THIRD AMENDMENT TO THE AGREEMENT FOR TRANSPORTATION OF STUDENTS BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND STUDENT TRANSPORTATION OF AMERICA, INC. This Third 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) 4 (Northside, NorthwesUCore City) dated effective December 11, 2019, together with the related RFQ/ITB, (the "Agreement") between the District and Contractor. 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). The parties agree that the scope of services and compensation paid, and performance guarantees assessed as set forth herein are fair and reasonable based on the Contractor's ability to provide the scope of services including recruiting and retaining employees (School Bus Operators and School Bus Monitors). Compensation for Minimum Mileage as set forth in section 188.8.131.52 B. of the Agreement, and within any other pertinent sections of the contract documents, shall be waived for the current Contract Year (Ending 31 Jul 2023) in acknowledgement of reduced mileage requirements due to the impact of Contractor's inability to hire and retain sufficient School Bus Operators and Monitors and replaced with the following agreements in this section 5. 1 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 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 184.108.40.206 of the RFQ/ITB for violations of Section 3.0.10 (Back-up Personnel}, Section 220.127.116.11 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 remains 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 8., 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. 2 10. 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 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 4 (Northside, Northwest/Core City)] 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. Dr. iana 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 RANSPORTATION OF AMERICA, INC. ~~,~~t:~r 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 PRINT NAME OF AUTHORIZED REPRESENTATIVE: 1)(.-..,~ QQl\"d~:r r SIGNATURE OF AUTHORIZED REPRESENTATIVE: ...,C)rh6.__0.....U-M--=i-1-1."------ TITLE: Vf Of!lc~-41~) f f' 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. C",-... ~ to "i l.2.. --------+-,-=---------+-----1------- .C ONT RAC" R'S SIGNATURE/ ATE 1.>tt'\l S o~ ,~~ktr J" r JV Ortr-\:ttcm.l NAME/TITLE U 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. CO~IGNATURE l)t~-,~ 6~ \ l~r 'Jr/ Vt O(>'f-~ Pi~ NAME/TITLE of AU RIZED REPRESENTATIVE 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 State of FLORIDA County of DUVAL NON-COLLUSION AFFIDAVIT I state that I am the 'IP ~1'\o,\~ of Student Transportation of America, Inc., a Delaware corporation autorized 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. ~ (Date) 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 CDL) $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 contractors 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 STAs 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 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. STUDENT TRANSPORTATION OF AMERICA, INC. By: Gay, Name: Denis GallagHer Jr Title: VP Operations, Southeast US [Signatures continued on next page] [Signature Page to First Amendment to Agreement for Transportation of Students between The School Board of Duval County, Florida, and Student Transportation of America, Inc. For GSA 4 (Northside, Northwest/Core City)] ATTEST: SCHOOL BOARD OF DUVAL COUNTY, FLORIDA on doh Left Dr. Diana Greene, Darfyl Willie, Chair Superintendent of Schools and Ex-Officio Secretary to the Board Form Approved: Approved by the Board on December 7, 2021 By: Y Me Office of General Counsel Financial Impact This amendment will result in an estimated cost avoidance of $2.5M for our district due to the removal of minimum mileage cost payments under STAs GSA 4 and 5 contracts for this 2021/22 School Year. Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments None [Signature page to Agreement for Student Transportation Services GSA 4 between The Schoo! Board of Duval County, Florida, and Student Transportation of America, Inc., Dated effective December 11, 2019] STUDENT TRANSPORTATION OFAMERICA, INC. phaser Patrick Vaughan, CEO GSA 4 3 December 10, 2019, Regular Board Meeting Title 27. STUDENT TRANSPORTATION SERVICES, GSA 4 - AWARD Recommendation That the Duval County School Board approve the Student Transportation Services - GSA 4, RFQ/ITB-006-20/LM contract award to Student Transportation of America, Inc., for the initial contract base period from August 1, 2020 to July 31, 2025. That the Duval County School Board authorize the Chairman, or Vice-Chairman, and the Superintendent to execute the contract upon form approval by the Office of General Counsel. That authority be delegated to the Superintendent to renew the contract for subsequent years provided terms and conditions are essentially the same and subject to availability of funds. There are five potential annual renewals. Description The Student Transportation Services Contracts are each comprised of few high school boundary areas combined together to make up a specific contract service area. The contract will serve all schools located within the contract service area plus interconnected magnet and other non-neighborhood programs. The GSA 4 contract provides transportation services for schools located within the Raines, Ribault, and First Coast high school boundary areas. This December 2019 award approval is needed to allow the apparent low bid contractor (e.g., Student Transportation of America - STA) adequate