Speech-Language Pathologist for Private Schools

FOURTH AMENDMENT (TO FIRST RENEWAL 2019-2024) TO THE AGREEMENT FOR TRANSPORTATION OF STUDENTS BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND STUDENT TRANSPORTATION OF AMERICA, INC. This Fourth Amendment to the Agreement for Transportation of Students (the "Amendment"), is made and entered into dated October 10, 2022, and effective August 1, 2022, and is by and between The School Board of Duval County, Florida, operating a district school system in the State of Florida (the "District"), and Student Transportation of America, Inc., a Delaware corporation authorized to transact business in Florida (the "Contractor"). Whereas, the Contractor has not been able to hire enough school bus drivers and monitors to cover all routes required per this contract. As result, the contractor acknowledges that they cannot meet the minimum mileage requirements in the contract due to their lack of available drivers and monitors. Whereas, the District acknowledges that COVID-19 fears and concerns

amongst the workforce has had an impact on the availability of school bus drivers and monitors. As a result, the District acknowledges that extra measures need to be taken by the Contractor to recruit and retain school bus drivers and monitors to obtain successful coverage of the school bus routes on this contract. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and incorporated herein by this reference. 2. Background. This Amendment pertains to the Agreement for the Transportation of Students for Geographic Service Area (GSA) 1 (Fletcher/Sandalwood) dated effective February 5, 2014 , together with the related RFQ/ITB-023-14/DB (the RFQ/ITB), issued November 8, 2013 between the District and Contractor) as well as the First Renewal effective September 12, 2018 and the First Amendment (to the First Renewal 2019-24) issued May 19, 2020 (known as the COVID Amendment) and the Second Amendment (to the First Renewal) issued December 7, 2021 and the Third Amendment (known as the Van Amendment) issued May 3, 2022, 3. Effective Date. The effective date of this Amendment is August 1, 2022. 4. Definitions. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 5. Term. The District and Contractor have agreed to amend the scope of services and compensation paid and performance guarantees assessed for this Agreement during the 2022-2023 contract year, which in no event will the amendment set forth herein extend beyond July 31, 2023, marking the conclusion of the current contact year (ending July 31st, 2023). 6. Recruiting and Retention Plan. The Contractor agrees to implement during the 2022-23 contract year a comprehensive recruiting and retention plan until the Contractor _t obtains sufficient employees to cover route and a minimum twelve percent (12%) pool (bench) of certified back-up school bus drivers and school bus monitors. The recruiting and retention plan shall include retention bonuses, recruitment bonuses, and advertising per dollar amounts provided via Attachment A. Costs shown are combined to support all of the contractor's GSA contracts within our District. Contractor costs that, are combined with costs from other non-DCPS Contractor costs shall not be eligible for consideration under this provision. Contractor's implementation of the recruiting and retention plan will be considered fulfilled by the District and no additional expenditures, via Attachment A, will be required at the time Contractor obtains sufficient employees to cover the route and a minimum twelve percent (12%) pool (bench) of certified back-up school bus drivers and school bus monitors. For the avoidance of doubt, in no event will expenditures of Attachment A funds be required beyond the current contract year ending on July 31, 2023. Our District acknowledges that driver salary increases above and beyond funding provided by 2022-23 CPI cost increase serve as additional consideration to the benefit of our district to promote recruiting and retention. 7. Performance Guarantee Waiver. The District agrees to waive performance guarantees as set forth in Section 3.1.11.9 of the RFQ/ITB for violations of Section 3.0.1 O (Back-up Personnel), Section 3.0.9.2 G (Personnel) and Exhibit B, Section C, Administrative Number 14. Failure to provide personnel contractually required for the current contract year ending on July 31, 2023. The District shall continue to assess all other performance guarantees available under the current contract should current performance continue to remain non-compliant and/or unacceptable with contract requirements despite the Contractor's best efforts with their recruitment and retention plan. 8. Recruitment and Retention Plan Performance. Contractor agrees to provide evidence of good faith execution of the recruitment and retention plan and supportive financial information to enable the District (including District auditors) to verify their costs. With each invoice submitted by Contractor, Contractor affirms that it has expended funds in recruitment and retention efforts in the execution of their recruitment and retention plan and will provide written, verifiable raw receipts with each invoice payment to enable the District to document the amount of recruitment and retention plan expenditures. These documents will be submitted until such time as the dollar amount required per this amendment is reached. The Contractor's failure to reach the required recruitment and retention cost amount (i.e., a shortfall) specified within this Amendment within this current 2022-23 contract year will allow the District to deduct that same, specific shortfall of cost from the contractor's invoice on or before the final contractor's invoice for this contract year. This amount of shortfall will be determined based upon written proof provided by the Contractor and accepted by the District to verify Contractor costs incurred. 9. Federal Funds. The District uses federal funds for portions of its payment pursuant to the Agreement; accordingly, Contractor shall execute and deliver to the District, concurrent with its signature of the Agreement the following in composite Exhibit 6, all of which shall be incorporated into the Agreement by this reference as: (a) Federal Regulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace Requirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion; and (d) Non-Collusion Affidavit. 1 O No Effect on Future Arrangements. Except as specifically set forth herein, no provision of this Amendment related to the 2022-2023 school year shall be construed so 2 as to set a precedent, negate, modify or affect in any way the provisions of any future agreement or arrangement between the Parties for any subsequent periods. 11. Authority. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. 12. Miscellaneous. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 13. Counterpart and Facsimile Signatures. This Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [Signature on Following Page] 3 [Signature Page to Second Amendment to Agreement for Transportation of Students between The School Board of Duval County, Florida, and Student Transportation of America, Inc. For GSA 1 (Fletcher/Sandalwood)] IN WITNESS WHEREOF, the District and the Contractor have each caused this Amendment to be signed and delivered by its duly authorized officer, all as of the effective date set forth above. . Di nc:i Greene, Superintendent of Schools and Ex-Officio Secretary to the Board SCHOOL BOARD OF DUVAL COUNTY, FLORIDA Approved by the Board on October 10, 2021 4 EXHIBIT A • COMPOSITE FEDERAL FORMS FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (DCPS) and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. 