Districtwide Fundraising, School-Based Sales, and Transaction Operating System (M-DCPS)

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The School Board of Miami-Dade County, Florida
PROCUREMENT MANAGEMENT SERVICES INVITATION TO NEGOTIATE
1450 N.E. 2nd Ave., Miami, Florida 33132
(305) 995-4288
Proposer Qualification Form
DUE DATE: Proposals due on or before 1:00 p.m. Eastern ITN NO.: RELEASE DATE: PURCHASING AGENT
Time (ET), Thursday, August 6, 2026 via Euna OpenBids
ITN-25-053-MJ Friday, July 10, 2026 Miranda James
(formerly DemandStar).
mjames@dadeschools.net
**PLEASE REFER TO EXHIBIT 16 FOR 305-995-1621
BID OPENING INFORMATION**
Check Addenda for any revised opening dates before submitting your ITN TITLE: Districtwide Fundraising, School-Based Sales, and
proposal. Proposal(s) received, after the date and time stated Transaction Operating System (M-DCPS)
above, shall not be considered for award. Hard copy, faxed and/or
emailed proposals are not allowed and will not be considered for
award.
PROPOSER ACKNOWLEDGEMENT
THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE WHERE INDICATED BELOW AND SUBMITTED
WITH THE PROPOSAL. FAILURE TO PROVIDE THIS DOCUMENT, WITH THE PROPOSAL, WILL RESULT IN PROPOSAL BEING CONSIDERED NON-RESPONSIVE.
Proposer's Name and state "Doing Business As", where applicable: "REMIT TO" ADDRESS FOR PAYMENT: If payment(s) is/are to be
mailed to address other than as stated on left, please complete section
below. Check this box if address is the same as stated on the left.
Address: P.O. Box:
City: City:
State: Zip Code: State: Zip Code:
Telephone Number: Sales Contact:
Sales E-Mail Address:
E-mail Address to Send Purchase Orders:
Federal Tax Identification Number:
I hereby certify that: I am submitting the following information as my firm's Proposer and I am
aPurothpoorsizeer dto b dyo so. Proposer agrees to complete an unconditional acceptance of the contents of __________________________________________
athlli sp Iangveitsa tiino n to Negotiate, and all appendices and the contents of any Addenda released hereto;
Signature of Authorized Representative (Manual)
Proposer released Addenda and understand that the following are requirements of this
aITgNre aensd t ofa bileu rbeo tuon cdo tmo palyn yw ailln rde saull lts ipne dciisfiqcautaiolinficsa, ttieornm osf apnrodp coosnadl.i tsiounbsm citotendta; iPnerodp ions tehre h RasF Pno, t
adnivdu lagneyd , discussed, or compared the proposal with other Proposers and has not colluded with ________________________________________________________________
any other Proposer or party to any other proposal. Name of Authorized Representative (Typed or Printed)
BIDDER CERTIFICATION AND IDENTIFICATION
A. I certify that this bid is made without prior understanding, agreement, or connection with any
corporation, firm, or person. Title of Authorized Representative
1. Submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and
without collusion or fraud. I agree to abide by all conditions of this bid; and I certify that I am
authorized to sign this bid for the bidder.
E-Mail Address of Authorized Representative
2. Vendor certifies that it satisfies all necessary legal requirements as an entity to do business
with The School Board of Miami-Dade County, Florida.
3. I certify agreement with the School Board of Miami-Dade County Business Code of Ethics
and agree to comply with this Code and all applicable School Board contracting and
procurement policies and procedures.
4. I certify that I, nor my company or its principals, or any wholly owned subsidiary are currently
debarred or in default of any bid, purchase order or contract with the School board or any other
private or governmental entity.
I agree that this proposal cannot be withdrawn within 120 days from date due.
Visit our web site at procurement.dadeschools.net to download a vendor registration package. The website also displays Bids, RFPs, bid
opening, scheduled Selection Committee Meetings, award recommendations, and the current Board approved Procurement/Purchasing
Regulations.