time for the ordering, manufacture, and delivery of school buses prior to July 2020 in advance of an August 2020 school start. The incumbent contractor (First Student) was not the apparent low bidder. Gap Analysis Student transportation service contracts are required to ensure safe, efficient, and effective transportation is available for our students as required by Florida Statute. This transportation service contract provides a source for those required transportation services. Previous Outcomes Student Transportation of America (STA), Inc. is the incumbent contractor on the current GSA 1, 12, and 5 contracts. STA has performed satisfactorily on their current contracts. Expected Outcomes We expect to obtain satisfactory service and support under this new contract with STA. Strategic Plan Goal Ensure Effective, Equitable & Efficient Use of Resources Aligned to Improve Student Outcomes. Financial Impact The new GSA 4 contract will replace the existing GSA 2 and GSA 4 contracts in a new combined GSA 4 contract. The new GSA 4 cost per mile of $6.2999 will be the lowest cost per mile contract for DCPS among all the existing GSA contract costs for the 2020-21 school year. This new $6.2999 cost is $0.48 below the projected 2020-21 average cost of $6.7699 for all existing GSA contracts. If the current GSA 2 and GSA 4 were not expiring, then the estimated cost for the 2020-21 contract year would have been $13.2M assuming a 3% CPI and constant mileage. The estimated expenditure for the new combined GSA 4 2020-21 contract year is $15.7M. Cost increases are attributable to new requirements such as requiring 100% of all buses to be air conditioned, decreased number of bidders, higher labor costs due to tight labor markets, rising fuel costs, and additional equipment requirements for safety and efficiency such as larger capacity buses and more camera surveillance. Actual costs for GSA 4 could be lower in event of lower mileage through operational efficiencies. Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Sonita Young, Chief of Staff, (904) 390-2590 Attachments 1. GSA 4 Agreement RFQ/ITB-006-20/LM STUDENT TRANSPORTATION SERVICES Date Opened: 11/4/2019 BID TABULATION Durham School Services, L.P First Student, Inc Student Transportation of America, Inc Item Description Unit Price Price Price 1 GSA 4 - Northside, Northwest/Core City Price per mile $6.4945 $6.3630 $6.2999 Prepared by: Cammie Wise Verified by: Louis Mitchum Date: 11/4/19 Recommended for Award = Page 1 of 1 RFQ/ITB-006-20/LM Page 1 of 59 DUVAL COUNTY PUBLIC SCHOOLS PURCHASING SERVICES 1701 Prudential Dr. Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 September 13 2019 Request for Qualifications/Invitation to Bid (RFQ/ITB) STUDENT TRANSPORTATION SERVICES GSA 4 RFQ/ITB-006-20/LM PROCEDURAL TIMELINES AND RELEVANT INFORMATION Duval County Public Schools (the District) 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. There will be a recommended Information Conference held at the Duval County Public Schools Transportation Services Auditorium, 129 King Street, Jacksonville, Florida on Wednesday, October 2, 2019 at 9:00 a.m. (Eastern Time). The deadline for submission of responses is 2:00 p.m. (Eastern Time) on Monday, October 21, 2019. All responses must be delivered to: Purchasing Services, (Suite 322),1701 Prudential Dr. Jacksonville, FL 32207. 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 Mr. Louis Mitchum, Purchasing Services at firstname.lastname@example.org
. RFQ/ITB-006-20/LM Page 2 of 59 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 Contract Agreement 1.17 Disclosure of Former District Employees II. SUBMITTALS / PRE QUALIFICATION 1. Required Respondent Profile (Attachment A) 2. Office of Economic Opportunity Policy and Proposed Schedule of Participation Form (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 Office of Economic Opportunity 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 RFQ/ITB-006-20/LM Page 3 of 59 3.0.18 Radio Communication 3.0.19 Communication with the Public / District 3.0.20 Notices 3.0.21 Time of the Essence 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; Survival; Forum; Venue 3.1.7 Insurance Requirements 3.1.8 Indemnification / Hold Harmless Agreement 3.1.9 Attorneys 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 Equipment 3.1.15 Bus Numbering and Lettering 3.1.16 Bus Inspections 3.1.17 Bus Fleet Maintenance 3.1.18 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 - Office of Economic Opportunity Proposed Schedule of Participation Form Attachment C Fleet Plan Attachment D Federal Forms 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 Contract Exhibit F Sample District Performance Bond Exhibit G - Historical Data RFQ/ITB-006-20/LM Page 4 of 59 INVITATION TO BID DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services 1701 Prudential Dr. Suite 322 Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 _____________________________________________________________________________ September 13, 2019 REQUEST FOR QUALIFICATIONS (RFQ) FOR STUDENT TRANSPORTATION SERVICES GSA 4 RFQ/ITB-006-020/LM I. GENERAL INFORMATION: 1.0 INTRODUCTION: 1.0.1 Duval County Public Schools (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. 1.0.2 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. 1.0.3 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). 1.0.4 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 definitions in Section 1.3). 