1. The Contractor agrees to allow reasonable access by DCPS, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is equal opportunity and affirmative action employer and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow DCPS to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to DCPS a federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to DCPS a non-collusion affidavit. 7. The Contractor agrees to properly complete and submit to DCPS a federal drug free workplace certification form. 8. The Contractor agrees the DCPS may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the DCPS may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. CONTRACTOR: Student Transportation of America, Inc., a Delaware corporation authorized to transact business in Florida 1 PRINT NAME OF AUTHORIZED REPRESENTATIVE:W !> 6-.t,"j~ 'Jr SIGNATURE OF AUTt-tORIZED REPRESENTATIVE: ---t~N,1«5,_.-tJ,/J...L'f'~rft------ TITLE: vr 0r:t,M-ti bt\S - 1'17 5 DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 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 will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) 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 will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Imposed a sanction on or required 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) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. NAME/ Name of Company: Student Transportation of America, Inc., a Delaware corporation authorized to transact business in Florida 6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor (or subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation,of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this Certification. CON~ATURE 1)-.( ~, ~ G~H I\! ~ 'Jr ,~ -Ii nu NAME/TITLE of AUT Name of Company: Student Transportation of America, Inc., a Delaware corporation authorized to transact business in Florida 7 INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary offer" as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. 8· NON-COLLUSION AFFIDAVIT State of FLORIDA County of DUVAL I state that I am the -tr-~-h "'J of Student Transportation of America, Inc., a Delaware corporation auth rized to transact business in Florida, and I am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. I am the person responsible in my firm for the price(s ), guarantees and the total financial commitment represented in the firm's offer. I hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) Student Transportation of America, Inc., its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: I attest that Student Transportation of America, Inc., a Delaware corporation authorized to transact business in Florida, understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. (Sign~ 9 ATTACHMENT A Student Transportation of America Recruitment and Retention Plan 2022-23 Spending Category School Year 2022-23 - Advertising Expense $201,880.00 - Return-to-Work Bonus $435,000.00 - Retention Incentives $133,190.00 - Sign-On Bonuses, Drivers (with COL) $3,000.00 per new employee Sign-On Bonuses, Drivers (w/o CDL) $1,000.00 per new employee - Sign-On Bonuses, Monitors $500.00 per new employee 10 October 10, 2022, Regular Board Meeting Title 18. STUDENT TRANSPORTATION SERVICES, GSA CONTRACT AMENDMENTS Recommendation That the Duval County School Board approve Amendments to the contracts for Student Transportation Services – GSA 1, 12, 4 and GSA 5 - Contract Amendments. That the Duval County School Board authorize the Chairman, or Vice Chairman, and the Superintendent to execute the Amendments upon form approval by the Office of General Counsel. Description The Student Transportation Services - Geographic Support Area (GSA) Contracts were directly impacted by the COVID 19 pandemic. Fear of virus consequences has created a significant shortfall in the supply of available and willing commercially licensed drivers and monitors. This contract amendment details the actions needed to direct resources to maximize the contractor's driver/monitor labor force while also removing the minimum mileage guarantee unlikely to be met as routes are consolidated to maximize driver availability. Specifically, the contract amendment incorporates the contractor’s recruitment/retention and/or pay raise plan making the plan binding up to a specific dollar amount. The amendment will also provide relief from staffing shortfall performance guarantee payments that will equal, as much as possible, to the additional spending required for the retention/recruitment and/or pay raise plan. All other performance guarantees will remain in force and be assessed including penalties for lateness and lack of performance. The contract amendment will also remove the minimum mileage requirements from GSA 4 and 5 so that our district does not have to pay for miles not driven due to route consolidation to maximize drivers. Gap Analysis The Contractor is confronting a shortfall in school bus drivers and monitors. Our district requires the removal of minimum mileage requirements from the contracts. This amendment addresses those concerns in a combined district/contractor effort. Previous Outcomes Similar transportation contract amendments were approved last year and resulted in increased driver availability and a cost avoidance of $1.1 M in minimum mileage payments. Expected Outcomes Successful implementation of this amendment if approved. Strategic Plan Goals and Principles DCPS will provide a culture and climate that improves academic, social, and emotional development. Financial Impact This amendment has an estimated cost avoidance of approximately $1.2 M due to the removal of minimum mileage cost payments under STA’s GSA 4 and 5 contracts for this 2022/23 School Year Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments 1. GSA 1 Amendment - Oct 2022 2. GSA 4 Amendment - MMG - Oct 2022 3. GSA 5 Amendment - MMG - Oct 2022 4. GSA 12 Amendment - Oct 2022 Page 1 of 2 DUVAL COUNTY PUBLIC SCHOOLS PURCHASING SERVICES Consolidated Service Center 4880 Bulls Bay Highway Jacksonville, FL 32219 PH (904) 858-4848 FAX (904) 858-4868 November 20, 2013 Request For Qualifications/Invitation To Bid (RFQ/ITB) STUDENT TRANSPORTATION SERVICES GSA 1 RFQ/ITB No. 023-14/DB ADDENDUM NO. 2 This addendum shall serve to amend, replace and append information provided to potential respondents in the original RFQ/ITB package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Respondents are requested to acknowledge receipt of this addendum as a part of their response. QUESTIONS/REQUESTS FOR CLARIFICATION PRESENTED PRIOT TO THE Q/A DEADLINE No additional questions or requests for information have been received. ADDITIONS/DELETIONS/MODIFICATIONS The time schedule for this solicitation shall be modified by this Addendum. The revised schedule for completion of the process with the intended