Revised June 2026 ITN-25-053-MJ
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TABLE OF CONTENTS
Section 1 - Instructions to Proposers ................................................................................................................. 3
Section 2 - ITN Timetable ............................................................................................................................... 12
Section 3 - Special Conditions ........................................................................................................................ 13
Section 4 - Scope of Services ......................................................................................................................... 15
Section 5 - Minimum Qualification Requirements ............................................................................................ 23
Section 6 - Submission Requirements ............................................................................................................ 25
Section 7 - Evaluation/Selection Process ........................................................................................................ 27
Section 8 - Proposal Pricing ............................................................................................................................ 31
Section 9 - Insurance Requirements ............................................................................................................... 32
Section 10 - Forms and Exhibits .................................................................................................................... 33
Exhibit 1 Cover Page for Proposal
Exhibit 2 Affidavit Identifying Authorized Representative(s) for Selection Committee
Proceedings (ITN Process) (must be notarized)
Exhibit 3 Acknowledgment of Amendments
Exhibit 4 Local Business Affidavit of Eligibility (must be notarized)
Exhibit 5 Florida Statutes on Public Entity Crimes (must be notarized)
Exhibit 6 Vendor Experience
Exhibit 7 Anti-Collusion Statement
Exhibit 8 Disclosure of Employment of Former School Board Employees/Conflict of
Interest
Exhibit 9 Submitted Proposal Document Verification Form
Exhibit 10 Debarment (must be notarized)
Exhibit 11 Instructions for Certification
Exhibit 12 Proposer's Preference (must be notarized)
Exhibit 13 Drug-Free Workplace (must be notarized)
Exhibit 14 Statement of No Response (If applicable)
Exhibit 15 Proposed Contract Agreement
Exhibit 16 Bid Opening Instructions
Exhibit 17 Registration Instructions for Euna OpenBids (formerly DemandStar)
Exhibit 18 Statement of Intent to Perform as a Certified Subcontractor/Subconsultant
Exhibit 19 Certification of Compliance 6465 - Anti-Discrimination in Business Operations
and Practices (must be notarized)
Exhibit 20 Foreign Country of Concern Attestation (PUR 1355)
Exhibit 21 Vendor Affidavit Regarding the Use of Coercion for Labor and Services
Exhibit 22 Data Sharing Agreement
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SECTION 1
INSTRUCTIONS TO PROPOSERS
Board policies may be accessed at: http://www.dadeschools.net/schoolboard/rules/
CONE OF SILENCE is shown on the purchase order. This exemption does not apply to purchases
of tangible personal property made by Proposer who use the tangible personal
The School Board of Miami-Dade County, Florida ("Board") enacts a Cone of Silence from property in the performance of contracts for the improvement of Board-owned
issuance of a solicitation and shall terminate at the time when the agenda is published for real property as defined in Chapter 192 of the Florida Statutes.
the upcoming School Board meeting, wherein the Superintendent: (1) recommends an award
or approves a contract; (2) rejects all bids or responses, or (3) takes any other action that II. SUBMITTING OF PROPOSALS
ends the solicitation and review process. All provisions of School Board Policy 6325 apply.
A. Proposals must be submitted on forms furnished by the Board, in compliance with
A. "Cone of silence" means a prohibition on any communication regarding a particular the proposal submission requirements set forth under Section 6. Proposal
Request for Proposals (RFP), bid, invitation to bid, or other competitive solicitation submissions must be clearly marked with proposal number, proposal title and proposal
between opening date.
1. any person who seeks an award, including a potential vendor or vendor's B. ERASURES OR CORRECTIONS. When filling out the proposal form, Proposers
representative, an employee, partner, director, or officer of a potential vendor, or are required to complete proposal in ink.
consultant, lobbyist, or actual or potential subcontractor or sub-consultant of a 1. Use of pencil is prohibited.
vendor, or any other individual acting through or on behalf of any person seeking 2. All changes must be crossed out and initialed in ink.
an award; and
2. any School Board member or the member's staff, the Superintendent, deputy Those proposals for individual items that do not comply with items 1 and 2 above will
superintendent and their respective support staff, or any person appointed by be considered non-responsive for that item(s).
the Board to evaluate or recommend selection in the competitive procurement
process. C. PLACE, DATE AND HOUR. Electronic submission ONLY, in accordance with the
proposal submission requirements set forth under Section 6 and Exhibit 16. Proposals
B. A cone of silence shall be applicable to each RFP, bid, invitation to bid, or other received after the date and hour specified in the PROPOSER QUALIFICATION FORM
competitive solicitation during the solicitation, review, and proposed Board action of will not be considered.
bid proposals as appropriate. At the time of issuance of the solicitation, the
Superintendent shall provide public notice of the cone of silence and written notice, D. PUBLIC ENTITY CRIMES. Section 287.133(2)(a) Florida Statute, as currently
including electronic communication, to the Board, District staff and any other person enacted or as amended from time to time, states that a person or affiliate who has
involved in the review, evaluation, recommendation, approval, rejection, or award of been placed on the convicted vendor list following a conviction for a public entity crime
the responses as appropriate. The Superintendent shall include in any advertisement may not submit a bid on a contract to provide any goods or services to a public entity,
and public solicitation for goods and services a statement disclosing the requirements may not submit a bid on a contract with a public entity for the construction or repair of
of this section a public building or public work, may not submit bids on leases of real property to a
C. For unsolicited public-private partnership proposals, the cone of silence shall be in public entity, may not be awarded or perform work as a contractor, supplier,
accordance with Policy 6327, Public-Private Partnerships and Unsolicited Proposals, subcontractor, or consultant under a contract with any public entity, and may not
Competitive Solicitations, and Direct Negotiations Regarding Board-Owned Property transact business with any public entity in excess of the threshold amount provided in
and Resources. Section 287.017, for CATEGORY TWO [currently $25,000] for a period of 36 months
D. The cone of silence shall terminate at the time the when the agenda is published for from the date of being placed on the convicted vendor list.
