contract for grounds maintenance services between the ......contract for grounds maintenance...

Contract for Grounds Maintenance Services

Between

THE SCHOOL DISTRICT OF VOLUSIA COUNTY

and

GCA SERVICES GROUP, INC.

RFP NO. S-323GH

The School District of Volusia County

Purchasing and Warehouse Services

3750 Olson Drive

Daytona Beach, FL 32124

(386) 734-7190, ext. 50872

http://myvolusiaschools.org/purchasing

http://myvolusiaschools.org/purchasing


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Between


And

GCA Services Group, Inc.

This Contract is made and entered by and between GCA Services Group, Inc., a Ohio

corporation authorized to conduct business in the State of Florida, whose principal place of business is

located at 1350 Euclid Avenue, Suite 1500, Cleveland, OH 44115 (“Contractor”) and The School

District of Volusia County, a body corporate and politic and a subdivision of the State of Florida, whose

address is 3750 Olson Drive, Daytona Beach, FL 32124 (“District”).

WITNESSETH:

Whereas, the District requires a competent and qualified contractor to provide all grounds

maintenance services on all District sites, including equipment and supplies;

Whereas, the District has requested and received expressions of interest for the retention of

services of contractors;

Whereas, the District has determined that the Contractor is fully qualified to render the required

service; and

Whereas, it has been determined that the execution of this Contract is beneficial to the students

and parents of Volusia County.

NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by

reference, and other specific consideration set forth in this Contract, the receipt and sufficiency of which

is acknowledged by the Contractor and District, the parties agree and stipulate as follows:

Article 1

Definitions

A. The terms set forth in this Contract shall have the meanings set forth below or as set forth in the

body of the Contract. When not inconsistent with the context, words used in the present tense

include the future, words in the plural number include the singular number and words in the singular

number include the plural number.

1. Addendum: A written explanation, interpretation, change, correction, addition, deletion, or modification to the RFP which was issued by the District prior to the award of contract.

2. Amendment: An amendment to this Contract in writing by the Contractor and the District, approved by the Director of Purchasing and Warehouse Services, and signed by the Contractor

and the District of equal dignity herewith.

3. Article: An article of this Contract.

4. Awarded Contractor: Synonymous with the term “Contractor.”


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5. Bid Documents: The official forms on which the District required formal solicitations to be prepared and submitted by the respondent. Otherwise known as request for proposals or RFP

No. RFP-S-323GH dated March 15, 2013.

6. Board- The Volusia County School Board. The term may be used interchangeably with “District.”

7. Calendar day: Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions.

8. Compensation: The amount paid by the District to Contractor for services rendered under this Contract, regardless of whether stated as compensation or stated as hourly rates, overhead rates,

or other figures or formulas from which compensation can be calculated and which includes the

total monies payable to the Contractor under this Contract and which further includes all

services, labor, materials, supplies, travel, training, profit, overhead, costs, expenses, and any

other costs necessary to complete this Contract.

9. Contract: This Contract between the District and the Contractor covering the services requested from a formal solicitation. Unless otherwise specified, the term Contract shall be synonymous

with the term Contract Documents.

10. Contractor: The entity qualified to perform work under this Contract, GCA Services Group, a Ohio Corporation duly authorized to conduct business in the State of Florida.

11. Contractor's services: Those services within the Scope of Services of this Contract or any exhibit, attachment or addendum.

12. Contract Documents: Contract documents shall include but are not limited to the following: (1) this Contract and Exhibits A through E, (2) certificates of insurance and performance bond

provided by the Contractor and approved by the District, and, (3) any valid modifications or

amendments to this Contract issued after its execution.

13. District – The School District of Volusia County, Florida. The term may be used interchangeably with “Board.” Unless otherwise specified in this RFP, use of this term in the

context of action or activity by an individual or entity of the District shall refer to the

Superintendent.

14. District’s Project Manager: The Project Manager for this Contract shall be the Director of Maintenance and Operations, or designee, and shall have responsibility for the day to day

administration of this Contract for the District. The term District Contract Manager shall be

synonymous.

15. Deductions: The dollar amount District may deduct from submitted invoices for unsatisfactory and/or non-performance of the Contract by the Contractor in accordance with the provisions of

this Contract.

16. Effective Date: This Contract shall become effective at 12:01 a.m. on July 1, 2013.


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17. Firm: Any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the discipline for which the District is contracting.

18. Full Service Visit for Regular Grounds - Full service shall include, but not limited to, mowing, edging, trimming, weeding, pruning and power blowing.

19. Full Service Visit for Sports Fields - Full service for sports fields shall include, but not limited to, mowing, fertilization, and weed and insect control.