result of selection of a contracted service provider is as follows:  December 9, 2013, 12:00 Noon – Deadline for receipt of responses to the RFQ and the ITB. Opening of RFQ responses (ITB responses to remain sealed at this time)  December 12, 2013, by 2:00 p.m. – Notification to qualified and non-qualified RESPONDENTS (Notification shall be affected by email and manual posting at the DISTRICT office at Bulls Bay.) Page 2 of 2  December 16, 2013, by 12:00 noon - Deadline for submission of bid security  December 16, 2013, 1:00 p.m. - Opening of ITB responses from qualified firms  February 4, 2014 - Anticipated date of award by School Board  August 1, 2014 - Anticipated effective date of contract  August, 2014 - Service begins Page 1 of 2 DUVAL COUNTY PUBLIC SCHOOLS PURCHASING SERVICES Consolidated Service Center 4880 Bulls Bay Highway Jacksonville, FL 32219 PH (904) 858-4848 FAX (904) 858-4868 November 19, 2013 Request For Qualifications/Invitation To Bid (RFQ/ITB) STUDENT TRANSPORTATION SERVICES GSA 1 RFQ/ITB No. 023-14/DB ADDENDUM NO. 1 This addendum shall serve to amend, replace and append information provided to potential respondents in the original RFQ/ITB package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Respondents are requested to acknowledge receipt of this addendum as a part of their response. QUESTIONS/REQUESTS FOR CLARIFICATION PRESENTED PRIOT TO THE Q/A DEADLINE 1) Question: The Change Summary Page states, “PENDING” for Section 3.1.14.1. Will the language be changed? Response: Please refer to ADDITIONS, DELETIONS AND MODIFICATIONS below. 2) Question: Could the District provide all attachments to potential respondents as Word documents? Response: It is the practice of the District to only provide .pdf versions of documents that are to be returned by bidders as a part of their response. This is done to prevent any inadvertent alteration to the documents by respondents. Page 2 of 2 ADDITIONS/DELETIONS/MODIFICATIONS Section 3.1.13.3 (C.) Replace this Section with the following... C. The CONTRACTOR shall discuss with the Director of Transportation or designee, the projected needs for regular or special needs buses prior to purchasing for, or assigning to a school bus route, to ensure the proper equipment is entered into the fleet. Section 3.1.14 BUS REPLACEMENT This Section shall be deleted in its’ entirety... 3.1.14.1 The CONTRACTOR shall replace any bus assigned to a route when the age limit is reached. See section 3.1.13.5 A. The replacement bus shall be a new bus, or a used bus that is less than seven (7) years of age with less than 125,000 miles on the odometer. The Director of Transportation retains the right to approve all used buses prior to CONTRACTOR entering the used bus into its fleet. 3.1.14.2 The CONTRACTOR shall discuss with the Director of Transportation or his designee, the projected needs for regular or special needs buses prior to purchasing for, or assigning to a school bus route, to ensure the proper equipment is entered into the fleet. Please replace the original Exhibit G with the accompanying Replacement Exhibit G. There are discrepancies on the Cover Page of the RFQ, as well as Section 1.14 page 11 and Section 1.14 page 12, regarding the date and time deadline for submittal of responses. All participants are advised the deadline for submittal of responses to the RFQ and ITB is 12:00 NOON ON NOVEMBER 26 TH , 2013. INVITATION TO BID www.duvalschools.org/purchasing November 8, 2013 Buyer: Donna Blizzard Phone: 904-858-4859 Bid Number: RFQ/ITB–023–14/DB Bid Title: STUDENT TRANSPORTATION SERVICES – GSA 1 Services Term: August 1, 2014 through the day before the first day of the fall semester, 2019 with renewal options. Opening: December 4, 2013 at 1:00 p.m. Bids received prior to the deadline date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Submit Bid To: DCPS Purchasing Services / 4880 Bulls Bay Highway / Jacksonville FL 32219-3235 Special Requirements: All bids may be accompanied by a bid bond or Irrevocable Standby Letter of Credit in the amount of $200,000.00. See Section 3.0.8, “BONDS/IRREVOCABLE STANDBY LETTERS OF CREDIT” of the Request For Qualifications. BIDDER ACKNOWLEDGEMENT This form must be completed, returned, and include an original manual signature for bid to be considered. By signing below, I attest that I have acquainted myself with the general conditions, special conditions and specifications of this bid, and agree to comply with them all; in addition, I certify that I am authorized to obligate on behalf of the bidder. Bid documents shall be submitted in a sealed envelope clearly marked with this bid number, opening date and time. Legal Name of Bidder: Mailing Address: City, State, Zip Code: Telephone: Toll Free: Fax: Email Address: Internet URL: Federal ID # or SS #: Duns #: If you are a certified minority, state certifying agency: Payments will be made in accordance with Florida Statute 218. Form of Payment accepted: Credit Card (see Section 3.1.11.3.K of the RFQ) Initial Addenda through received. (if applicable) Original Manual Signature of Authorized Representative: Printed/Typed Name of Authorized Representative: Title: Date: http://www.duvalschools.org/purchasing GENERAL CONDITIONS 1. RESERVATIONS: Duval County Public Schools reserves the right to reject any or all bids or any part thereof and/or waive informalities if such action is deemed in the best interest of Duval County Public Schools. Duval County Public Schools reserves the right to cancel any contract, if in its opinion, there be a failure at any time to perform adequately the stipulations of this invitation to bid, and general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to willfully impose upon Duval County Public Schools services, products or workmanship which is, in the opinion of Duval County Public Schools, of an unacceptable quality. Any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claim of Duval County Public Schools to damages for the breach of any covenants of the contract by the contractor. Duval County Public Schools also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing services similar in nature to those services mentioned in this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract, Duval County Public Schools reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bond is required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, Duval County Public Schools reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of Duval County Public Schools thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE/SHE SHOULD CONTACT THE BUYER IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS/HER BID. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted under the terms and intent of this bid. 2. QUOTATIONS: No bidder will be allowed to offer more than one price on each item. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM, ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF PURCHASING. 3. TAXES: Duval County Public Schools is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No. 85- 8013988912C-0. 