the upcoming School Board meeting, where in the Superintendent:
E. SUBMITTING A "NO PROPOSAL." If not submitting a bid at this time, return the
1. Recommends and award or approves a contract; form entitled statement of "No Proposal".
2. Rejects all bids or responses, or
3. Takes any other action that ends the solicitation and review process. F. AVAILABILITY OF PROPOSAL INFORMATION. Immediately following the public
opening, bids may be read, upon request, and then compiled in a tabular form, a copy
I. PREPARATION OF PROPOSALS of which will be available for examination in Procurement Management Services.
A. PROPOSER QUALIFICATION FORM qualifies the Proposer and the proposal and G. TYPE OF BUSINESS ORGANIZATION AND AUTHORITY OF SIGNATORY.
must be completed and submitted as page 1 of the proposal. Indicate type of business organization: For example, Partnership, Limited Partnership,
Limited Liability Company, Corporation, etc. If a proposal is submitted by a
1. PERFORMANCE SECURITY shall not be submitted with the proposal. The form corporation, provide documentation that the corporation is active and authorized to do
of performance security the Proposer will submit when required to do so, must be business in the State of Florida, and that its corporate status shall remain active and
furnished and shall be made to The School Board of Miami-Dade County, Florida. unchanged at the time of award of proposal. As to other types of business
organizations, please provide any and all documentation relating thereto, including
2. PROPOSER CERTIFICATION AND IDENTIFICATION. Bid must contain an without limitation, verification that the party signing this Proposal is fully authorized and
original manual signature from an authorized representative. An unsigned bid will be empowered to do so on behalf of Proposer. In addition, set forth name(s) and title of
considered non-responsive. any and all parties who are authorized to contract on behalf of Proposer. If Proposer is
not registered to transact business in the State of Florida, Proposer must provide a
B. INSTRUCTIONS TO PROPOSER. Defines conditions of the proposal. copy of Proposer's current registration in their state of incorporation/ organization,
along with the applicable exemption to this requirement as set forth in Section
1. ORDER OF PRECEDENCE. Any inconsistency in this proposal shall be resolved 607.1501, Florida Statutes.
by giving precedence in the following order:
A. Specifications H. MISSING INFORMATION. Respondents who do not meet all the documentation
B. Special Conditions requirements for the ITN may be contacted to submit the missing information within 2
C. Instructions to Proposers business days. If the District requests missing documentation and does not receive
the documents within the stated deadline, incomplete or noncompliant proposals may
2. TAXES. The Board does not pay Federal Excise and State taxes on direct be disqualified.
purchases of tangible personal property. The applicable tax exemption number
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III. CANCELLATION OF PROPOSALS OR INVITATION TO NEGOTIATES A. Bond: Commodities (Other than Lease of Space) and Contractual Services
(Including Professional Services and Insurance) - Pursuant to F.S. 287.042(2)(c), any
An invitation for proposals may be canceled, in whole or in part, as may be specified person who files an action protesting a decision or intended decision pertaining to a
in the solicitation, when it is in the best interest of the Board. The reasons shall be solicitation or contract award shall post with the Board, at the time of filing the formal
made a part of the master proposal file. written protest, a bond secured by an acceptable surety company in Florida, payable
to The School Board of Miami-Dade County, Florida, in an amount equal to one percent
A. Prior to opening, a solicitation may be canceled in whole or in part, prior to the date (1%) of the Board's estimate of the dollar value of the proposed contract.
and hour specified in the PROPOSER'S Qualification Form for receipt of proposals,
when the Chief Procurement Officer, Procurement Management Services, determines 1. The Board shall provide the estimated contract amount to the protestor within
in writing, that such action is in the best interest of the Board for reasons including, but seventy-two (72) hours (excluding Saturdays, Sundays, and holidays when the
not limited to: Board administrative office is closed) after the filing of the Notice of Protest.
1. The Board no longer requires the services, The estimated contract amount is not subject to protest under this policy or
2. The Board no longer can reasonably expect to fund the F.S. 120.57(3). In lieu of a bond, the Board may accept a cashier's check or
procurement; money order in the amount of the bond.
3. A review of a valid protest filed by a PROPOSER, as may be
determined by the administrative staff; or 2. The bond shall be conditioned upon the payment of all costs and charges which
4. Proposed amendments to the solicitation would be of such may be levied against the protestor in the administrative hearing in which the
magnitude that a new solicitation is desirable. action is brought and in any subsequent appellate court proceeding.
B. When a solicitation is canceled prior to opening, notice of cancellation shall be 3. Pursuant to F.S. 287.042(2)(c), if, the Board prevails in the administrative
posted on the Board's website. Any proposals received for the canceled solicitation hearing process and any appellate court proceedings, it shall be entitled to
shall be returned to the Proposer unopened. recover all costs and charges which are included in the final order or judgment,
excluding attorneys' fees. Upon payment of such costs and charges by the
The notice of cancellation shall: person protesting the decision or intended decision or contract award, the
bond, cashier's check, or money order shall be returned to the protestor. If the
1. Identify the solicitation; protestor prevails, the protestor may recover from the Board the costs and
2. Briefly explain the reason for cancellation; and charges which are included in the final order or judgment, excluding attorneys'
3. Where appropriate, explain that an opportunity will be given to compete on any fees.
future re-solicitation for procurements of similar services.