1.0.5 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 4 (Northside, Northwest/Core City). Although subject to change (and specifically, the following shall not be deemed a guaranty of volume except for any permitted adjustments described in section 18.104.22.168.B below), the number of routes and miles for this solicitation is: 1.0.6 GSA 4: 223 routes (2,493,012.0 miles); this information is current as of August 2, 2019. These miles are daily route miles for Basic Transportation Services. Refer to sections 1.3.5, 1.3.6, and 1.3.7 for service definitions. The number of regular (non-ESE) routes is 155. The number of special needs (ESE) routes is 68. RFQ/ITB-006-20/LM Page 5 of 59 1.1 GENERAL INFORMATION ABOUT THE DISTRICT: 1.1.1 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 School Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of District public schools. 1.1.2 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 Schools community. 1.3 DEFINITIONS: 1.3.1 District: When used in this document, the word District will be intended to denote the geographic area or the organization's administrative staff, dependent upon the context in which they are used. 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 (daily 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 services are rendered, and the District shall be liable to pay only for the days services are rendered. 1.3.6 Variable Transportation Services: Variable services are transportation services in addition to Basic Transportation Services and includes services that may or may not occur daily. These include, but are not limited to, Gifted services, Community Based Instruction (CBI) services, Community Based Vocational Instruction (CBVI) services, Speech services and Early Release. Variable services are compensated at the same contracted price per mile (PPM) as Basic Transportation Services. 1.3.7 Supplemental Transportation Services: The safe and efficient transportation of any and all pupils or other authorized persons as may be requested by the District for after-school activity trips, field trips, athletic activities, special or additional services, or any other purpose designated by the District (Exhibit A). 22.214.171.124 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. 126.96.36.199 After School Activity Trip: Any service transporting students from school to home after regular dismissal time in the PM, including programs like TEAM UP. RFQ/ITB-006-20/LM Page 6 of 59 188.8.131.52 Additional Service: 184.108.40.206.1 Any operations related service that does not fall within the scope of basic service, field trip, or after-school activity trip. 220.127.116.11.2 Any administrative type service initiated through the Director of Transportations office. 18.104.22.168.3 Any additional school days/partial school days (Saturday school, etc.) that are not included in the 180-day school schedule. 22.214.171.124.4 Special program trips are any additional school days/partial school days, Saturday school, and independent school program. 1.3.8 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 may vary from year to year. 1.3.9 Irrevocable Standby Letter of Credit: Letter of credit that represents an obligation by the issuing bank to 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 between the banks customer and the beneficiary. 1.3.10 School Board: The words "School Board," or The School Board of Duval County, Florida will be intended to denote the elected body of governing officials for the entity, unless the context includes the District. 1.3.11 Stop: The location of the pick up or drop off point for student(s). 1.3.12 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). 1.3.13 Route: A recurring group of trips assigned to make up a route. Routes shall be divided into both AM and PM trips. 1.3.14 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. 1.3.15 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. 1.3.16 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. RFQ/ITB-006-20/LM Page 7 of 59 1.3.17 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. 1.3.18 Contracted Price Per Mile: The price per mile awarded to the CONTRACTOR. 1.3.19 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 30 th and Cycle 1 which covers July 1st through the first day of the new school year. 1.3.20 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 years regular school year. 126.96.36.199 Idling Policy: Idling Limits at Loading/Unloading Locations and Exceptions 188.8.131.52 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. 184.108.40.206 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). 220.127.116.11 Idling limits should not apply for periods where: 18.104.22.168.1 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. 22.214.171.124.2 A school bus idles solely to prevent a true safety or health emergency. 126.96.36.199.3 A school bus engine idles for emergency repairs or diagnostic purposes, but only to the extent that idling is necessary for such activity. 188.8.131.52.4 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 wellbeing 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 Districts option as cost and availability permit. Other alternative fuels may also be used, subject to the consent and agreement of both parties. The CONTRACTOR is encouraged to implement the use of alternative fuels where possible. 1.5 AWARD: 1.5.1 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. 1.5.2 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 RFQ/ITB-006-20/LM Page 8 of 59 District). 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. 