4. PERFORMANCE BOND/IRREVOCABLE STANDBY LETTER OF CREDIT: The successful bidder on this bid must furnish a performance bond or irrevocable standby letter of credit if indicated in this bid or the accompanying RFQ, made out to the School Board of Duval County, Florida, prepared on an approved form, as security for the faithful performance of his/her contract no later than ten (10) days prior to the commencement date of the contract to the Director, Purchasing Services. The surety thereon must be such surety company or bank as are authorized and licensed to transact business in the State of Florida. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. The successful bidder upon failure or refusal to furnish within ten days after his/her notification the required performance bond or irrevocable standby letter of credit, shall pay to The School Board of Duval County, Florida, as liquidated damages for each failure or refusal an amount in cash equal to the security deposited with his/her bid. 5. DISCOUNTS: all discounts to be included in bid price. 6. COLLUSION: the bidder, by affixing his/her signature to this proposal, agrees to the following: bidder certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items; and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 7. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidder’s own risk and he/she cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error in extension of prices in the bid, the unit price shall govern. 8. ORIGINAL BIDS: All original bid responses are to be submitted in typewritten form or submitted in ink. Responses received in pencil will not be accepted. Respondents shall submit one manually signed original (see Section 1.14 of the RFQ). Bid No. RFQ/ITB–023-14/DB CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no official or employee of Duval County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company. ________________________________ ________________________________ Signature Company Name ________________________________ ________________________________ Name of Official (Type or print) Business Address ________________________________ City, State, Zip Code SECTION II I hereby certify that the following named Duval County Public Schools official(s) and employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida, prior to bid opening. Name Title or Position Date of Filing ___________________________ ______________________ ___________________ ___________________________ ______________________ ___________________ _________________________________ ________________________________ Signature Company Name _________________________________ ________________________________ Print Name of Certifying Official Business Address ________________________________ City, State, Zip Code SUBMISSION OF BIDS Bids must be submitted prior to the time set for opening. Bids are to be delivered to Duval County Public Schools, Purchasing Services, 4880 Bulls Bay Highway, Jacksonville, Florida 32219. Bidders are fully responsible for delivery of bids. Reliance upon mail or public carrier is at the bidder’s risk. Late bids are not considered and will be returned unopened. Official time, for the purpose of bid opening, will be calibrated using the time/temperature information found at www.timeanddate.com/worldclock/city.html?n=411 . ********* NOTE ********* Bid documents shall be submitted in a sealed envelope clearly marked with the bid number as found on the Bidder Acknowledgement page, opening date and time. Failure to do so will result in your bid being returned unopened. Faxed or e-mailed bids will not be accepted. BID OPENING PROCEDURES Bids will be opened publicly in the Conference Room at 2:00 p.m. Prices will be read upon the request of bidder(s) in attendance. Arrangements may be made to review bid documents at a later date. AWARD RECOMMENDATION AND BID TABULATION Bid tabulations and recommendation(s) for award will be posted in Purchasing Services on or about October 26, 2013 and will remain posted for 72 consecutive hours. Bid results or award recommendations will not be given by telephone. http://www.timeanddate.com/worldclock/city.html?n=411 DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 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 will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) 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 will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Imposed a sanction on, or required 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) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. _________________________________________ VENDOR’S SIGNATURE/DATE _________________________________________ COMPANY NAME BID NO. RFQ/ITB-023-14/DB STUDENT TRANSPORTATION SERVICES – GSA 1 Opening Date: December 4, 2013 NO-BID FORM If your firm cannot submit a bid at this time, please provide the information requested in the space provided below and return it to (or fax it to 904-858-4868): Duval County Public Schools Purchasing Services 4880 Bulls Bay Highway Jacksonville, Florida 32219 We are unable to submit a bid at this time due to the following reason(s): Name of Firm: Signature and Title: Street Address or P.O. Box: City, State, Zip Code: RETURN THIS FORM ONLY. DO NOT RETURN BID PACKAGE. Bid No. RFQ/ITB-023-14/DB Page 1 of 2 SPECIAL CONDITIONS 1. PURPOSE: Purpose of this bid is to establish a contract for Student Transportation Services for Geographic Service Area (GSA) 1. The initial term of the contract will be from August 1, 2014 through the day prior to the first day of the regular school term, 2019. 2. AWARD: Award will be to the lowest qualified responsive and responsible bidder. In the event of tie bids, ties will be broken as follows in accordance with Purchasing Code 7.70 II. Q. Tie Bids. In the bidding process, when identical prices are received from two or more vendors and all other factors are equal, priority for award shall be given to vendors in the following sequence: 1) cash discounts offered for payments of thirty (30) days or longer; 2) a vendor that is a certified minority vendor by Duval County Public Schools Office of Minority Business Affairs; 3) a vendor that is located in Duval County, Florida; 4) a vendor that is located in the State of Florida; 5) a business that certifies that it has implemented a drug free workplace program in accordance with the provisions of 287.087, Florida Statutes; 6) a coin toss by the Director of Purchasing or designee shall be held at the location where the bids were opened. The tie low bid vendors will be invited to be present as witnesses. 3. QUESTIONS: Any questions and/or request for additional information should be directed to Donna Blizzard in Purchasing Services, via email at blizzard@duvalschools.org placing this bid number (RFQ/ITB-023-14/DB) in the subject header. Deadline for questions shall be 2:00 p.m. ET on November 15, 2013. Questions received after this date will not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda to all parties recorded by Purchasing Services as having received the Bid Documents. No verbal or written information obtained other than by information in this document or by written addendum to this bid will be binding on the District. 