B. Bond: Competitive Bids for Lease of Space -- Pursuant to F.S. 255.25(3)(c), any
IV. CHANGE OR WITHDRAWAL OF BIDS person who files an action protesting a decision or intended decision pertaining to
a competitive bid for space to be leased by the Board shall post with the Board, at
A. PRIOR TO BID OPENING. Should the Proposer desire to change or withdraw the time of filing the formal written protest, a bond payable to the Board in an amount
his/her bid, he/she shall do so in writing. This communication is to be received by the equal to one percent (1%) of the estimated total rental of the basic lease period or
District Director, of Procurement Management, Room 650, Perla Tabares Hantman $5,000, whichever is greater. The bond shall be conditioned upon the payment of
School Board Administration Building, prior to date and hour of bid opening. The all costs which may be levied against him/her in the administrative hearing in which
Proposers name, the bid number, the bid title and the date the bid is due must appear the action is brought and in any subsequent appellate court proceeding. If the Board
on the envelope. prevails in the administrative hearing process and any appellate court proceedings,
it shall recover all costs and charges, which are included in the final order or
B. AFTER BID OPENING. After bids are opened, they may not be changed, nor judgment, excluding attorneys' fees. Upon payment of such costs and charges by
withdrawn, for 120 days after the determined opening date, unless otherwise specified the person protesting the award, the bond shall be returned to him/her. If the person
on the "PROPOSER QUALIFICATION FORM." protesting the award prevails, the bond shall be returned to that person and she/he
shall recover from the Board the costs and charges which are included in the final
V. PROTESTS order or judgment, excluding attorneys' fees.
A Proposer, who wishes to file a proposal protest, must file such notice and follow C. Bond: Construction Purchasing - Construction purchasing is separately governed
procedures prescribed by F.S. 120.57(3) and Bylaw 0133, for resolution. by Board policy, and persons protesting competitive procurement related to
educational facilities shall be required to post a bond in the amount specified in F.S.
Protest of Specifications 255.0516, which also governs recovery of fees and costs including attorneys' fees.
Any notice of protest of the specifications contained in an Invitation to Negotiate (ITN), D. Staying the Procurement Process - Upon timely receipt of the formal written
Request for Proposals (RFP), or Invitation to Bid (ITB) shall be filed accordance with protest petition, and posting of the bond, the solicitation or contract award process
Board Rule 6320, Bylaw 0133 and/or F.S. 120.57. shall be stayed until the protest is resolved by final agency action, unless the Board
sets forth, in writing, particular facts and circumstances which require the
For a protest of the specifications contained in an Invitation to Negotiate (ITN), Request continuance of the solicitation or contract award process in order to avoid an
for Proposals (RFP), or Invitation to Bid (ITB), the Notice of Protest shall be filed in immediate and serious danger to the public health, safety, and welfare.
writing within seventy-two (72) hours after the posting of a solicitation. The Formal
Written Protest shall be filed within ten (10) calendar days after the date the notice of Protest of Bid Award
protest is filed. Failure to file a Notice of Protest or failure to file a Formal Written Protest
shall constitute a waiver of proceedings under this rule. The Formal Written Protest Any person who is adversely affected by the Board's decision or intended decision, shall
shall state with particularity the facts and law upon which the protest is based. file a Notice of Protest in writing with the Clerk of the Board, who shall maintain an office
Saturdays, Sundays, and legal holidays shall be excluded in the computation of the in the Board Administration building, within seventy-two (72) hours after the posting of
seventy-two (72) hour time period provided by this paragraph. the Board's decision or intended decision/action and shall file a Formal Written Protest
within ten (10) calendar days after filing the Notice of Protest. The protesting Proposer
Posting the Bond shall also be required to post a bond, consistent with this rule. Failure to file a Notice of
Protest or failure to file a Formal Written Protest shall constitute a waiver of proceedings
The protesting party shall post a bond in a form consistent with F.A.C. Rule 28- under F.S. Chapter 120.57. The formal written protest shall state with particularity the
110.005(2). A notice of decision or intended decision shall contain this statement: facts and law upon which the protest is based. Saturdays, Sundays, and legal holidays
"Failure to file a protest within the time prescribed in F.S. 120.57(3), or failure to post shall be excluded in the computation of the seventy-two (72) hour time period provided
the bond or other security required by law within the time allowed for filing a bond shall by this paragraph.
constitute a waiver of proceeding under F.S. Chapter 120."
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The Board's notice of intended action shall be posted the Friday preceding the Board's liable for any future payments due or for any damages as a result of termination under
Fiscal Accountability & Government Relations Committee meeting immediately prior to this section. Any individual or corporation or other entity that attempts to meet its
the Board meeting at which the contract will be awarded or approved. The notice of contractual obligations with the Board through fraud, misrepresentation or material
intended action can be found on the Procurement Management Services' website at: misstatement, shall have its Agreement with the Board terminated upon receiving
http://procurement.dadeschools.net/bidsol/asp/bid_portal.htm, under the NOTICES notice of the attempted fraud as determined by the Board.
section located on the top left hand side of the page. The Board's monthly Committee
meetings are posted on the District's Master Calendar page, which can be accessed via Notwithstanding Section 4 (VI) (E) hereinabove, if the Awarded Proposer fails to fulfill
the following link: https://www3.dadeschools.net/Meetings/home. To find the Board or comply with any of the terms of this Agreement, in whole or in part, the Board may,
Committee meeting for the current month, search under the "School Board and School at the Board's sole discretion, place the Awarded Proposer in default status and take
Board Committee Meetings" category from the drop down menu, which can be found any of the following actions:
under the MEETINGS LISTING section of the page.