20. Grounds Maintenance Service- Providing all of the labor and equipment needed to maintain the grounds of any Volusia County School site ensuring the grounds are attractive, orderly and

healthy. To include but not limited to mowing, edging, weeding, trimming and power blowing.

This shall include all management, staff, training, chemicals, fertilizers, and all equipment

necessary to meet this standard.

21. Original Expiration Date: The date that this Contract is or was originally intended to expire excluding any extensions or renewals of this Contract for a time certain.

22. Outside Square Footage – Includes all turf, beds, retention areas and athletic fields

23. Proposal: The document submitted by the Contractor in response to the RFP.

24. Request for Proposal (RFP): That request for proposals issued by the District and numbered RFP No. S-323GH which sought proposals for services resulting in this Contract.

25. Scope of Services/Work: The general services/work to be performed by the Contractor to the District, herein defined in this Contract including responsibility for performing and complying

with the Project Specifications and requirements.

26. Services: Those services that are to be performed by the Contractor pursuant to this Contract.

27. State: State of Florida.

28. Subcontractor: A person or entity other than the Contractor who enters into a contract with the Contractor for the performance of any part of this Contract.

29. Superintendent – the Superintendent of Schools of the District or designee.

30. Supervisor of Grounds Maintenance- School Board personnel responsible for the grounds maintenance at a school or District site

Article 2

Exhibits and Order of Precedence

A. The following exhibits are attached hereto and incorporated herein as if fully set forth within the

body of this Contract:


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1. Exhibit “A” – the request for proposals (“RFP”) dated March 15, 2013;

2. Exhibit “B” – amendment no. 1 to request for proposals (“RFP”) dated March 28, 2013;

3. Exhibit “C” – the proposal submitted by Contractor in response to the RFP dated April 19,

2013;

7. Exhibit “D” – the fixed price for full service ground maintenance services and rates for

additional optional services of Contractor; and

8. Exhibit “E” – the list of locations and all square footage covered by the Services which were

included in the RFP.

B. In the event of any ambiguity, discrepancy or conflicting provisions, the order of precedence shall be

as follows:

1. In the event of a conflict between the Contract with Exhibits A-E, the Contract shall control;

and

2. In the event of a conflict between Exhibits A-B with Exhibit C, Exhibits A-B shall control.

C. Omission of any term or provision of Exhibits A through E from the body of this Contract shall not

be implied or construed to mean a waiver or change to that term or provision and shall continue to

apply unless otherwise provided in the body of this Contract.

Article 3

Scope of Services by Contractor

A. Scope of Services. The Contractor shall provide those grounds maintenance services, goods and

equipment under this Contract as specifically set forth in Exhibits A-B.

B. Staffing; work schedules.

1. The Contractor shall maintain, at a minimum, those staffing levels identified in article 6.0,

“Projected Staffing at Each Site,” in Exhibit C for all grounds maintenance services provided

to the District under this Contract and for that total fixed amount identified in Article 5,

paragraph A of this Contract. For purposes of this Contract, the total of 7 teams identified in

article 6.0 of Exhibit C are not assigned to particular sites within the District but shall provide

all Grounds Maintenance Services District-wide.

C. Performance Criteria.

1. The provision of all services, equipment, goods and supplies to the District by the Contractor

under this Contract shall be performed in accordance with the Contract Documents.

2. All services provided by the Contractor necessary to complete the Scope of Services shall be

performed in a good and competent workmanlike manner to the satisfaction of the District.


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3. The District shall not provide vehicles or equipment to the Contractor to perform the duties

required under this Contract nor will the District pay for any business, travel, or training

expense or any other contract performance expense not specifically set forth in this

Contract.

4. The Contractor is not exclusively bound to the District and may provide service to other

private and public entities.

5. Time is of the Essence. Time is of the essence for all work performed under this Contract and

all Projects performed in accordance herewith.

6. Independent Contractor. For each purpose related to this Contract, Contractor’s contractors,

or subcontractors approved in accordance with paragraph E of article 7 of the Contract, shall

be independent contractors with respect to the District and nothing herein shall create any

association, partnership, joint venture or agency relationship between them.

7. District and Contractor shall exhaust all methods to resolve issues, including but not limited

to, the Dispute Resolution procedures in article 14 of this Contract before any action is taken

to declare the District or Contractor in default of this Contract.

D. The Contractor shall provide services to the District under this Contract by utilizing, at a

minimum, and maintain in good working condition, that equipment equal or superior that

identified in article 2.0, page 7, paragraph 3, “Equipment,” in Exhibit C. The Contractor

shall be solely responsible for the maintenance and/or replacement of all equipment, fuel and

any other direct or indirect costs associated with the use equipment.

Article 4

Term of Contract

A. This Contract shall commence on the Effective Date of this Contract, July 1, 2013, for an

initial term of five (5) years and terminate on June 30, 2018, unless otherwise terminated at an

earlier date by the District or Contractor, with a subsequent five (5) year renewal permissible

upon mutual written consent by the Contractor and District and upon approval of the Board.