4. LINE ITEM BIDS AND CORRECTIONS: All prices submitted on the original Bid Proposal Forms shall be indelible. The use of correction fluid or erasures to correct line item bid prices and/or quantities are not acceptable. Corrections must be by lineout of the incorrect figures, writing in of correct figures, and initialing of the corrections by the originator. Correction fluid or erasure corrected bids will be considered non-responsive for the corrected item(s) only. In the event of a discrepancy between the written price and the numeric price, the written price shall govern. 5. UNITS OF MEASURE: The item unit of measure shall be as indicated on the Bid Proposal Form. Bids received for items that do not conform to the requested unit of measure shall be considered non- responsive. 6. METHOD OF PAYMENT: Payments to vendors may be made via credit card or ACH. If credit card payment is acceptable, initial the designated space(s) on the Bidder Acknowledgement under Form of Payment accepted. By doing so you are authorizing this form of payment on all future invoices whether or not they are related to this solicitation. Payments will be made in accordance with the Local Government Prompt Payment Act, F.S. 218.70. Bid No. RFQ/ITB-023-14/DB Page 2 of 2 7. AVAILABILITY OF FUNDS: The obligations of DCPS under this award are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida. 8. DISQUALIFICATION OF BIDDER: More than one bid/proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is involved in more than one bid/proposal for the same work will be cause for rejection of all bids/proposals in which such bidders are believed to be involved. Any or all bids/proposals will be rejected if there is reason to believe that collusion exists between bidders. Bids/proposals in which the prices obviously are unbalanced will be subject to rejection. 9. CONTINGENT OR ALTERNATE BIDS: Each bidder shall only submit a single offer and shall adhere to the requirements and scope as described in this solicitation. Submittal of an alternate offer or an offer that includes contingencies that must be met by the District in order for the bidding firm to accept a contract will be deemed nonresponsive and will cause the bid to not be eligible for consideration for award. RFQ/ITB-023-14/DB NAME OF BIDDER: ________________________ Page 1 of 1 BID PRICING SHEET FOR GSA 1 (Fletcher/Sandalwood) Prices shall be given to the fourth digit to the right of the decimal point. (i.e - $ #.####) In the event of a discrepancy between numeric price and written price, the written price shall govern. Failure to respond as requested may result in rejection of item(s) as non-responsive. Notwithstanding anything to the contrary in the ITB or RFQ documents, the mileage is an estimate subject to change, and shall not be deemed a guaranty of volume of work available (except for any adjustments set forth in section 3.1.11.6.B of the RFQ). GSA 1 – Fletcher/Sandalwood $____________ ________________________ Price per mile Price per mile (numeric) (written) ____________________________________________________________________________________ PRINTED/TYPED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE/DATE The following documents are to be returned with this response to the Invitation To Bid: Bidder Acknowledgement (page 1 - front page of this document) Price Bidding Sheet (this page) Conflict of Interest Statement Drug Free Workplace Certification GSA 1 Page 1 of 57 DUVAL COUNTY PUBLIC SCHOOLS PURCHASING SERVICES Consolidated Service Center 4880 Bulls Bay Highway Jacksonville, FL 32219 PH (904) 858-4848 FAX (904) 858-4868 November 8, 2013 Request for Qualifications/Invitation To Bid (RFQ/ITB) STUDENT TRANSPORTATION SERVICES GSA 1 RFQ/ITB-023-14/LG PROCEDURAL TIMELINES AND RELEVANT INFORMATION Duval County Public Schools (DCPS) has developed a Request For Qualifications/Invitation To Bid (RFQ/ITB) package for Student Transportation Services and invites your firm to respond. The purpose of this communication is to provide information regarding the RFQ/ITB process. As indicated above, this solicitation is a two-step bidding process. Each respondent is to submit a complete qualification package, and a separate price per mile offer. The offers of all respondents determined to be qualified will be considered. The deadline for submission of responses is 1:00 p.m. (eastern time) on December 4, 2013. All responses must be delivered to: Purchasing Services, 4880 Bulls Bay Highway, Jacksonville, FL 32219. Responses received after the established date and time or at any other location will not be considered. Questions regarding this schedule may be directed to Ms. Donna Blizzard, Purchasing Services at blizzard@duvalschools.org . GSA 1 Page 2 of 57 TABLE OF CONTENTS REQUEST FOR QUALIFICATIONS I. GENERAL INFORMATION 1.0 Introduction 1.1 General Information about the District 1.2 District Objectives 1.3 Definitions 1.4 Fuel 1.5 Award 1.6 Contract Documents: Priority of Documents; Construction of Documents 1.7 Contract Term 1.8 Consumer Price Index 1.9 Equal Opportunity Compliance 1.10 Gratuities and Kickbacks 1.11 Public Records Law 1.12 Public Entity Crimes 1.13 Dispute 1.14 Instructions to Respondents 1.15 Ex Parte Communications 1.16 Agreement II. SUBMITTALS / PRE QUALIFICATION 1. Required Respondent Profile (Attachment A) 2. Minority Business Enterprise Policy and Proposed Schedule of Participation (Attachment B) 3. References / Experience / Service History 4. Financial Information 5. Human Resource Administration 6. Fleet Plan 7. Staff / Safety Training 8. Facility Plan 9. Drug / Alcohol Testing Plan 10. Bid Bond / Irrevocable Letter of Credit III. SCOPE OF SERVICES / CONTRACTOR REQUIREMENTS 3.0 General 3.0.1 Facilities 3.0.2 Standard Operating Procedures (SOP) 3.0.3 Status of Contractor 3.0.4 Legal Awareness and Compliance 3.0.5 Minority Business Enterprise Participation 3.0.6 Permits and Licenses 3.0.7 Records and Reports 3.0.8 Bonds/Irrevocable Standby Letters of Credit 3.0.9 General and Managerial Personnel 3.0.10 Back-Up Personnel 3.0.11 School Bus Monitor Requirement 3.0.12 School Bus Operator / School Bus Monitor Certification 3.0.13 Required Attire 3.0.14 Standard of Conduct 3.0.15 Suspension / Termination / Reassignment of School Bus operators / School Bus Monitors 3.0.16 Personnel Records 3.0.17 Substitutions 3.0.18 Radio Communication GSA 1 Page 3 of 57 3.0.19 Communication with the Public / District 3.1 BUSINESS 3.1.1 Tax Responsibility 3.1.2 Assignment of Contract or Payment; No Third Party Beneficiaries 3.1.3 Contract Extension and Emergency Service 3.1.4 Cancellation of Award / Termination 3.1.5 Default 3.1.6 Severability; Forum; Venue 3.1.7 Insurance Requirements 3.1.8 Indemnification / Hold Harmless Agreement 3.1.9 Attorney’s Fees and Costs 3.1.10 Fuel 3.1.11 Contractor Compensation 3.1.12 Collection of Florida Education Funding Program (FEFP) Data 3.1.13 Bus Fleet Inventory 3.1.14 Bus Replacement 3.1.15 Bus Equipment 3.1.16 Bus Numbering and Lettering 3.1.17 Bus Inspections 3.1.18 Bus Fleet Maintenance 3.1.19 Retiring Buses 3.2 OPERATIONS 3.2.1 Basic Transportation Service 3.2.2 Supplemental Transportation Service 3.2.3 Drug / Alcohol Testing 3.2.4 Eligible Riders 3.2.5 Exceptional Education Routing 3.2.6 Routing - Regular, Magnet and Special Programs 3.2.7 Ridership Notification 3.2.8 Student Management 3.2.9 Safety and Emergencies ATTACHMENTS Attachment A - Respondent Profile Attachment B - Minority Business Enterprise Policy and Proposed Schedule of