1.6.4 The parties agree that the contract documents described herein represent the entire agreement between the parties, may only be amended by a written agreement signed by both parties except as may be expressly provided in this RFQ, and supersedes all prior or contemporaneous oral or written agreements and understandings with respect to the matters covered by the Contract. 1.7 CONTRACT TERM: 1.7.1 The Contract for GSA 4 will be for an initial term of five (5) years (through July 31, 2025), and may be renewed under essentially the same terms and conditions as the original contract for five (5) additional one (1) year renewals with written consent and agreement of both parties. 1.7.2 With respect to the five (5) potential one (1) year renewals, the CONTRACTOR shall send written notice to the District if the CONTRACTOR does not agree to the next annual renewal. CONTRACTORs written notice must be delivered to the District no later than fifteen (15) months prior to the renewal period (e.g., the deadline is May 1, 2024 for CONTRACTORs written notice to the District to not renew for the 2025-26 renewal year which is the first of five annual renewals). If the CONTRACTOR fails to timely deliver its notice of non-renewal, then the Contract may be renewed at the districts sole discretion according to the terms of the Contract, it being understood that CONTRACTOR does not have any additional options to cancel renewal terms. The total potential term of the Contract, including all potential renewals, shall not exceed ten (10) years. See Section 1.3.20 (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. RFQ/ITB-006-20/LM Page 9 of 59 1.8 CONSUMER PRICE INDEX: 1.8.1 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 either a 1.5% increase or the change in the CPI Index (as defined below), whichever is greater. 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 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 rate for the immediately prior Contract year will be maintained. As used in this section: 184.108.40.206 "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). 220.127.116.11 Commencing on the annual 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 31, 202X 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, 202X 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. 1.8.2 Calculations; The result of that calculation will determine the new rate set forth in the Contract for the upcoming Contract Year. For example, to calculate the first CPI adjustment for the Contract year commencing August 1, 202X assuming the initial Contract Year rate is $5.0000, and assuming the Basic Index (May 31, 202X CPI) is 177, and assuming that May 31, 2020 CPI is 181, then the following applies. Year 2: (A = 181) X (B = $5.0000) = $5.1130 (C=177) The calculation for Year 3 assuming the May 31, 2021 CPI is 185, the following applies: Year 3: (A = 185) X (B = $5.0000) = $5.2260 (C=177) 1.8.3 When the rate is adjusted under these provisions, the District will provide a detailed written statement of the Districts 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. 1.8.4 Rate adjustments for Supplemental Transportation Services will be made at the same intervals as Basic Transportation Services and Summer Programs. The base year field trip index was set in 2006 when the initial field trip hourly rate was established. This hourly rate is $18.50 and will be RFQ/ITB-006-20/LM Page 10 of 59 used annually in the calculation to establish the new field trip hourly rate. The formula used for field trip price escalation is the same as the CPI calculations described in 18.104.22.168 above. The current year (May 31) index (A) is multiplied by the base year price (B) and that product is divided by the base year index (C). Additional field trip information is available in Exhibit A. 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. 1.10 GRATUITIES AND KICKBACKS: 1.10.1 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. 1.10.2 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. 1.10.3 It is the policy of the District to not accept gifts, gratuities, or favors of any kind or of any value whatsoever from vendors, members of the staff, or families. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, company, corporation, individual for firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of the Contract. CONTRACTOR further warrants that it, nor any of its directors, employees, officers or agents, nor any of CONTRACTORs respective subsidiaries or affiliates, has taken, is currently taking or will take any action in furtherance of an offer, payment, promise, gifts or anything else of value, directly or indirectly, to anyone to improperly influence or otherwise secure any improper advantage in procuring business in relation to the Contract. For the breach or violation of these provisions, the District shall have the right to terminate the Contract without liability and/or, at its discretion, to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 1.11 PUBLIC RECORDS LAW: 1.11.1 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. 1.11.2 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. 1.11.3 The Contract shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. CONTRACTOR understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, RFQ/ITB-006-20/LM Page 11 of 59 Florida Statutes, CONTRACTOR agrees to: 22.214.171.124 Keep and maintain public records required by the District in order to perform the service. 126.96.36.199 Upon request from the Districts custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. 