The expiration of the term of this Contract shall have no effect upon this Contract if renewed

by the parties. Said renewal shall be in writing and made a part of this Contract and shall

incorporate this Contract by reference.

B. The Services to be rendered by the Contractor shall be commenced, as specified in this

Contract, and shall be completed within the time specified therein.

Article 5

Compensation; fees

A. In consideration of the full and complete satisfactory performance of this Contract by the

Contractor, the District agrees to pay the Contractor monthly for goods and services rendered

and invoiced in accordance with this article at those fixed rates set forth in item 1 of Exhibit

D, attached hereto (which is Contractor’s Proposal bid sheet that is hereby accepted by the

District), totaling annually ONE MILLION TWO HUNDRED NINETY TWO THOUSAND

TWO HUNDRED THIRTY TWO AND 60/100 DOLLARS ($1,292,232.60) divided into


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twelve equal monthly payments of ONE HUNDRED SEVEN THOUSAND SIX HUNDRED

EIGHTY SIX AND 05/100 DOLLARS ($107,686.05) during the term of the Contract. Said

rates shall be applied to those locations and all square footage identified in Exhibit E attached

hereto. In the event the number of sites increases or decreases by action of the District during

the term of the Contract, the total annual amount due to Contractor shall be adjusted based on

the change in number of applicable site visits as set forth in item 1 on Exhibit E.

B. In addition to the rates set forth in item 1 of Exhibit E, the District may elect to utilize

additional services by Contractor at those rates set forth in item 2 of Exhibit E only upon the

express direction and request of the District Project Manager or designee.

On each anniversary of the Effective Date of the Contract, the rates specified in paragraph A

and paragraph B of this article may be increased or decreased, upon request by either party, by

the percentage increase or decrease in the Consumer Price Index, U.S. City average, as

published for the then previous twelve-month period, by the Bureau of Labor Statistics,

Department of Labor, not to exceed two percent (2%).

To the extent Contractor’s costs increase due to causes beyond Contractor’s control, the

District will discuss, in good faith, possible proposed solutions to mitigate such increases.

C. Commencing August 1, 2013, and on the first day of each month thereafter during the term of this Contract, the Contract shall submit a written invoice to District detailing the total amount owed to Contractor consistent with the rates specified in this article.. Payment shall be made by the District within thirty (30) days of receipt of said invoice, unless the invoice is contested due to error by Contractor to correctly specify the sum owed for that month by the District. Every invoice shall have clearly indicated the purchase order number the contractor is charging. Invoices shall be mailed directly to:


Finance Department P.O. Box 2118

DeLand, Florida 32721-2118 D. Costs to be paid by the District: The following costs will be paid by the district; the costs of

the following utilities:electric, water and sewage used by GCA to accomplish the Services at District sites; the provision of suitable office, office furnishings and secure equipment storage space at the District’s facilities to be identified by the District Project Manager; the cost of all waste removal and disposal from District’s facilities; the costs of the waste receptacles at the District’s facilities.

Article 6

Termination

A. Notwithstanding any other provision of the Contract Documents, this Contract may be

terminated by either party for its convenience by providing the other party with a ninety (90)

days written notice of termination. Furthermore, the district may terminate this Agreement for

non-appropriation upon of funds at least ninety (90) calendar days prior written notice to

Contractor. District may terminate for non-appropriation if the Board does not appropriate the

funding in any fiscal year necessary to pay the compensation set forth in the article 5.

District’s obligation to pay Contractor under this Contract is limited to the budgeted amount


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for the fiscal year approved by the Board for the then current fiscal year of this Contract.

Contractor shall have no right to compel the Board to appropriate funds for any fiscal year to

pay the compensation. This Contract may be terminated by a party upon the material breach

by the other party if the breach is not cured within thirty (30) days written notice to the

alleged breaching party.

B. After Contractor’s receipt of a notice of termination pursuant to paragraph A, the Contractor

shall:

1. Stop work under the Contract on the date specified in the notice of termination.

2. Place no further orders or subcontracts for materials, goods, services or facilities.

3. Terminate all orders and subcontracts to the extent that they relate to the

performance of Work or Services terminated by the Notice of Termination.

4. With the approval of the District and to the extent required by the District, settle all

outstanding liabilities and all claims arising out of such termination of orders and

subcontracts. District's and Contractor’s approval of such settlements shall be final

for all the purposes of Article 6.

C. After receipt of a notice of termination, the Contractor shall submit to the District its claim for

any compensation owed by District, which shall be limited to those amounts due for Services

performed through the date of termination under article 5. Such claim shall be submitted

promptly but in no event later than sixty (60) days from the effective date of termination,

unless one or more extensions in writing are granted by the Contract Administrator, upon

request of the Contractor made in writing within such sixty (60) days period or authorized

extension thereof.