Participation Attachment C – Fleet Plan EXHIBITS Exhibit A - Supplemental Transportation Service Pricing Exhibit B – Performance Guarantee Exhibit C – Safe Driver Plan Exhibit D – Route Information Exhibit E – Sample Standard Form Agreement Exhibit F – Sample DCPS Performance Bond Exhibit G – Certification Checklist INVITATION TO BID GSA 1 Page 4 of 57 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Consolidated Service Center 4880 Bulls Bay Highway Jacksonville, FL 32219 PH (904) 858-4848 FAX (904) 858-4868 ______________________________________________________________________________________ November 8, 2013 REQUEST FOR QUALIFICATIONS (RFQ) for STUDENT TRANSPORTATION SERVICES – GSA 1 RFQ/ITB-023-14/DB I. GENERAL INFORMATION: 1.0 INTRODUCTION: Duval County Public Schools (DCPS, DCSB, The School Board of Duval County, Florida, or the DISTRICT) is issuing this Request for Qualifications (RFQ) as well as the accompanying Invitation to Bid (ITB) to interested firms for the purpose of selecting a qualified provider for student transportation services. Both the response to the RFQ and the response to the ITB shall be submitted at the same time in SEPARATE SEALED ENVELOPES. The resulting contract will be with an individual company (the CONTRACTOR) for the provision of all required Student Transportation Services for a designated area of the DISTRICT. This two-step process is further described in Section 1.14 of this document. The DISTRICT seeks a firm that has experience providing the same or similar services to school DISTRICTs, municipalities and governmental entities and desires to enter into a multi-year contract with the DISTRICT for such services. The selected RESPONDENT will be required to execute a standard form contract as adopted by the DISTRICT for use with this contract for services. A copy of a sample standard form contract is attached hereto for information purposes only. (Exhibit E). The contract resulting from this process will be for the provision of school buses and personnel for Basic Transportation Services, Supplemental Transportation Services, and Summer Program Transportation Services as needed (refer to Definition Section 1.3). The DISTRICT is divided into Geographic Service Areas (GSAs). Each of these areas is comprised of a variable number of bus routes. Currently, the DISTRICT is soliciting bids for GSA 1 (Fletcher/Sandalwood). Although subject to change (and specifically, the following shall not be deemed a guaranty of volume except for any permitted adjustments described in section 3.1.11.6.B below), the number of routes and miles for this solicitation is: GSA 1: Fletcher/Sandalwood – The estimated number of routes is 156 (117 non-ESE and 39 ESE). The estimated total annual base route mileage is 1,373,958.2 (non-ESE = 1,043,053.1 ; ESE = 330,905.1) (Exhibit D). GSA 1 Page 5 of 57 1.1 GENERAL INFORMATION ABOUT THE DISTRICT: The DISTRICT and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The DISTRICT is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by DISTRICT school officials in accordance with Florida Statutes. The Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of DISTRICT public schools. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of State and Federal laws and regulations, State Board of Education Rules, and School Board policies. 1.2 DISTRICT OBJECTIVES: To deliver safe, reliable, efficient and cost effective transportation services to the Duval County Public School community. 1.3 DEFINITIONS: 1.3.1 DISTRICT: When used in this document, the words "DISTRICT" or "DCPS" will be intended to denote the geographic area or the organization's administrative staff, dependent upon the context in which they are used. The words "School Board," “DCSB,” or “The School Board of Duval County, Florida” will be intended to denote the elected body of governing officials for the entity. 1.3.2 CONTRACTOR: Represents all references to the awardee. 1.3.3 RESPONDENT: Any individual, sole proprietorship, firm, corporation or other entity who submits an offer for materials and/or services (as the basis for award of contract) in response to a RFQ/ITB. At times in context, RESPONDENT may mean the intended CONTRACTOR. 1.3.4 SUBCONTRACTOR: An entity with a contractual relationship to a CONTRACTOR who the CONTRACTOR proposes to use to perform a portion of its obligations. 1.3.5 Basic Transportation Services: The safe and efficient transportation of any and all pupils, who are designated by the DISTRICT to be transported, between school and home and/or school and school (shuttles and additional service trips included). Such transportation shall be provided for each and every day that school is convened and in accordance with bus routes and schedules prepared by the DISTRICT. Currently, the operation days for all schools are 180 days, which may be increased or decreased as determined to be in the best interest of the DISTRICT or as required by law. The CONTRACTOR shall only invoice for the days service is rendered, and the DISTRICT shall be liable to pay only for the days service is rendered. 1.3.6 Irrevocable Standby Letter of Credit: Letter of credit that represents an obligation by the issuing bank on a designated third party (the beneficiary), that is contingent on the failure of the bank's customer to perform under the terms of a contract with the beneficiary. 1.3.7 School Board: The words "School Board," “DCSB,” or “The School Board of Duval County, Florida” will be intended to denote the elected body of governing officials for the entity. GSA 1 Page 6 of 57 1.3.8 Supplemental Transportation Services: The safe and efficient transportation of any and all pupils or other authorized persons as may be requested by DISTRICT for after-school activity trips, field trips, athletic activities, special or additional services, or any other purpose designated by DISTRICT (Exhibit A).  Field Trip: Any service requested by a school to transport students to/from a curriculum related location, athletic event, or other location and return to the school.  After School Activity Trip: Any service transporting students from school to home after regular dismissal time in the PM, including programs like TEAM UP.  Additional Service: o Any operations related service that does not fall within the scope of basic service, field trip, or after-school activity trip. o Any administrative type service initiated through the Director of Transportation’s office. o Any additional school days/partial school days (Saturday school, etc.) that are not included in the 180 day school schedule. o Special program trips are any additional school days/partial school days, Saturday school, independent school program. 1.3.9 Summer Program Transportation Services: An extension of the regular school term defined the same as Basic Transportation Services, and including “summer school.” The days of operation vary from year to year. 1.3.10 Stop: The location of the pick up or drop off point for student(s). 1.3.11 Trip: A group of stops or distance traveled from one location to another (i.e. from stops to school, from school to stops, or from school to school). 1.3.12 Route: A recurring group of trips assigned to make up a route. Routes shall be divided into both AM and PM trips. 