(a) Provide the Awarded Proposer with fifteen (15) days from the date of notice from
Parties interested in obtaining records related to any items noted in the notice of the Board to cure the default. If the Awarded Proposer fails to cure the default
intended action shall submit a public records request to the District at within such time period or such other period of time as mutually agreed to in
prr@dadeschools.net. Such public records requests shall be addressed in accordance writing by the parties, the Board may terminate the Agreement upon fifteen (15)
with Chapter 119 of the Florida Statute. If a public records request is related to an intent days advance written notice.
to protest, parties may wish to include a notation of such intent in their request.
(b) Terminate the Agreement for cause upon thirty (30) days advance written notice,
The Formal Written Protest will be reviewed by Procurement Management Services, as outlined in Section 4 (VI) (E) hereinabove.
who will offer the protesting Proposer the opportunity to meet and discuss the merits of
the protest. If the protest is not resolved, the matter may be referred for proceedings, (c) Terminate the Agreement for cause immediately effective upon notice,
pursuant to F.S. 120.569 and 120.57. Petitions for hearing on protests pursuant to F.S. whenever the Board determines that the Awarded Proposer has jeopardized the
120.569 and 120.57 must be filed in accordance with Board Bylaw 0133 on quasi-judicial safety and welfare of the Board or the public or whenever the fiscal integrity of
proceedings. the Agreement has been compromised.
The "Notice of and/or formal written Protest" shall be filed with: (d) Invoke any other remedy or remedies that may be legally available.
The Office of the School Board Clerk Miami-Dade County Public Schools Upon receipt of a notice of termination, the Awarded Proposer shall cease incurring
1450 N.E. Second Avenue, Suite #311 Miami, Florida 33132 additional obligations under this Agreement.
Phone: (305) 995-1440
Fax: (305) 995-1448 In the event of termination for default, which may include, but is not limited to poor
E-Mail: Dllopiz@dadeschools.net performance and/or non-performance, the matter may be brought before the
celiarubio@dadeschools.net Contractor Disciplinary Review Committee which may recommend disbarment or
suspension pursuant to Board Policy 6320.04.
VI. AWARDS
F. PURCHASE ORDERS sent to Awarded Proposers are the official notification to
deliver services described therein; and the time allowed for delivery begins with the
A. RESERVATION FOR REJECTION OR AWARD. The Board reserves the right to
date of the purchase order. In the event that the Awarded Proposer fails to deliver the
reject any or all proposals, to waive irregularities or technicalities, and to request
services in accordance with the terms and conditions of the proposal and purchase
rebids.
order, the Proposer shall be considered to be in default of the Agreement and subject
to the default provisions stated in Section VI. G.
The Board reserves the right to utilize other governmental contracts, if in the best
interest of the Board.
G. DEFAULT. A Proposer who fails to perform according to the terms of the
Agreement (proposal) shall be considered in default. In the event of default, which
B. NOTIFICATION OF INTENDED ACTION will be posted on the Board's website no
may include, but is not limited to poor performance and/or non-performance, the
later than the Friday preceding a regularly scheduled Board meeting.
contractor Disciplinary Review Committee may recommend debarment or suspension
pursuant to Board Policy 6320.04.
C. OFFICIAL AWARD DATE. Awards become official upon the Board's formal
approval of the award.
H. BID DOCUMENTS. The intent of the bid documents is to include only the written
requirements for materials, equipment, systems, standards and workmanship
D. TERMINATION FOR CONVENIENCE
necessary for the proper execution and completion of the work by the Proposer. The
The Board reserves the right to terminate this Agreement at any time and for any
bid documents shall not be construed to create an entitlement to any other scope of
reason upon giving thirty (30) days' notice to the other party. If said Agreement should
work except as specified herein.
be terminated for convenience as provided herein, the Board will be relieved of all
obligations under said Agreement. The Board will only be required to pay that amount
I. DEBARMENT. Pursuant to Board Policy 6320.04 Contractor Discipline - Debarred
of the Agreement actually performed to the date of termination. Upon such payment,
contractors are excluded from conducting business with the Board as agents,
both parties shall be relieved of any further obligations under this Agreement.
representatives, partners, and associates of other contractors, subcontractors or
individual sureties.