D. Upon failure of the Contractor to submit its claim for compensation upon termination within

the time allowed, the District may determine, on the basis of information available to it, the

amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to

the Contractor the amount so determined. Contractor shall not be entitled, and waives any

claim for lost profits or reimbursement for expenses and costs, of any kind, made for services

rendered under this Contract in the event of termination of this Contract by the District.

E. If termination of this Contract occurs for any reason:

1. Except as otherwise provided in this Contract, Contractor shall return to the District

any public record related to this Contract in its possession in compliance with

chapter 119, Florida Statutes.

2. Any disputed amounts on any invoices shall be subject to the dispute resolution

process set forth in article 14.

Article 7

Responsibility of Contractor

A. Contractor’s performance of Work or Services shall be in accordance with the terms and


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conditions of this Contract. The Contractor’s performance of Work or Services shall be as a

professional contractor to the District to carry out the activities of the Scope of Services under

the direction of the District’s Project Manager.

1. Contractor represents, covenants, and agrees that there are no obligations,

commitments, or impediments of any kind that shall limit or prevent Contractor’s

performance of the Services under this Contract.

2. Contractor represents, covenants, and agrees that all of the Services to be furnished

by Contractor under this Contract from the inception of this Contract until the

termination of this Contract, shall be of the standard and quality that prevail among

similarly situated contractors engaged in the Contractor’s profession or practice in

the State of Florida under the same or similar circumstances involving the same or

similar Service.

3. Contractor covenants and agrees as follows:

a. That Contractor recognizes that its special talent, training, and experience

caused the District to select Contractor to perform services for the District;

b. That Contractor accepts the relationship of trust and confidence established

between Contractor and the District by this Contract;

c. That Contractor shall use commercially reasonable efforts, skill, judgment,

and abilities to perform all Services under this Contract;

d. Contractor represents, covenants, and agrees that its firm or business is duly

registered and licensed to conduct business in the State of Florida and that

the person executing this Contract is a duly authorized and designated

representative of Contractor directly in charge of the professional work and is

duly registered and licensed under Florida law and pursuant to this Contract;

e. Contractor represents, covenants, and agrees that it shall be liable for all

negligent errors or omissions proximately caused by Contractor, if any, in

judgment relative to the Services performed under this Contract;

f. Contractor covenants and agrees to furnish efficient business administration

of the Project and perform all Work or Services in an expeditious and

economical manner consistent with the standard of care applicable to a

Contractor with the degree of skills and diligence normally employed by a

licensed professional in his field, performing the same or similar services;

g. Contractor covenants and agrees that it shall, at its own cost, make good any

defects in its Services as soon as reasonably practicable following

notification of such defect. Should Contractor refuse or neglect to make

good such defects within a reasonable time, for defects which present an

immediate health or safety issue, after receiving notice requesting such

remedial work, then District shall be entitled to make good such defective


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Services at the expense of Contractor. This commitment by Contractor is in

addition to, and not in substitution for, any other remedy for defective

Services that District may have at law or in equity.

B. Assurance. Contractor gives District its assurance that all Services performed under this

Contract shall be timely performed in a competent and workmanlike manner and in

accordance with the specifications of the Contract Documents. Any Services not conforming

to the specifications and requirements of the Contract shall be considered materially

defective and constitute a breach of this Contract by the Contractor.

C. All Services performed by Contractor under this Contract shall comply with this Contract

and all applicable federal, state and local laws.

D. Contractor shall supervise and direct all Services it provides under this Contract.

E. Concerning Subcontractors

1. Contractor shall not employ any subcontractor or organization to perform any

services to the District under this Contract without the express written authorization

of the District. Nothing herein shall be deemed as a waiver of the screening

requirements for said subcontractor specified in article 11, Section E of this

Contract.

Article 9

Sovereign Immunity

A. The District expressly retains all rights, benefits and immunities of sovereign immunity in

accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any

section of the Contract to the contrary, nothing in the Contract shall be deemed as a waiver of

immunity of limits of liability of the District beyond any statutory limited waiver of

immunity or limits of liability which may have been adopted by the Florida Legislature or

may be adopted by the Florida Legislature and the cap on the amount and liability of the

District for damages regardless of the number or nature of claims in tort, equity or contract

shall not exceed the dollar amount set by the legislature for tort. Nothing in the Contract

shall inure to the benefit of any third party for the purpose of allowing any claim against the

District, which would otherwise be barred under the Doctrine of Sovereign Immunity or

operation of law.

Article 10

District Project Manager

A. The Services shall be provided by the Contractor under the direction of the District Project

Manager or designee.