1.3.13 Essential Unloaded Mileage:  AM: During the course of any route, the mileage from the drop off of students at the last school on the trip to the first student pick up for the next trip.  PM: During the course of any route, the mileage from the last student dropped off on a trip to the next school on the route. 1.3.14 Non-essential Unloaded Mileage:  AM: During the course of any route, the mileage from the bus compound to the first student stop or from the last school back to the bus compound.  PM: During the course of any route, the mileage from the bus compound to the first school or from the last student stop back to the bus compound.  PM: If a bus has a supplemental trip such as an after-school activity trip or field trip after the finish of the daily route and does not return to the compound, the mileage from the last student stop back to the school is also considered non-essential unloaded mileage. 1.3.15 Bus Capacity: The passenger seating of a bus is defined as the manufacturer's rating of seating capacity for a bus with no seats removed. Seats removed for wheelchair space will not reduce the seating rating of a bus. GSA 1 Page 7 of 57 1.3.16 Back-Up Bus: Any bus in the CONTRACTOR'S fleet, meeting the same specifications and age requirements as those of the daily route fleet, but is utilized to perform service in the event a daily route bus is "out of service" for any reason, or for Supplemental Transportation Service. 1.3.17 Contracted Price Per Mile: The price per mile awarded to the CONTRACTOR. 1.3.18 Business Cycles: There are 180 school days. Each Business Cycle is comprised of 20 school days for a total of 9 Business Cycles (Cycles 2 through 10) during the regular school year. The summer break is broken into Cycle 11 which covers from the end of school through June 30th and Cycle 1 which covers July 1st through the first day of the new school year. 1.3.19 Contract Year: A contract year shall be defined as the period from August 1st through July 31st, except that the last Contract Year shall end on the day prior to the first day of that year’s regular school year. During the first year of the contract the DISTRICT reserves the right to require limited supplemental transportation services (i.e. – field trips) from the CONTRACTOR. 1.3.20 Idling Policy: Idling Limits at Loading/Unloading Locations and Exceptions  DISTRICT staff/CONTRACTOR staff supervising any school bus loading zone where students are loaded or unloaded, shall not allow or cause any school bus to idle for a period greater than 5 minutes while waiting at such location to load or unload.  The 5 minute rule also applies to all pick up and/or drop off drop off locations for field trips, charters, and after school activity trips where buses are transporting students and/or adults (includes all out-of-county locations). Idling limits should not apply for periods where:  A school bus idles while forced to remain motionless because of an official traffic control device or at the direction of a law enforcement official.  A school bus idles solely to prevent a true safety or health emergency.  A school bus engine idles for emergency repairs or diagnostic purposes, but only to the extent that idling is necessary for such activity.  A school bus engine idles for more than 5 minutes due to remote incidences of extreme weather; but only to the extent necessary for the health, safety or well being of the students and/or staff. 1.4 FUEL: The DISTRICT shall purchase at its own cost, inclusive of all fuel taxes, fuel required for basic and operations related service as set forth in 3.1.10. The CONTRACTOR will provide fuel for field trips, after school activity trips, and administrative type service trips and any additional fuel not paid by the DISTRICT per section 3.1.10. In the event a RESPONDENT is qualified to submit a bid, be aware that the cost of fuel shall not be included in the bid proposal. RESPONDENTS shall consider any costs they may incur for unallocated fuel when responding to pricing. Allocated fuel may be bio-diesel or red dye diesel, at the DISTRICT’s option as cost and availability permit. Other alternative fuels may also be used, subject to the consent and agreement of both parties. CONTRACTORs are encouraged to implement the use of alternative fuels for the unallocated portion of their fuel use. 1.5 AWARD: Award will be by GSA. The DISTRICT reserves the right to: (1) accept bids of any or all of the items it deems, at its sole discretion, to be in the best interest of the DISTRICT; and (2) the DISTRICT reserves the right to reject any and/or all bids. It is the intent of the DISTRICT to preclude award to any CONTRACTOR for all GSAs contracted simultaneously (such that only one CONTRACTOR would provide transportation services to the entire DISTRICT). GSA 1 Page 8 of 57 However, if any qualified RESPONDENT is the sole bidder for a GSA, or the second low bid exceeds the low bid by five percent (5%) or more for the GSA under consideration, the DISTRICT reserves the right to waive this limitation and make an award that is based on the best interest of the DISTRICT. Notwithstanding the foregoing, however, any single CONTRACTOR shall not be awarded all GSAs. 1.6 CONTRACT DOCUMENTS; PRIORITY OF DOCUMENTS; CONSTRUCTION OF DOCUMENTS: 1.6.1 A contract shall be released, after award, for any work to be performed as a result of this two-step process. The RFQ, ITB, bid, qualification proposal, addenda, attachments, Exhibits, Contract form in Exhibit E, approved change orders, Standard Operating Procedure (SOP) directives, and performance bond/standby letter of credit and corresponding purchase order(s) shall constitute the contract documents between the parties. 1.6.2 In the event of a conflict or ambiguity among the contract documents, then precedence shall be given in the following order: approved change order, SOP directive, the Contract, Addenda, RFQ, Performance Bond/Standby Letter of Credit, ITB, the Bid, Qualification Proposal, and Attachments and Exhibits lastly. 1.6.3. In the event of a conflict or ambiguity in the contract documents, the contract provisions shall not be construed more strongly against any party regardless of who was more responsible for its preparation. 1.7 CONTRACT TERM: The Contract for GSA 1 will be for an initial term of five (5) years, and may be renewed for one (1) additional five (5) year renewal term under the same terms and conditions as the initial Contract term with the written consent and agreement of both parties. During the 5-year initial Contract term, the CONTRACTOR may request in writing that the CONTRACTOR be released from the Contract in the coming school year (i.e. - 11 months away) by September 15th in the second year of the initial five (5) year term. Failure to provide written notice by September 15th of the second year of the initial five year term will mean the CONTRACTOR agrees to perform in accordance with the terms and conditions of the Contract for the remainder of the initial five year contract term. By September 15th of final year of the contract base period, the CONTRACTOR may request in writing to be released from accepting the approaching 5 year Contract renewal. Failure by the CONTRACTOR to provide such notice shall constitute agreement by the CONTRACTOR to accept Contract renewal for a second five year period per existing terms and conditions within the Contract at the District’s discretion. If the Contract is renewed for the renewal five year term, the CONTRACTOR will again have the opportunity to request in writing that the CONTRACTOR be released from the Contract by September 15th in the second year of the five year renewal term. Failure to provide written notice by September 15th of the second year of the five year renewal term will mean the CONTRACTOR agrees to perform in accordance with the terms and conditions of the Contract for the remainder of the renewal term. The total term of the agreement (including renewal) shall not exceed ten (10) years. See Section 1.3.19 (definition of “Contract Year”) for the term of the last Contract Year. . Any notice delivered pursuant to this section must conform to the requirements set forth in section 3.0.20 hereafter. 