSC) has assigned the following API: For contracts related to the purchase of Goods, the Bidder Pricing Preference applies: THIS WILL BE PROVIDED AFTER THE GSC HAS APPROVED THE API. Documentation and Certification: All bidder/proposer(s) must submit Document 00471 (see Attachment A) at the time of submission. All Prime bidder/proposer(s) committing to E/SN/M/WBE participation must also include Doc. 00475 and 00470 along with a copy of the subcontractor/subconsultant(s) EDDC Certificate. To access the list of current E/SN/M/WBE certified firms and information on how to become certified, visit https://www.browardschools.com/sdop. Reporting Requirements: MANDATORY - Post -Award Monthly Compliance Monitoring/Reporting Requirements: Proposals that result in contracts being awarded must fully participate and comply with the EDDC Program Requirements. If awarded, ALL awardees shall log into the SDOP Management System powered by B2Gnow. Prime vendors must report all revenue and payment sources generated from the contract, and all payments made to E/S/V/M/WBE subcontractors must be reported by the 10th of every month. NOTE: In addition, any changes to the utilization and/or subcontracting plan, as well as any substitutions, deletions, and/or terminations, must be approved in advance and in writing by the EDDC Department. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 13 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 14 of 26 SECTION 7 - MINIMUM INSURANCE REQUIREMENTS Insurance Requirements. The Awardee shall comply with the following insurance requirements throughout the term of this Agreement. 1. General Liability. Limits not less than $1,000,000 per occurrence for Bodily Injury/ Property Damage; $1,000,000 General Aggregate. Limits not less than $1,000,000 for Products/Completed Operations Aggregate. 2. Professional Liability/Errors & Omissions. Awardee shall maintain Professional Liability/Errors & Omissions insurance during the term of this Agreement with a limit of not less than $1,000,000 per occurrence covering services provided under this Agreement. 3. Workers' Compensation. Florida Statutory limits in accordance with Chapter 440; Employer's Liability limits not less than $100,000/$100,000/$500,000 (each accident/disease-each employee/disease-policy limit). 4. Auto Liability. Owned, Non -Owned and Hired Auto Liability with Bodily Injury and Property Damage limits of not less than $2,000,000 Combined Single Limit. If Awardee does not own any vehicles, hired and non -owned automobile liability coverage in the amount of $2,000,000 shall be accepted. In addition, an affidavit signed by the Awardee must be furnished to SBBC indicating the following: (Awardee Name) does not own any vehicles. In the event the insured acquires any vehicles throughout the term of this agreement, the insured agrees to provide proof of "Any Auto" coverage effective the date of acquisition. 5. Acceptability of Insurance Carriers. The insurance policies shall be issued by companies qualified to do business in the State of Florida. The insurance companies must be rated at least A- VI by AM Best or Aa3 by Moody's Investor Service. 6. Verification of Coverage. Proof of Insurance must be furnished within 15 days of execution of this Agreement. To streamline this process, SBBC has partnered with EXIGIS RiskWorks to collect and verify insurance documentation. All certificates (and any required documents) must be received and approved by SBBC before any work commences to permit Awardee time to remedy any deficiencies. EXIGIS RiskWorks will send an email notification within three (3) business days after receipt of the award letter. i. New vendors will receive an email notification requesting account verification and insurance agent information. ii. Existing vendors will receive an email notification of the current status. 7. Required Conditions. Liability policies must contain the following provisions. In addition, the following wording must be included on the Certificate of Insurance: i. The School Board of Broward County, Florida, its members, officers, employees, and agents are added as additional insured. ii. All liability policies are primary of all other valid and collectible coverage maintained by the School Board of Broward County, Florida. iii. Certificate Holder: The School Board of Broward County, Florida, c/o EXIGIS Risk Management Services, P. 0. Box 4668-ECM, New York, New York 10163-4668 8. Cancellation of Insurance. Awardee is prohibited from providing services under this Agreement with SBBC without the minimum required insurance coverage and must notify SBBC within two business days if required insurance is canceled. 9. Acceptability of Insurance. The School Board of Broward County, Florida, reserves the right to review, reject or accept any required policies of insurance, including limits, coverage's or endorsements, herein throughout the term of this agreement. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 14 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 15 of 26 SECTION 8 - FORMS AND ATTACHMENTS Please fill out all the attachments below. Some attachments must be notarized. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 15 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 16 of 26 ATTACHMENT A — ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE (EDDC) FORMS This form is Mandatory and must be completed and submitted with bid proposal. Document Number 00471 Bidder/Proposer Assurance Statement SOLICITATION #: SOLICITATION TITLE: NOTE TO BIDDERS: All Bidders/Proposers must complete Document 00471 at the time of Bid submission (Attachment A) INSTRUCTIONS: The Bidder/Proposer Assurance Statement must be submitted with ProposaZ/Bid submission. The EDDC Department requires documentation to confirm the Bidder/Proposer is a District Certified Emerging, Small, Veteran, Minority or Women Owned Business Enterprise (E/SN/MMBE). EDDC's E/SN/M/WBE Certificate must be submitted with proposal/Bid submission. COMPANY NAME: NAME OF BIDDER/PROPOSER 1. Is the Bidder/Proposer aware of the Affirmative Procurement Initiative assigned to this solicitation? Ye© PE) 2. Is the Bidder/Proposer a EDDC Certified ESVMWBE Firm: Check Mark Appropriate Box: Y sE ) No 3. Is Bidder/Proposer Committing to Participation in Subcontracting with SBBC Certified E/SN/M/WBE? Check Mark Appropriate Box: Ye© No If YES to Question #3 Please complete and submit Documents 00470 and 00475 - Click on the link below to download EDDC Forms: Link to download Forms: Document 00470 - Statement of Intent to Perform as an S/MN/WBE Subcontractor. https://www.browardschools.com/cms/lib/FLOI 803656/Centricity/domain/l 9315/compliance/00470%20Statement%20of%2 0lntent%202021.pdf Document 00475 - Post -Award Monthly Compliance Monitoring/Reporting Requirements. Click the link below to access the Supplier Management System (SMS) to submit Mandatory monthly reports. Document Link: https:/ibrowardschools.smwbe.com I attest that I have read, understood, and will comply with the EDDC Requirements. Name/Title: Signature: Date: Economic Development & Diversity Compliance Department 7720 West Oakland Park Blvd., Suite 319, Sunrise, FL 33351 • (754) 321-0770 www.BrowardSchools.com/SDOP Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 16 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida Bid No. FY23-029-1 Page 17 of 26 ATTACHMENT A- ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE (EDDC) FORMS (continued) Broward County Public Schools Document Number -�= Economic Development & Diversity Compliance 00470 Attachment A nl Supplier Diversity Outreach Program STATEMENT OF INTENT TO PERFORM AS AN E/S/V/M/WBE SUBCONTRACTOR ' SOLICITATION #:y.l A signed Statement of Intent to Perform as an Emerging/Small/Veteran/ Women Business Enterprise (E/SIVIM/WBE) Subcontractor form must be completed by the owner or authorized principal of each E/S/V/M/WBE firm listed in the ElS/M/WBE Subcontractor Participation Schedule. . STATEMENTO INTER _ . n The undersigned is certified as an E/S/V/M/WBE vendor by The School Board of Broward County, Florida's (SBBC) Supplier Diversity Outreach Program: Yes No (Name of E/S/M/WBE Subcontractor) agrees to perform work on the above contract as a (check one): ❑ Individual Partnership Corporation The E/S/M/WBE subcontractor will enter into a formal agreement with (Name of Bidder/Proposer) conditioned upon the Bidder/Proposer executing a contract with SBBC. DESCRIPTIO 'O�'WORK&V `L$Ean Please provide the details and value of the work to be performed: Item No. Type of Work Agreed Upon Price % of Work 1 $ 2 $ 3 $ TOTAL SUBCONTRACTOR PRICE $ FE/S/1//M/WBE°SUBCONTRACTOR SIGNATURE (Signature) Title E/S/V/M/WBE Subcontractor (Print Name) Date E/S/V/M/WBE Subcontractor Economic Development & Diversity Compliance Department 7720 West Oakland Park Blvd., Suite 319, Sunrise, FL 33351 • (754) 321-0770 www.BrowardSrhools.com/SDOP Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 17 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida Bid No. FY23-029-1 Page 18 of 26 ATTACHMENT A — ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE (EDDC) FORMS (continued) 0� Broward County Public Schools Economic Development & Diversity Compliance DOCUMENT NUMBER 00475 v E7 Supplier Diversity Outreach Program Attachment A EMERGING/SMALL/VETERAN/MINORITY/WOMEN BUSINESS ENTERPRISE SUBCONTRACTOR PARTICIPATION SCHEDULE Contract #: ------- ----------- ---------------- Project Start Date: ----------------- --------- ------ - ---------------------------1----------------------------------------------- I----------------------------------------------------------------------- - Project