B. Neither the District Project Manager’s review nor payment for any of the services required

under this Contract shall be construed to operate as a waiver of any rights under this

Contract.


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Article 11

Human Resources; Background Screening; and Security

A. Hiring of Existing District Staff

All non-supervisory, hourly utility crew – grounds maintenance (maintenance and operations) staff

members who were employed by the District through, and on active duty as of, June 30, 2013, shall

be hired by the Contractor effective July 1, 2013, if that is the employees’ desire at that time but only

if his or her 2012-2013 District performance evaluation was at a minimum rating of “meets

expectations.” Hiring of said individuals by Contractor is also contingent on satisfaction of the

criminal background screening requirements and standards specified in this article. Said eligible

individuals shall be paid at least $0.36 in addition to his or her District hourly wage in effect for that

employee by the District on June 30, 2013; shall be hired by Contractor as a full-time employee if he

or she was a full-time employee of the District as of June 30, 2013; and shall be hired by Contractor

as a part-time employee if he or she was a part-time employee of the District as of June 30, 2013;

granted the opportunity to participate in a 401K retirement plan set forth in section D, article 7.0,

“401K Retirement Plan” of Exhibit C, and shall receive the health benefits set forth in section E,

article 7.0, “Health Insurance Plans,” of Exhibit C. For purposes of this paragraph, “active duty,”

shall be a District employee that is not on District approved short or long term leave. The

opportunity for hire of a District employee provided for in this paragraph is also contingent of the

full execution by that District employee of a release form permitting the District to release the 2012-

2013 evaluation results to the Contractor. The release form shall be developed, and provided, by the

District.

B. Other Hires

Contractor shall compensate all other employees hired to perform services to the District under this

Contract those applicable hourly rates ranges and benefit packages identified in section C, article

7.0, of Exhibit C, grant those employees the opportunity to participate in a 401K retirement plan set

forth in section D, article 7.0, “401K Retirement Plan,” and offer the health benefits set forth in

section E, article 7.0, “Health Insurance Plans,” of Exhibit C.

D. Transition Plan

Unless otherwise directed in writing by the District, the Contractor shall comply with the proposed

transition plan specified in articles 5.0 and 7.0 of Exhibit C to fully prepare for initiation of all

services required by this Contract on July 1, 2013. The Contractor shall cooperate with the District

in taking those necessary steps to transition existing employees specified in paragraph A for

employment with the Contractor, including, but not limited to, attendance at meetings and

workshops with said employees and preparation and dissemination of information and brochures.

E. Fingerprints; Background Screening; Drug Screening

1. The Contractor expressly agrees and warrants that all contractors, employees and agents of the

Contractor that will perform services to the District under the Contract that will be permitted

access to any property or building of the District shall first meet the level 2 screening

requirements described in section 1012.32, Florida Statutes, for contractual personnel. Any such

contractors, employees and agents shall be presumed to have direct contact with students,

regardless of the time of day on District property or in a District building, and shall meet the


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background screening requirements sets forth in section 1012.465 and/or 1012.467 and

qualifications set forth in 1012.32, Florida Statutes.

2. Notwithstanding paragraph E.l., other provision of this Contract, statute, policy, or rule, all such

contractors, employees and agents of the contractor shall be subject to the same disqualifying

offenses applicable to employees of the District, which may be revised from time to time by the

District, state and federal law.

3. The Contractor will be responsible for coordinating with the District’s Office of Professional

Standards, (386) 734-7190, to have all employees screened as necessary and in strict compliance

with the procedures of the District. The fee schedule and other important information pertaining

to fingerprinting can be obtained on our website at http://myvolusiaschools.org under the

heading “Departments”, then “School Board”, then “Jessica Lunsford Act (JLA)”. Failure to

comply with this provision at any time during the term of the Contract shall be deemed a

material breach and may result in the immediate termination of Contract. All contractor

personnel, once fingerprinted and cleared to work on a District site, will be issued an

identification card per the fingerprinting clause and the Jessica Lunsford Act. Those former

district employees specified in paragraph A must be re-screened prior to having access to any

District property or building. All costs associated with the background screening requirements

of this Contract shall be borne exclusively by the Contractor.

4. Contractor(s) will be responsible for each employee they employ and utilize on any District site.

The Contractor shall require any employee or contractor it utilizes for the provision of services

under the Contract to inform the contractor and District within forty-eight (48) hours of arrest for

any felony. In addition, this reporting requirement shall apply to arrest for any offense identified

in section 1012.467(2)(g), Fla. Stat.

The District shall take into account the nature of the felony or other criminal charges, the intent

and age of the individual who committed the felony, and the date when the felony was

committed. The contractor(s) shall be held responsible for the accuracy of the data provided for

all employees when asked, and shall ensure updated changes are provided to the District

immediately upon their effective date.