188.8.131.52 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 District. 184.108.40.206 Upon completion of the Contract, transfer, at no cost, to the District all public records in possession of CONTRACTOR or keep and maintain public records required by the District to perform the service. If CONTRACTOR transfers all public records to the District upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. 220.127.116.11 CONTRACTOR shall keep records to show its compliance with this Agreement. CONTRACTORS and SUBCONTRACTORS must make available, upon request of the District, a Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The CONTRACTOR shall retain all records relating to this Agreement for five (5) years after final payment is made or received and all pending matters are completed. 18.104.22.168 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (DIRECTOR OF TRANSPORTATION) AT THE ADDRESS AND PHONE NUMBER BELOW; DUVAL COUNTY PUBLIC SCHOOLS 129 KING STREET JACKSONVILLE, FL 32204 904.858.6200, Option 1 RFQ/ITB-006-20/LM Page 12 of 59 1.12 PUBLIC ENTITY CRIMES: 1.12.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not; 22.214.171.124.1 Submit a bid/proposal on a contract to provide any goods or services to a public entity. 126.96.36.199.2 Submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work. 188.8.131.52.3 Submit bids/proposals on leases of real property to a public entity. 184.108.40.206.4 Be awarded or perform work as a CONTRACTOR, supplier, SUBCONTRACTOR, or consultant under a contract with any public entity. 220.127.116.11.5 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. 1.12.2 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: 1.13.1 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. 1.13.2 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. 1.13.3 If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next District work day. Protests shall be presented with specificity, and every issue shall be fully documented. 1.13.4 The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. 1.13.5 The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. 1.13.6 All bidders or offerors shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. 1.13.7 The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. RFQ/ITB-006-20/LM Page 13 of 59 1.13.8 The Hearing Officer shall issue his/her decision within five (5) working days of the completion of the protest hearing. 1.13.9 The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. 1.13.10 The District does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any bidder or offeror utilizing delivery by fax shall assume the risk associated with incomplete delivery or nonreceipt. 1.13.11 Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the prospective bidder or offeror but no later than 10 days prior to the date of bid opening or proposal due date. 1.14 INSTRUCTIONS TO RESPONDENTS: 1.14.1 THE RFQ AND ITB DOCUMENTS WILL BE REVIEWED IN DETAIL AT AN INFORMATION CONFERENCE HELD IN THE AUDITORIUM AT 129 KING ST., JACKSONVILLE, FLORIDA ON WEDNESDAY, OCTOBER 2ND, 2019 AT 9:00 A.M. (Eastern Time. 1.14.2 Potential Respondents are advised to hold all comments, questions and items for clarification until the Information Conference. Potential respondents are strongly encouraged to attend the Information Conference to help inform and prepare them with any contract document clarifications discussed at that time. 1.14.3 All responses to the RFQ and ITB must be received no later than 2:00 P.M. (Eastern Time) on Monday, October 21ST, 2019. If a response is transmitted by US Mail or other delivery medium, the Respondent shall be responsible for its timely delivery to Purchasing Services (Suite #322), 1701 Prudential Dr., Jacksonville, FL 32207. 1.14.4 Any response received after the stated time and date or at any other location, will not be considered and will retained by the District and then returned unopened to the originator after the Districts award of the Contract. 1.14.5 One manually signed original, two (2) exact photocopies and six (6) exact flash drive copies (in PDF file format) of the complete RFQ response must be sealed in a single envelope and clearly marked, "RESPONSE TO REQUEST FOR QUALIFICATIONS - STUDENT TRANSPORTATION SERVICES GSA 4" on the outside of the package. One manually signed original of the response to the ITB must be sealed in a SEPARATE envelope clearly marked, "RESPONSE TO INVITATION TO BID" - STUDENT TRANSPORTATION SERVICES GSA 4" and submitted at the same time. Once accepted, all original responses and any copies of responses become the sole property of the District and may be retained by the District or disposed of in any manner the District deems appropriate. 1.14.6 All responses must bear the signature of an officer or employee having authority to legally bind the responding firms. 1.14.7 NOTE: It is the sole responsibility of each Respondent to assure all copies are identical to the original, including any supplemental information. Flash drive copies will be utilized by the Committee for the purpose of qualification. 1.14.8 Any information contained in the original RFQ response which has not been transferred to the flash drives or photocopies may NOT be considered. The original document will be used solely for official record keeping and audit purposes. RFQ/ITB-006-20/LM Page 14 of 59 1.14.9 Responses not conforming to the instructions provided herein will be subject to disqualification at the sole discretion of the District. Any exceptions to the terms and conditions of this solicitation made by any Respondent are not accepted. 