Name: Project Location: Bidder/Proposer: Address: Contact Person: Email Address: Phone #: Type of $ Amount Business Business Name Business Address Business Work % of work Association Phone # to be Performed Prime Bidder/ $ Proposer Non-E/S/V/M/WBE % $ Subcontractor E/S/V/M/WBE % $ Subcontractor E/S/V/M/WBE / $ Subcontractor E/S/V/M/WBE % $ Subcontractor E/S/V/WWBE % $ Subcontractor TOTAL PARTICIPATION % & DOLLAR AMOUNT: 100000 $ TOTAL CONTRACT AMOUNT: $ The listing of E/S/V/M/WBE(s) shall constitute a representation by the bidder/proposer to the SBBCthat the bidder/proposer believes such E/S/V/M/WBE(s) to be technically and financially qualified and available to perform the work described. Bidders/Proposers are advised that the information contained herein may be verified. I certify that all information contained in this form is true and accurate to the best of my knowledge. Bidder/Proposer Signature Name & Title (Print) Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 18 Date Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 19 of 26 Economic Development & Diversity Compliance Department 7720 West Oakland Park Blvd., Suite 319, Sunrise, FL 33351 • (754) 321-0770 www.BrowardSchools.com/SDOP ATTACHMENT B - CONFLICT OF INTEREST MUST BE COMPLETED BY ALL BIDDERS. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP In accordance with General Condition 11, each Bidder must disclose in its Bid, the names of any employees who are employed by Bidder who are also an employee of SBBC. Persons identified below may have obligations and restrictions applicable to them under Chapter 112, Florida Statutes. Name of Bidder's Employee SBBC Title or Position of Bidder's SBBC Department/ School of Bidder's Employee Employee Check one of the following and sign: ❑ I hereby affirm that there are no known persons employed by Bidder who are also an employee of SBBC. ❑ I hereby affirm that all known persons who are employed by Bidder who are also an employee of SBBC have been identified above. Signature Company Name Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 19 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida ATTACHMENT C - DEBARMENT MUST BE COMPLETED BY ALL BIDDERS CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION LOWER TIER TRANSACTIONS Bid No. FY23-029-1 Page 20 of 26 This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part AI of the May 26,1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by going to this link: http://Www.gpo.gov/fdsys/granule/CFR-2011-title45-vol3/CFR-2011-title45-vol3-secl 183-35 (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature(s) Organization Name Name(s) and Title(s) of Authorized Representative(s) Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 20 Date Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 21 of 26 INSTRUCTIONS FOR CERTIFICATION - SUPPLEMENT FOR ATTACHMENT C 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, must the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non -procurement List (Telephone Number). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 21 Bid Title: Motor Coach Transportation The School Board of Broward County, Florida ATTACHMENT D - BIDDER PREFERENCE See Special Condition 11 LEGAL OPINION OF BIDDER PREFERENCE BE COMPLETED BY ALL Bidder (Firm) Name: Identify the state in which the Bidder has its principal place of business: Bidder's Signature: Bid No. FY23-029-1 Page 22 of 26 INSTRUCTIONS: If your principal place of business is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. IF your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to submit and execute this form with the bid, shall be considered to be non -responsive and bid rejected. OPINION OF OUT-OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for an Out -of -State Bidder) NOTICE: Section 287.084(2), Florida Statutes, provides that "a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts." See also: Section 287.084(1), Florida Statutes. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One) ❑ The Bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. ❑ The Bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One) ❑ The Bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision. ❑ The Bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision rg ant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: Signature of out-of-state Bidder's attorney: _ Printed name of out-of-state Bidder's attorney: Address out-of-state Bidder's attorney: Telephone number out-of-state Bidder's attorney: E-Mail address out-of-state Bidder's attorney: Attorney's state(s) of bar admission: Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 22 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 23 of 26 ATTACHMENT E - DRUG FREE WORK PLACE SWORN STATEMENT PURSUANT TO SECTION 287.087, FLORIDA STATUTES, AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO BUSINESSES WITH DRUG -FREE WORKPLACE PROGRAMS. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to The School Board of Broward County, Florida, by (Print individual's name and title) (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: I certify that I have established a drug -free workplace program and have complied with the following: 1. Published 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 shall be taken against employees for violations of such prohibition. 2. Informed employees about the dangers of drug abuse in the workplace, the business' 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. Given 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), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee shall abide by the terms of the statement and shall 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 days after such conviction. 5. Shall 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, any employee who is so convicted. 6. 1 am making a good faith effort to continue to maintain a drug -free workplace through implementation of this section. (Signature) Sworn to and subscribed before me this day of 20. Personally known ❑ or Produced Identification ❑ Notary Public State of: (Type of Identification) My commission expires: (Printed name of notary public) (seal/stamp above) (Notary Public Signature) Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 23 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 24 of 26 ATTACHMENT F - WORKERS' COMPENSATION AFFIDAVIT THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA WORKERS' COMPENSATION AFFIDAVIT CERTIFICATION OF NUMBER OF EMPLOYEES (Bidder Name) hereby certifies and affirms that the entity named herein has less than four (4) employees nor uses any subcontractor(s) with four (4) or more employees and will not have four (4) or more employees during the term of this agreement. I further certify that, if during the period covered by this affidavit the entity named herein becomes an employer with four (4) or more employees or uses subcontractor(s) with four (4) or more employees, a Certificate of Insurance shall be provided to The School Board of Broward County, Florida, within five (5) business days. With respect to the construction industry, all employment in which one or more employees are employed shall provide evidence of Workers' Compensation coverage. Signed: Print/Type Name: Title: Sworn to and subscribed before me this day of , Notary Public Signed: Notary Public Print: Notary Stamp Below: Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 24 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 25 of 26 ATTACHMENT G - AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES MUST BE COMPLETED BY ALL PROPOSERS Respondent Vendor Name: Vendor FEINT: Vendor's Authorized Representative Name and Title: Vendor Address: City: State: ZIP Code: Phone Number: Email Address: Section 787.06 Florida Statutes requires all nongovernmental entities executing renewing or extending a contract with a governmental entity to provide an affidavit signed by and officer or representative of the nongovernmental entity under penalty of perjury that the nongovernmental entity does not use coercion for labor on services as defined I that statute. The School Board of Broward County, Florida is a governmental entity for purposes of this statute. As the person authorized to sign on behalf of Respondent, I certify that the company identified does not: • Use or threaten to use physical force against any person; • Restrain, isolate, or confine or threaten to restrain, isolate, or confine or threaten to restrain, isolate or confine any person without lawful authority and against her or his will, • Use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and define, • Destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport, visa, or other immigration documents, or any other actual or purported government identification document, of any person. • Cause or threaten to cause financial harm to any person, • Entice or lure any person by fraud or deceit, or • Provide a controlled substance as outlined in Schedule 1 or Schedule 11 of s. 893.03 to any person for the purpose of exploitation of that person. Under penalties of periury, I declare that I have read the foregoinq affidavit regarding the use of coercion for labor and services and that the facts stated in it are true. Electronic or Handwritten Signature: Print/Type Name: Title Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 25 Bid Title: Motor Coach Transportation Bid No. FY23-029-1 The School Board of Broward County, Florida Page 26 of 26 SECTION 9 - STATEMENT OF "NO BID" If your company shall not be submitting a