E. TERMINATION OF AGREEMENT: In addition to the above, the Board may
terminate this Agreement upon thirty (30) days advance written notice to the Awarded
By signing this proposal, the Proposer certifies that neither the Proposer nor any of its
Proposer, for default of Awarded Proposer, or due to lack of, or cancellation of, grant
principals is presently debarred, suspended, or proposed for debarment or suspension
funds made available to the Board by a Federal grantor agency. Upon receipt of a
from conducting business with the School Board or any other state or local agency.
notice of termination, the Awarded Proposer shall cease incurring additional
The Proposer further agrees that, during the term of the Agreement with the Board, it
obligations under this Agreement. However, the Board shall allow the Awarded
shall immediately provide written notice to the M-DCPS Chief Procurement Officer,
Proposer to incur all necessary and proper costs, which the Awarded Proposer cannot
Procurement Management Services, if the Proposer or any of its principals becomes
reasonably avoid during the termination process. Each payment obligation of the Board
debarred, suspended, or proposed for debarment or suspension, by the School Board
created by this Agreement is conditioned upon the availability of funds that are
or any state or local agency. Any such debarment or suspension shall constitute a
appropriate or allocated for the payment of services or goods. If such funds are not
default under the Agreement and may result in the immediate termination of the
allocated and available, this Agreement may be terminated by the Board at the end of
Agreement by the School Board, at its sole discretion.
the period for which funds are available. The Board shall notify the Awarded Proposer
at the earliest possible time before such termination. No penalty shall accrue to the
Board in the event this provision is exercised, and the Board shall not be obligated or
VII. PURCHASES BY OTHER PUBLIC AGENCIES
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D. For all contracts involving Federal funds in excess of $10,000, the Board
With the consent and agreement of the Awarded Proposer(s), purchases may be made reserves the right to terminate the contract for cause, as well as for convenience,
under this bid by Miami-Dade County, Florida, and other governmental agencies or by issuing a certified notice to the PROPOSERS.
political subdivisions within the State of Florida. Such purchases shall be governed by E. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS
the same terms and conditions stated herein. This agreement in no way restricts or VERIFICATION SYSTEM": The Status Verification System, also referred to as
interferes with the right of any State of Florida Agency or political subdivision to rebid "E-verify", only applies to construction and Professional Service Contracts using
any or all of these items. federal funds.
STATUS VERIFICATION SYSTEM
VIII. BILLING 1. Each PROPOSER and each person signing on behalf of any PROPOSER certifies
as to its own entity, under penalty of perjury, that the named PROPOSER has
A. INVOICES. Each invoice shall be issued by the Awarded PROPOSER and shall registered and is participating in the Status Verification System to verify the work
be submitted in DUPLICATE to the Accounts Payable Section, P.O. Box 01-2570, eligibility status of the contractor's new employees that are employed in the State of
Miami, Florida 33101. Invoice delivery may also be via a PDF or WORD document Florida in accordance with Executive Order 13465.
email to: mdcpsvendorsstatements@dadeschools.net. To be considered for payment, 2. The PROPOSER shall require that the following provision be placed in each
each invoice must show the following information, which appears on the Purchase subcontract at every tier: "The subcontractor shall certify to the main (prime or general)
Order: contractor by affidavit that the subcontractor has verified through the Status Verification
System the employment status of each new employee of the respective subcontractor,
1. Purchase Order Number all in accordance with and to comply with all applicable employee status verification
2. Item Descriptions laws. Such affidavit must be provided prior to the notice to proceed for the
subcontractor to perform the work."
B. PAYMENT. Unless otherwise specified, payment will be made only after 3. The Board will not consider a proposal for award, nor will it make any award where
acceptance by the Board. Payment will be made only to the Awarded Proposer, unless there has not been compliance with this Section.
otherwise requested, in writing, by the Awarded Proposer and accepted by Board 4. Manually or electronically signing the Proposal is deemed the PROPOSER's
Administration. The PROPOSER expressly agrees that it will properly invoice for any certification of compliance with all provisions of this employment status verification
services within one year and that the failure to do so shall constitute a waiver of any certification required by all applicable status verification laws.
right to payment.
XI. COMPLIANCE WITH LAWS - PROPOSER shall comply with all federal, State of
IX. NO GRATUITY POLICY Florida and local laws applicable to it and the performance of its obligations under this
proposal.
It is the policy of Procurement Management Services not to accept gifts, gratuities, or
favors of any kind, or of any value whatsoever, from vendors, members of their staffs, XII. BACKGROUND SCREENING REQUIREMENTS
or families.
In accordance with the requirements of Sections, 1012.465, 1012.32, and 1012.467,
Florida Statutes, School Board Policies 6320 and 8475 as amended from time to time
X. COMPLIANCE WITH STATE/FEDERAL REGULATIONS
PROPOSER agrees that, if PROPOSER receives remuneration for services,
PROPOSER and all of its employees who provide or may provide services under this
A. All Agreements involving federal funds will contain certain provisions required by
Agreement will complete criminal history checks, and all background screening
applicable sections of CFR 34, Part 80.36(I) and Part 85.510, Florida Statute
requirements, including level 2 screening requirements as outlined in the above-
257.36, or Florida Administrative Code Chapter 1B and Appendix II 2 CFR 200.
referenced statutes and School Board Policies prior to providing services to the School
The Proposer certifies by signing the proposal that the Proposer and his/her
Board of Miami-Dade County.