5. Drug and alcohol screening shall be provided by Contractor in accordance with paragraph 6-7 of

Exhibit A and Addition 1 on page 4 of Exhibit B.

G. Identification Badges

Nothwithstanding any other provision of this Contract, statute, policy, or rule, all employees of the

Contractor performing services under this Contract will be required to wear a photo identification

badge with the employee’s name and the company logo at all times when on a District property or in

a District building. The form of the badge shall be subject to the approval of the District at the sole

expense of the Contractor.

H. Conduct; Authority of School Principals and Site Managers

Contractor employees will be expected to conduct themselves in an orderly fashion and adhere to the

District’s policies for dress, conduct and behavior that would otherwise apply to District employees.


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Contractor employees will refrain from using foul, abusive or profane language on school property.

The contractor(s) shall prohibit his employees from disturbing school property that is not within the

employee’s scope of responsibility.

Contractor(s) shall require their employees to comply with the instructions pertaining to conduct and

District regulations, issued by duly appointed officials, such as the principal, building manager etc.

The District Project Manager or designee may require that the contractor(s) immediately remove any

employee from working on District premises for violating any District policies or terms of this

Agreement. This may occur with no reason given.

The District reserves the exclusive and sole right to exercise the unfettered discretion to determine if

an employee or contractor of the Contract is permitted on any District property or in any District

building.

Any employee whose work habits and/or conduct are deemed objectionable or unacceptable, shall be

removed from the work force of Contractor performing services under this Contract upon request of

the District Project Manager.

I. Uniforms

The Contractor shall purchase for each employee providing services to the District under this

Contract at any District site, facility or building uniform shirts consistent with that proposed in

article 8.0 of Exhibit C.

J. Training

At a minimum, the Contractor shall provide that training specified in Exhibit C to employees

providing services to the District under this Contract.

Article 12

Insurance; Performance Bond

A. General Insurance Requirements

1. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida

Law to do business in the State of Florida and all insuring companies are required to have a

minimum rating of A- in the "Best Key Rating Guide" published by A.M. Best & Company, Inc.

2. Approval by District of any policy of insurance shall not relieve Contractor from its responsibility

to maintain the insurance coverage required herein for the performance of Work or Services by

the Contractor or its Subcontractors for the entire term of this Contract and for such longer

periods of time as may be required under other clauses of this Contract.

3. Waiver of Subrogation. The District and the Contractor hereby waive all rights against each other

and their Subcontractors to the extent of the risk coverage by any insurance policy required

hereunder for damages by reason of any claim, demand, suit or settlement (including workers’

compensation) for any claim for injuries or illness of anyone, or perils arising out of this Contract.

The Contractor shall require similar waivers from all its Subcontractors. This provision applies to


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all policies of insurance required under this Contract (including Workers’ Compensation and

general liability).

4. District Not Liable for Paying Deductibles. For all insurance required by Contractor, the District

shall not be responsible or liable for paying deductibles for any claim arising out of or related to

the Contractor’s business or any Subcontractor performing Work or Services on behalf of the

Contractor or for the Contractor’s benefit under this Contract.

5. Cancellation Notices. Notice of cancellation of any insurance policies required herein shall be

subject to ACORD 25 Certificate of Liability standards, and will be delivered, as applicable, in

accordance with policy provisions.

6. For any on-site Work performed by or on behalf of Contractor on District property, the District

shall be named as an additional insured or additional named insured subject to review and

determination by District’s Risk Manager on all policies required under this Contract.

7. For purposes of this Contract, Contractor shall not obtain an insurance policy with a deductible in

excess of $500,000 or self-insurance retention in excess of $500,000.

8. Claim Notice. The Contractor will be required to immediately report in writing to the District's

designated representative or agent any incident that might reasonably be expected to result in any

claim under any of the coverage mentioned herein. The Contractor will be required to cooperate

with the District in promptly releasing reasonable information periodically as to the disposition of

any claims.

B. Proof of Insurance

Certificates of Insurance, as outlined herein, shall be furnished to the District within thirty (30) days

of the notification of the intent to award the contract. Certificate of Insurance shall name the School

Board as an Additional insured where herein specified.

These Certificates shall be sent to:

Tom Sims, Director of Purchasing and Warehouse Services


Purchasing Department

Facilities-Maintenance Building

3750 Olson Drive

Daytona Beach, Florida 32124

C. Duration of Insurance Policies

All insurance policies herein specified shall be in force for the term of the contract and contain a

Rider that the insurance policies cannot be cancelled without a thirty (30) day prior written notice to

the parties insured.