1.14.10 The District anticipates the following time schedule in completion of the process with the intended result of selection of the contracted service provider: September 13th, 2019 - Date of distribution October 2nd, 2019, 9:00 a.m. Recommended RFQ/ITB Information Conference October 7th, 2019, 2:00 p.m. - Deadline for submission of questions and requests for clarification October 21, 2019, 2:00 p.m. - Opening of RFQ responses (ITB responses to remain sealed at this time) October 25, 2019, by 2:00 p.m. Notification to qualified and non-qualified Respondents (Notification shall be affected by email and manual posting at the Districts office at 1701 Prudential Drive) October 31, 2019, by 12:00 noon - Deadline for submission of bid security November 4, 2019, 2:00 p.m. - Opening of ITB responses from qualified firms December, 2019 - Anticipated date of award by School Board August 1, 2020 - Anticipated effective date of Contract August 10, 2020 Service/School Year begins 1.14.11 All questions and requests for clarification from potential Respondents shall be submitted in documented format to Mr. Louis Mitchum, Supervisor, Purchasing Services. Such requests may be e-mailed to email@example.com
. Questions submitted subsequent to the deadline as shown above will not be addressed. 1.14.12 Additions, deletions or modifications to information contained in the RFQ or ITB as a result of questions received will be presented to all potential Respondents by means of a written addendum, if necessary. 1.14.13 No verbal or written information that is obtained other than by information in this document or by addendum to this RFQ or ITB will be binding on the District. 1.15 EX PARTE COMMUNICATIONS: 1.15.1 Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFQ with District personnel involved with or related to the RFQ, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents proposal. 1.15.2 Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFQ with Board members is also prohibited and will result in the disqualification of the Respondent. 1.15.3 Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective Respondent are necessary for, and solely related to, the ordinary course of business concerning the Districts existing contract(s) for the materials or services addressed in this RFQ (but in no event shall any existing vendor intending to submit a bid initiate communications to any member(s) of the School Board of Duval County, Florida; it being understood such communication initiated by a vendor under these circumstances would not be in the ordinary course of business). mailto:firstname.lastname@example.org
RFQ/ITB-006-20/LM Page 15 of 59 1.16 CONTRACT AGREEMENT: 1.16.1 Execution of Contract. Upon award, a Contract will be executed substantially in the form of Exhibit E. CONTRACTOR agrees to execute all required forms, including but not limited to the Federal Forms in Attachment D. 1.16.2 Transition Assistance. In the event the resulting Contract is terminated, not renewed or naturally expires, the CONTRACTOR agrees that the District may provide written notice to the CONTRACTOR retaining the CONTRACTOR for a month-to-month basis on the same terms and conditions set forth in the agreement. Such month-to-month services shall continue until the District has established a replacement Student Transportation Services contract. In any event, these services will not be required to continue for a period of time exceeding six (6) months. 1.17 DISCLOSURE OF FORMER DISTRICT EMPLOYEES: Pursuant to District Policy all bidders, proposers, consultants, and CONTRACTORs are required to disclose the names of any of their officers, directors, agents, or employees who serve as agents or principals for the bidder, proposer or CONTRACTOR, and who within the last two (2) years, have been or are employees of the District. And all bidders, proposers, consultants, and CONTRACTORs are required to disclose the name of any District employee who owns, directly or indirectly, any interest in the CONTRACTORs business. Such disclosures will be in accordance with current District policies, but will include, at a minimum, the name of the former District employee, a list of the positions the employee held in the last two (2) years of his or her employment with the District, and the dates the employee held those positions. By its signature of the Contract, CONTRACTOR will be deemed to have certified to the District that there are no names to disclose to the District pursuant to this section, unless CONTRACTOR provided the names in an addendum to EXHIBIT A (Respondent Profile) when CONTRACTOR submitted its response to the RFQ. II. SUBMITTALS/PRE-QUALIFICATION: Each Respondent should submit sufficient information to allow an assessment of its capacity, resources, experience, planning capability and financial status to successfully manage and operate a large-scale student transportation services program. The determination of whether or not a Respondent is qualified to participate in the next phase of solicitation will be based upon this information. Categorical qualification assessments will be performed in accordance with District guidelines. With the exception of minor errors or omissions, as determined by the District, failure on the part of any Respondent to submit sufficient information in any area below to allow an assessment of the firms ability to successfully perform the Contract, if awarded, including documented efforts