principals are not presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in federally funded
Additionally, PROPOSER agrees that each of its employees, representatives, agents,
transactions and may, in certain instances, be required to provide a separate
subcontractors or suppliers who are permitted access on school grounds when
written certification to this effect.
students are present, who have direct contact with students or who have access to or
B. By signing the proposal, the Proposer shall comply with all applicable laws,
control of school funds must meet level 2 screening requirements as described in the
ordinances, codes, rules and regulations of federal, state and local governments,
above-referenced statues, and School Board Policies.
if required, for performance of any work under this Proposal. Proposers awarded
contracts involving Federal Funds and are cost reimbursable must be in Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature,
compliance with 7 CFR 210.21. Proposers awarded contracts involving Federal requirements for certain fingerprinting and criminal history checks shall be inapplicable
Funds must be in compliance with the Energy and Policy Conservation Act (42 to non-instructional contracted personnel who qualify for exemption from level 2
USC 6201). Proposers awarded contracts involving the employment of screening requirements as provided under 1012.468, Fla. Stat. (2007). In addition,
mechanics, laborers, or construction work must be in compliance with 40 USC the provisions of 1012.467, Fla. Stat. (2007) are incorporated herein by reference,
Chapter 37. Proposer attests it is not owned by the government of a Foreign and any provisions of this section that may be inconsistent with, contrary to, or
Country of Concern, and the government of a Foreign Country of Concern does determined to be in conflict with 1012.467, will be superseded by said statute.
not have a Controlling Interest in the entity. Proposers awarded contracts
involving Federal Funds must be in compliance with the prohibition on certain A noninstructional contractor who is exempt from the screening requirements set forth
telecommunications and video surveillance services or equipment (2 CFR in 1012.465, 1012.468 or 1012.467, Florida Statutes, is subject to a search of his
200.216). Proposers awarded contracts involving Federal Funds must be in or her name or other identifying information against the registration information
compliance with procurement of recovered materials (2 CFR 200.323). regarding sexual predators and sexual offenders maintained by the Department of Law
Proposers awarded contracts involving Federal Funds must be in compliance Enforcement under 943.043 and the national sex offender public registry maintained
with domestic preferences for procurements (2 CFR 200.322). Proposers by the United States Department of Justice. Proposer will not be charged for this
awarded contracts involving Federal Funds must be in compliance with search. Further, upon obtaining clearance by Board, if Board deems necessary, Board
Executive Order 11246 of September 24, 1965 entitled "Equal Employment will issue a Florida Public Schools Contractor Badge which shall be worn by the
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and individual at all times while on Board property when students are present.
as supplemented in Department of Labor Regulations (41 CFR Chapter 60).
C. During the term of any Agreement with the Board, in the event of debarment, PROPOSER agrees to bear any and all costs associated with acquiring the required
suspension, proposed debarment, declared ineligible or voluntarily excluded background screening - including any costs associated with fingerprinting and
from participation in federally funded transactions, the Proposer shall obtaining the required photo identification badge. PROPOSER agrees to require all its
immediately notify the Chief Procurement Officer, Procurement Management affected employees to sign a statement, as a condition of employment with
Services, in writing. Proposers will also be required to provide access to records, PROPOSER in relation to performance under this Proposal/ITN, agreeing that the
which are directly pertinent to the Agreement and retain all required records for employee will abide by the heretofore described background screening requirements,
three years after the Board, makes final payment. and also agreeing that the employee will notify the Contractor/Employer of any arrest(s)
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or conviction(s) of any offense enumerated in School Board Policies 6320 and 8475 transfers all public records to the School Board upon completion of the contract, the
within 48 hours of its occurrence. PROPOSER agrees to provide the Board with a list PROPOSER shall destroy any duplicate public records that are exempt or confidential
of all of its employees who have completed background screening as required by the and exempt from public records disclosure requirements. If the PROPOSER keeps
above-referenced statutes and who meet the statutory requirements contained therein. and maintains public records upon completion of the contract, the PROPOSER shall
Proposer agrees that it has an ongoing duty to maintain and update these lists as new meet all applicable requirements for retaining public records. All records stored
employees are hired and in the event that any previously screened employee fails to electronically must be provided to the School Board, upon request from the School
meet the statutory standards. PROPOSER further agrees to notify the Board Board's custodian of public records, in a format that is compatible with the information
immediately upon becoming aware that one of its employees who were previously technology systems of the School Board.
certified as completing the background check and meeting the statutory standards is IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF
subsequently arrested or convicted of any disqualifying offense. Failure by CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE
PROPOSER to notify the Board of such arrest or conviction within 48 hours of being PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
put on notice and within 5 business days of the occurrence of qualifying arrest or OF PUBLIC RECORDS AT 305-995-1128, prr@dadeschools.net, and 1450 NE 2
conviction, shall constitute a material breach of the Agreement entitling the Board to Avenue, Miami, Florida 33132.
terminate this Agreement immediately with no further responsibility to make payment
or perform any other duties under this Agreement.
XVII. ASSIGNMENT
XIII. COMPLIANCE WITH SCHOOL CODE
This Agreement may not be assigned nor may any assignment of monies due, or to
PROPOSER agrees to comply with all sections of the Florida K-20 Education Code, become due to PROPOSER, be assigned without the prior written agreement of Board.