D. Insurance Policy Review

Insurance certificates shall be submitted for review and approval by the School Board's Insurance


Page 15 of 22

and Employee Benefits Department. Said policies shall be in form and content satisfactory to the

District's said representatives. Said policies shall also name the District as an additional insured

party where specified herein.

1. The Respondent shall furnish proof of insurance reasonably acceptable to the District prior to or

at the time of execution of the Contract and the Contractor shall not commence Work or provide

any Service until the Contractor has obtained all the insurance required under the Contract and

such insurance has been filed with and approved by the District. During the term of the

Contract, the Contractor shall also be responsible for providing the District with copies of

notices of cancellation or any other changes in the terms and conditions of the original

insurance policies approved by the District.

2. The Contractor and its subcontractors shall be required to furnish evidence of all required

insurance in the form of certificates of insurance which shall clearly outline all hazards covered

as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates.

3. The certificates shall clearly indicate that the Contractor has obtained insurance of the type,

amount and classification required by these provisions. The Contract may be terminated by the

District, without penalty or expense, if proof of any insurance required hereunder is not

provided to the District for review and to confirm compliance within thirty (30) days of

District’s written request. The Contractor shall file replacement certificates at the time of

expiration or termination of the required insurance occurring during the term of this Agreement.

In the event such insurance lapses, the District expressly reserves the right to pursue the

remedies outlined in this Agreement.

4. Contractor shall provide District with at least 30 days written notice prior to the expiration or

cancellation of coverage afforded under the applicable policies.

E. Required Types of Insurance.

The Contractor shall purchase and maintain, at its own expense, during the term of this Contract the

following types and amounts of insurance in the form and from companies satisfactory to the

District.

1. Worker’s Compensation

Contractor(s) must comply with FSS 440, Workers’ Compensation and Employees’ Liability

Insurance with minimum statutory limits.

2. Comprehensive General Liability

Commercial General Liability insurance, with a combined single limit of not less than ONE

MILLION DOLLARS ($1,000,000) and if the insurance is provided with a general aggregate,

the aggregate limit shall be not less than THREE MILLION DOLLARS ($3,000,000) combined

single limit commercial general liability insurance on an occurrence basis (including coverage

for the Contractor’s operations), independent consultants, subcontractors and “broad form”

property damage coverages) protecting itself, its employees, agents, consultants or subsidiaries,

and their employees or agents for claims for damages caused by bodily injury, property damage


Page 16 of 22

or personal injury including what is commonly known as groups A, B, and C (libel, false arrest,

slander). Such policies shall include coverage for claims by any person as a result of actions

directly or indirectly related to the employment of such person or entity by the Contractor or by

any of its subcontractors doing work in connection with Services performed under this

Agreement. Public liability coverage shall include either blanket contractual insurance or a

designated contract contractual liability coverage endorsement, indicating expressly the

Contractor’s contract to hold the District harmless. The District shall be named as an additional

named insured for the aforementioned coverage. Property damage liability coverage shall

provide "X", "C," or "U" coverage as applicable.

a. Subrogation. Contractor shall subrogate to District the right to sue and recover damages

or payments from any party (including an insurance carrier), by reason of any claim,

demand, suit or settlement arising out of this Agreement for any claim for damages

including bodily injury, property damage, or personal injury of anyone that is covered by

Commercial General Liability insurance obtained pursuant to this Article 15.

3. Business Automobile Liability

The Contractor shall secure and maintain during the term of this Agreement, motor vehicle

liability insurance coverage with the split limit amounts of a minimum of ONE MILLION

DOLLARS person / THREE MILLION ($1,000,000/$3,000,000) (bodily injury) per occurrence

combined single limit Business Automobile Liability insurance (including “Any Auto”

coverage), and ONE MILLION DOLLARS property damage protecting itself, its employees,

agents, lessees or subsidiaries and their employees or agents, against claims for damages caused

by bodily injury or property damage arising from the ownership, maintenance, or use of a motor

vehicle.

4. Excess/umbrella liability

Excess/Umbrella Liability. The Contractor shall obtain an excess liability policy in addition to

the scheduled policies required in this Contract in the amount of ONE MILLION DOLLARS

($1,000,000.00). The Excess/Umbrella Liability shall be endorsed to provide the Designated

Aggregate Per Location Endorsement ISO form CG 25 04 05 09 or equivalent.

a. The insurance shall name the District as an additional named insured and include either

blanket contractual or a designated contract contractual coverage endorsement, indicating

expressly the Contractor’s agreement to hold the District harmless.

F. Performance Bond

At the time of execution of the Contract by the District, the awarded proposer(s) shall furnish the

District Director of Purchasing and Warehouse Services a performance and payment bond in the

amount of twenty five (25) percent of the total first year annual contract price as specified in

paragraph A of article 5 of this Contract on the date of execution of this Contract, containing all

obligations required by Florida Law and executed by a surety company satisfactory to the Board and

licensed to do business in Florida and otherwise in a form approved by the District. The purpose of

the performance bond is to afford the District those funds necessary to have another provider

perform the services under the Contract that the contractor is required, but failed to, perform through


Page 17 of 22

breach of the Contract.