to secure Office of Economic Opportunity (OEO) goals, may render the Respondent non- responsive and the Respondent may be deemed disqualified for further consideration. Respondents who fail to obtain an acceptable determination may be deemed unqualified. The operational sufficiency of any plan or submission will not be evaluated in the qualification phase. The successful CONTRACTOR shall obtain approval for all final reports, plans and submittals from the Districts Director of Transportation on a schedule to be determined. This includes, but is not limited to: implementation timelines, operation progress reports and transition scheduling. RFQ/ITB-006-20/LM Page 16 of 59 ITEMS FOR SUBMITTAL ARE IDENTIFIED ON THE FOLLOWING PAGES. RESPONDENTS ARE ENCOURAGED TO USE THE CHECKLIST PROVIDED ON THESE PAGES TO ASSURE THEY HAVE ADDRESSED ALL CATEGORIES IN THEIR RESPONSE. ITEM CHECKLIST: 1) Respondent Profile (Attachment A) with all information completed and all signatures as specified. 2) Office of Economic Opportunity Policy and Proposed Schedule of Participation Form (Attachment B) with information completed and signatures as specified. 3) References/Experience/Service History Provide at least three (3) references concerning the level of experience (contract history/current contracts) involving student transportation over the last five (5) years, with at least one (1) current or previous contract with a volume utilizing at least eighty (80) buses operating on a recurring daily/weekly basis for a twelve month or one-school year period. The Respondent shall have been the primary CONTRACTOR and utilizing the Respondents buses. Both public and private transportation experiences will be considered. The District may not be used as a reference. The District reserves the right to investigate all references and to take steps as necessary to determine the ability of the Respondent to perform the work in a safe, prompt and efficient manner as outlined herein. Complete and submit Client Information, Section 14 of Attachment A. 4) Financial Information Provide audited financial statements for the company (in U.S. Dollars) for the last two (2) fiscal years of operation. Audited financial statements shall include for each year: A balance sheet; A statement of cash flow; An income statement; The independent auditors opinion letter; The notes to the financial statement The financial information provided will be reviewed to determine the Respondents overall financial health. An assessment of working capital will also be performed to determine the Respondents ability to finance the necessary capital purchases for performance of the Contract. 5) Human Resource Administration Provide a set of company standards and guidelines for school bus operators and school bus monitors, mechanics, school bus operator trainers, managers, and administrators to include, but not be limited to details about the screening practices, hiring practices, employee qualifications and experience, details of the employee retention plan, the specifics of the benefit package to be offered, and availability of trained school bus operators/school bus monitors for timely use. Provide the current organizational chart of the company. Provide the plan for proper staffing of school bus operators/school bus monitors relative to the Districts operation. Job descriptions for administrative staff. 6) Fleet Plan (Attachment C) with all information completed, as specified. NOTE: The District reserves the right to require a supplier commitment letter for proposed purchase of buses prior to the determination of pre-qualification. RFQ/ITB-006-20/LM Page 17 of 59 7) Staff/Safety Training Provide a plan for school bus operator/school bus monitor training relative to the Districts operation. Provide a current school bus operator/school bus monitor safety and training manual. 8) Facility Plan Provide a plan to store and maintain equipment and buses relative to the Districts operation, as well as, dispatch and manage operations from a facility(s) located in accordance with Section 18.104.22.168. 9) Drug/Alcohol Testing Plan Submit the company policy and procedure relating to all phases of testing: pre-employment, random, reasonable suspicion, post-accident, and return-to-duty and follow-up testing. 10) Bid Bond/Irrevocable Letter of Credit Provide a Bid Bond or Irrevocable Standby Letter(s) of Credit in the amount of $200,000.00 in accordance with Section 3.0.8 of this document. RFQ/ITB-006-20/LM Page 18 of 59 III. SCOPE OF SERVICES/CONTRACTOR REQUIREMENTS: 3.0 GENERAL: The CONTRACTOR shall supply and maintain such number of school buses and personnel as are required to fulfill the Districts needs for Basic Transportation Services, Supplemental Transportation Services, and Summer Program Transportation Services, and required back-up personnel and equipment. If any services, functions or responsibilities not specifically described in this RFQ are necessary for the proper performance and provision of the transportation services, they shall be deemed to be implied by and included within the CONTRACTORs scope of the services to the same extent and in the same manner as if specifically described herein. It shall be understood that the District will not act as an agent for nor will it finance or supplement any CONTRACTOR in acquisition of facilities or equipment, employee training, insurances, licensing, inspections, or any other financial or service-related responsibility of the CONTRACTOR. 