Title XLVIII, Florida Statutes as it presently exists, and further as it may be amended If PROPOSER attempts to make such an assignment, such attempt shall constitute a
from time to time. Further PROPOSER agrees that failure to comply with the Florida condition of default.
K-20 Education Code shall constitute a material breach of this Agreement and may
result in the termination of this Agreement by the Board. XVIII. DAVIS-BACON ACT LABOR STANDARDS
XIV. CHARTER SCHOOLS This project may be funded in whole or in part under the provisions of the American
Recovery and Reinvestment Act of 2009. Therefore, the PROPOSER shall comply
Items or Services awarded under this Agreement shall be made available to Charter with all applicable provisions of 40 U.S.C. 276a-276a-7, the Davis-Bacon Act, as
Schools approved by the Board. Board is not responsible or liable for purchases that supplemented by the Department of Labor regulations (29 C.F.R., PART 5 "Labor
may be made by Charter Schools. Standards Provisions Applicable to Contracts Governing Federally Financed and
Assisted Construction") and Appendix II 2 CFR 200.
XV. CONFLICT OF INTEREST
XIX. LOBBYISTS
Former Miami-Dade County Public Schools employees, classified as Managerial
Exempt Personnel, Pay Grade 22 and above, Dade County School Administrators A. "Lobbyist" means a person, firm or corporation who is employed and receives
Association, Pay Grade 47 and above, and other equivalent positions, are prohibited payment from, or who contracts for economic consideration with, any principal,
from personally representing another person or entity or acting as an agent or attorney person or organization for the purpose of lobbying, or a person who is principally
for compensation in connection with any matter in which The School Board of Miami- employed for governmental affairs by another person or governmental entity to
Dade County, Florida, is interested, for two years after the Board employees' service lobby on behalf of that other person or governmental entity. For purposes of this
terminates. This provision is pursuant to School Board Policies 1129, 3129, 4129 and rule, the term "Lobbyist" specifically includes the principal as well as any agent,
Florida Statute 112.313(9). officer, or employee of a principal regardless of whether they are employees of
the principal whose normal scope of employment does not include lobbying
XVI. PUBLIC RECORDS LAW activities.
Pursuant to Florida Statute 119, it is the practice of Board to make available for public B. One who is not an employee of a principal is a "lobbyist" if s/he is retained as an
inspection and copying any information received in response to a Invitation to independent contractor or otherwise for payment or economic consideration by a
Negotiates (ITN). No action on the part of the respondent to a ITN will create an person or governmental entity to lobby an agency on behalf of that person or
obligation of confidentiality on the part of the Board, including but not limited to, making governmental entity.
a reference in the response to the trade secret statutes. It is recommended that
potential suppliers exclude from their response any information that, in their judgment, If a corporation, partnership, firm, or other business organization is retained for
may be considered a trade secret. payment or economic consideration to lobby on behalf of another person or
governmental entity, only the members, partners, associates, or employees of the
PROPOSER understands the broad nature of these laws and agrees to comply with entity who personally lobby on behalf of that person or governmental entity are
Florida's Public Records Laws and laws relating to records retention. The PROPOSER "lobbyists."
shall keep and maintain public records required by the School Board to perform the
service. The PROPOSER shall keep records to show its compliance with program C. The terms "payment" or "economic consideration" do not include receiving only
requirements. PROPOSER and subcontractors must make available, upon request of reimbursement for actual travel, lodging, and meal expenses
the School Board, a Federal grantor agency, the Comptroller General of the United
States, or any of their duly authorized representatives, any books, documents, papers, D. "Lobbying" means any oral or written communication, direct or indirect, with the
and records of the PROPOSER which are directly pertinent to this specific Agreement Board, members of the Board, Board Committees, Board administrative
for the purpose of making audit, examination, excerpts, and transcriptions. Upon assistants, Board Attorneys, or members of the District administrative staff,
request from the School Board's custodian of public records, provide the School Board including site administrators and instructional staff for the purpose of doing
with a copy of the requested records or allow the records to be inspected or copied business with the School District, the Board and/or schools, influencing any official
within a reasonable time at a cost that does not exceed the cost provided in this chapter action, non-action, or decision or attempting to obtain the good will of a Board
or as otherwise provided by law. PROPOSER shall ensure that public records that are member or employee of the School District.
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 XX. LOCALAND STATE VENDOR PREFERENCE
following completion of the contract if the PROPOSER does not transfer the records to
the public agency. The PROPOSER shall retain all records for five (5) years after final A. The School Board of Miami-Dade County, Florida adopted School Board Policy
payment is made or received and all pending matters are completed pursuant to Title 6320.05 which gives local preference to businesses located in Miami-Dade
34, Sections 80.36(b)(1). Upon completion of the contract, transfer, at no cost, to the County, Florida when evaluating the lowest responsible, responsive bid or
School Board all public records in possession of the PROPOSER or keep and maintain submittal for the purchase of goods and services, professional and construction-
public records required by the School Board to perform the service. If the PROPOSER
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