1.8 CONSUMER PRICE INDEX: The contracted price per mile in the initial Contract Year for Basic Transportation Services and Summer Program Transportation Services will be used and adjusted for subsequent Contract Years using the initial Contract Year rates as follows. Commencing on the second Contract Year of the Initial Term, and each Contract Year thereafter (including any Renewal Term) the rates will be adjusted by the change in the CPI Index (as defined below). There may be a normal time delay in reporting price change data, which delay (if any) might necessitate retroactive adjustments in the payments arising under the Contract rates for any renewal Contract Year as adjusted pursuant to this section. If there is a decline in the CPI for any given year, compensation will not be reduced and the prior year rate will be maintained. As used in this section: GSA 1 Page 9 of 57 (a) "CPI" means the Consumer Price Index for all Urban Consumers (CPI-U): U.S. city average, all items (1982-84=100), not seasonally adjusted, as published by the Bureau of Labor Statistics, United States Department of Labor (or the replacement index therefore published by the Bureau of Labor Statistics or its successor if the Consumer Price Index has been discontinued, or if there is no such replacement index, a reasonably comparable index selected by the DISTRICT). (b) Commencing on the anniversary of the Contract, the contracted price per mile (PPM) for the next Contract Year will be the contracted PPM from the initial Contract Year adjusted as follows. Using the CPI published as of May 2014 as the Basic Index, the contracted PPM will be adjusted to the quotient obtained by dividing (C) into the product of (A) multiplied by (B), where (A) is the CPI as of May 31 in the immediately preceding Contract Year for which the adjustment is being computed; where (B) is the contracted PPM for the initial Contract Year (prior to any adjustment) and where (C) is the Basic Index. The result of that calculation will determine the new rate set forth in the Contract for the renewal Contract Year. For example, if the parties desire to renew the Contract for August 1, 2015, and the initial Contract Year rate is $3.0000, and assuming the Basic Index (May 31, 2014 CPI) is 177, and assuming that May 31, 2015 CPI is 181, then the following applies. Year 2: (A = 181) X (B = $3.0000) = $3.0678 (C=177) If the parties desire the renew the Contract for August 1, 2016, and assuming the May 31, 2016 CPI is 185, then the following applies: Year 3: (A = 185) X (B = $3.0000) = $3.1356 (C=177) (c) When the rate is adjusted under these provisions, the DISTRICT will provide a detailed written statement of the DISTRICT'S calculations pursuant to this Section. The rate adjustment pursuant to this Section will be rounded to the same level of detail as the rate set forth in the initial Contract Year. Fifteen (15) days will be given to specify in writing to the DISTRICT any reasonable objection to such calculation as set forth in this Section, and in the event no objection is made, then the rate adjustment will be conclusive. In the event of reasonable disagreement regarding the calculation in accordance with this Section, the DISTRICT will continue to pay the prior Contract Year rate until such disagreement is resolved, in which case, the DISTRICT will pay the difference as reasonably agreed upon by the parties (such agreement to be conclusive). In the event the parties cannot reach a reasonable agreement within sixty (60) days, then the Superintendent's designee will conclusively determine the issue. (d) Rate adjustments for Supplemental Transportation Services will be made at different intervals than for Basic Transportation Services and Summer Programs. (Exhibit A). NOTE: In no event will the price per mile be reduced below the initial Contract Year rate. 1.9 EQUAL OPPORTUNITY COMPLIANCE: RESPONDENTS affirm by submitting their responses they are equal opportunity and affirmative action employers and shall comply with all applicable Federal, State and local laws and regulations. GSA 1 Page 10 of 57 1.10 GRATUITIES AND KICKBACKS: Any employee or any official of the DISTRICT, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from, any person, partnership, firm or corporation, offering, proposing for, or in the open market seeking to make sales to the DISTRICT, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. Every person, firm, or corporation offering to make, or pay, or give, any rebate, percentage of contract, money, or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, to any employee or official of the DISTRICT, elective or appointive, in his efforts to proposal for, offer for sale, or to seek in the open market to make sales to the DISTRICT, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. 1.11 PUBLIC RECORDS LAW: Pursuant to Florida Statutes Chapter 119, responses received as a result of this RFQ or the subsequent ITB shall not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all RESPONDENTS in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. It shall be the sole responsibility of the awarded CONTRACTOR to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the contract awarded by the DISTRICT. 1.12 PUBLIC ENTITY CRIMES: 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/proposal on a contract to provide any goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids/proposals 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 for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The RESPONDENT certifies by submission of a response, 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. When requested, the CONTRACTOR will execute and deliver to the DISTRICT the appropriate federal debarment certification form within three (3) business days. 1.13 DISPUTE: 1) Any actual or prospective bidder, proposer or CONTRACTOR who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support (formerly Associate Superintendent Administration and Business Services), or designee (hereinafter “Hearing Officer”) immediately, but no later than two (2) working days after bid opening or after recommendation of award, if not to the apparent low bidder, or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the 4th calendar day immediately following the bid opening or receipt of notice of intent to award recommendation as is appropriate.