bid in response to this Invitation to Bid, please complete this Statement of "No Bid" Sheet and return, before the Bid Due Date established within, to: The School Board of Broward County, Florida Procurement & Warehousing Services 7720 West Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351 This information shall help SBBC in the preparation of future Bids. Company Name: Contact: Contact's Email: Telephone: Reasons for "NO Bid": Unable to comply with product or service specifications. Unable to comply with scope of work. Unable to quote on all items in the group. Insufficient time to respond to the Invitation to Bid. Unable to hold prices firm through the term of the contract period. Our schedule would not permit us to perform. Unable to meet delivery requirements. Unable to meet bond requirements. Unable to meet insurance requirements. Other (Specify below) Comments: Signature: Date: END OF ITB Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 26 City ofSunify Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B ACAUFMY SUS, LLC I I y°NNr'St f '`I ' ' CONTRACTOR ANTI -BOYCOTT CERTIFICATION ��s� I4at\O (PURSUANT To FLORIDA STATUTE § 287.1351 I, /- , ;70 1 • u o , on behalf of ,A' C4J,64 J316. Print Name Company Name certifies that 440ostt_& .�1� does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and ` 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Title Date City ofSim ny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C ACADEMY BUS, LLC 14 Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of Its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll In E-Verify, employers should visit the E-Verify website (htt s: www.e-veri oy em to ers enrollin -in-a-verif ) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. 26-`- as�3�' Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this A0 day of PI?XiL 2026. By it 0fto's- / 4Mof �. Is personally known to me ❑ Has produced identification (type of identification produced: id* 81 *m. 0 or Stamp of Notary Public Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D ACADEMY BUS, LLC 15 Affidavit of Compliance with Anti -Human Traffickina Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Ft 33160 Telephone: (305t 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes Human Trafficking). 2. The undersigned is authorized to execute this affidavit on beha of Entity. Date: /24dri. t .7 12024 Signed: Entity: d4aN0c:1v[Y 3vf, , 11 C Name: Q—I* w o 7-• Z o,% Title: f/Ac.r Jar`fxavur STATE OF ZIC.W ZI 0' COUNTY OF 1 3S'60 The foregoing instrument was acknowledged before me, by means of physical presence or O online notarization, this day of 9P12rZ 20;6, by ,QWfo,�tc. T A �S� as t4rc P4�wJ�+� i for i4CI44>64fY 94C. LIC , who is personally known to me or who has produced as identification. Notary Public Signature: a State of Florida Print Name: My commission expires: E,CNNA SISK SLAKE nm'soo`�mi dm 10►da►1000 cfrr QF sv�+ Ada City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Colin Summers, Director of Cultural & Community Services DATE: April 16, 2026 RE: Approval to Award an Agreement with to Academy Bus, LLC. RECOMMENDATION: Staff presents this item for Commission approval. REASONS: The City's existing Academy Bus contract, awarded via an Invitation to Bid expires May 23, 2026, with no remaining renewals. While a draft ITB has been finalized, given the recent volatility and increase in fuel prices, staff believes it is in the City's best interest at this time to piggyback on existing rates rather than proceed with issuing a competitive bid, as diesel prices are unpredictable. Broward County Public Schools (BCPS) awarded contract # FY23-029 titled: Motor Coach Transportation Services to various Contractors, including Academy Bus LLC. The City is seeking to piggyback this existing contract for a one-year term, effective May 24, 2026, for a total NTE amount of $137,850. Please note, Academy Bus is used for various transportation services including Summer Camp Trips, Teen Trips, Winter Camp, Spring Break and Cultural Event trips. ADDITIONAL INFORMATION: Item Number: 9.M 478 If the piggyback is approved, the hourly rate would increase from $123 to $150. Based on market research for transportation and diesel -related services, staff believes the proposed rate remains highly competitive compared to issuing a new transportation bid in April 2026, prior to the contract's expiration in May 2026. Inmost cases, this expense is recuperated by the cost of the program paid by participants. A complete copy of the contract file, including all exhibits and attachments, is on file with the Office of the City Clerk and is available upon request. FUNDING SOURCE: Funds have been appropriated in account no. 001-6-5720-431000-608XX. ATTACHMENTS: Resolution Agreement - Academy Bus Item Number: 9.M 479