3.0.1 FACILITIES: 22.214.171.124 The CONTRACTOR shall store and maintain equipment and buses, as well as dispatch and manage operations hereunder at a facility(ies) located in or near the boundaries of each contracted GSA, subject to approval by the District after award of the Contract. The District reserves the right to make site visits without prior notice. In the event that one (1) facility could adequately service the award of adjacent GSAs, the CONTRACTOR may provide a written plan to the Districts Director of Transportation for consideration to waive the aforementioned requirement. 126.96.36.199 The CONTRACTOR shall provide all necessary hardware and software including but not limited to computers, network infrastructure, internet connections and office equipment as needed to facilitate compatible exchange of day to day information with the Districts Transportation Department. 188.8.131.52 The CONTRACTOR shall control, manage, and minimize hazardous waste and safely and securely store and dispose of in accordance with approved governmental regulations. 184.108.40.206 The CONTRACTOR shall provide adequate space to park school buses when not in use. The CONTRACTOR shall remain compliant with Jacksonville Ordinance Code Section 656.411, as amended or transferred from time to time which prohibits parking/location of buses in off-street parking lots, access to highways, on private property in residential districts as specified in said Ordinance Code section. 220.127.116.11 The CONTRACTOR may be allowed to park school buses on District property at school sites when not in use ONLY with the express written permission of the schools Principal. Copies of all written approvals shall be provided to the Districts Transportation Department. The CONTRACTOR shall bear complete responsibility for any and all liability regarding theft, damage or vandalism to buses while parked on school property. 3.0.2 STANDARD OPERATING PROCEDURES (SOP): The District may issue office directives that will be utilized to affect the safety and efficiency of the operator or administrator of the Transportation process. These directives are generally procedural and shall not cause the cost of the Contract to vary. 3.0.3 STATUS OF CONTRACTOR: 18.104.22.168 The CONTRACTOR shall be duly licensed and/or certified and shall possess the staff, experience, equipment, and abilities to provide all needed services successfully and in compliance with all legal requirements. The CONTRACTOR and all employees and agents of the CONTRACTOR shall comply with all local, State, and Federal laws and/or mandates applicable to the services to be furnished. RFQ/ITB-006-20/LM Page 19 of 59 22.214.171.124 Neither CONTRACTOR nor any of its employees shall be held or deemed in any way to be an agent, employee or official of the District. The CONTRACTOR shall be able to continuously (without interruption as a result of any labor, strike, union-related activity, or otherwise) perform service at full capacity in accordance with the scheduling as approved by the Director of Transportation in terms of all certified and other personnel, inspected equipment, and all requirements for as of the first day of the first Contract Year and through the term of the Contract. 126.96.36.199 CONTRACTOR represents that: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) it is authorized and in good standing to conduct business in the State of Florida; (iii) it has all necessary power and has received all necessary approvals to execute and perform its obligations in the Contract; and (iv) the individual executing the Contract on behalf of CONTRACTOR is authorized to do so. 3.0.4 LEGAL AWARENESS AND COMPLIANCE: 188.8.131.52 It shall be the responsibility of the CONTRACTOR to be knowledgeable of and adhere to the requirements of any Federal, State, County and local laws and ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the CONTRACTOR shall in no way be a cause for relief from responsibility. 184.108.40.206.1 Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers 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. Rehabilitation Act of 1973, as amended. 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 Americans with Disabilities Act 41 CFR Part 60 and any additions or amendments thereto. 220.127.116.11 JESSICA LUNSFORD ACT: The CONTRACTOR shall comply with and be responsible for all costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005 (if applicable). The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Sections 1012.32, 1012.465 and 1012.467 Florida Statutes and any other applicable Section(s). Florida Statute 1012.315 will be applied to determine who will be eligible for employment. Additional information is available in Exhibit C. In 2013, the Florida Legislature amended Section 1012.467 F.S. to create a requirement for a uniform, statewide identification badge to be worn at all times by non-instructional CONTRACTORS when on school grounds. The cost of the badge may not exceed ten dollars ($10.00) per badge, per employee. After the implementation of the initial badge, CONTRACTORS shall replace the badges concurrently with the re-fingerprinting of employees. The associated cost of the uniform, statewide badge shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall report any arrest for a disqualifying offense within forty-eight (48) hours of the arrest. Failure of the CONTRACTOR / CONTRACTORs employee to report an arrest for any disqualifying offense within 48 hours is a felony of the third degree punishable as provided in Section 775.082 or Section 775.083 F.S.