Article 13

Local government policies

A. Public Records Law. Contractor acknowledges that the District and Contractor are required to

comply with the Florida Constitution, and Chapter 119, Florida Statutes (“public records laws”), in

the handling of the materials created under this Contract and that said statute controls over the terms

of this Contract. The Contractor agrees to comply with all provisions of such public records laws as

they apply to the Contractor. The Contractor shall indemnify, defend and hold harmless the District

for any claim or litigation arising out of alleged violation of such public records laws by Contractor

which is caused by Contractor’s failure to abide by the written interpretation of the Chief Counsel

for the District on any particular records request or claim by any person or entity that involves

records in possession of the Contractor that were not in possession of the District, provided that the

District has given Contractor reasonable opportunity to respond to the request.

B. Financial Records. Contractor agrees to maintain such financial records and other records as may be

reasonably prescribed by the District or by applicable federal and state laws, rules, and regulations.

District shall have the right to reasonably audit inspection reports, Contractor invoices to the District,

equipment purchases by Contractor that are buyback protected and that are directly related to this

Contract and employee fingerprint records. Contractor shall keep such books, records, and accounts

as may be necessary in order to record complete and correct entries related to this Contract.

Contractor shall preserve and make available, at reasonable times for examination and audit by

District, all financial records, supporting documents, statistical records, and any other documents

pertinent to this Contract for a minimum period of three (3) years after termination of this Contract.

If any audit has been initiated and audit findings have not been resolved at the end of the retention

period of three (3) years the books, records, and accounts shall be retained until resolution of the

audit findings; provided, however, that it shall be District’s responsibility to notify Contractor of the

pendency of such audit. Any incomplete or incorrect entry in such books, records, and accounts

shall be a basis for District's disallowance and recovery of any payment upon such entry.

C. No Contingent Fees.

1. Neither Contractor nor any parent or subsidiary corporation has paid or agreed to pay any

persons, company, corporation, individual or firm, other than a bona fide employee working

solely for Contractor, any fee, commission, percentage, gift, or other consideration, in each case

contingent upon or resulting from the award or making of this Contract. For the breach or

violation of this provision, District shall have the right to terminate the Contract at its discretion,

without liability and to deduct from the Contract price, or otherwise recover, the full amount of

such fee, commission, percentage, gift, or consideration.

D. Changes Due to Public Welfare. The District and Contractor agree to enter into good faith

negotiations regarding modifications to this Contract which may be required in order to implement

changes in the interest of the public welfare or due to change in law or ordinance.

E. Compliance with Applicable Laws. Contractor shall perform its obligations hereunder in accordance

with all applicable federal, state and local laws, ordinances, rules, and regulations. Contractor shall

protect and indemnify District and all its officers, agents, servants and employees against any claim


Page 18 of 22

or liability arising from or based on the violation of any such law, ordinance, rule, or regulation

committed by Contractor, its representatives, subcontractors, professional associates, agents,

servants or employees. Additionally, Contractor shall obtain and maintain at its own expense all

applicable licenses and permits to conduct business pursuant to this Contract from the federal

government, State of Florida, District or municipalities when legally required and maintain same in

full force and effect during the term of this Contract.

Affordable Care Act Compliance: Each party acknowledge, represent and warrant that each is aware

of and understands the Patient Protection and Affordable Care Act (“PPACA”) enacted on March

23, 2010, and that each party is complying with all laws, rules and regulations under the PPACA.

Each party assumes the entire responsibility and liability for any and all damages or claims of any

nature whatsoever related to their own noncompliance or participation in the PPACA as it applies to

their respective employees.

F. Drug Free Workplace. The District is a drug-free and smoke-free workplace. Contractor agrees that

it shall provide a drug-free environment to its personnel during the Terms of this Contract and will

comply, subject to the prior receipt thereof, with the District’s policies on drug-free and smoke-free

work place during the term of this Contract.

G. Employment of Illegal Aliens. Contractor certifies that it does not knowingly or willingly and will

not during the performance of the Contract employ illegal alien workers or otherwise violate the

provisions of the Federal Immigration Reform and Control Act of 1986, as amended.

H. Nondiscrimination and Americans with Disabilities Act. Contractor shall not unlawfully

discriminate against any person in the operations and activities in the use or expenditure of the funds

or any portion of the funds provided by this Contract. Contractor agrees it shall affirmatively comply

with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of

providing all Services funded by District, including Titles I and II of the ADA (regarding

nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and

standards. In performing under this Contract, Contractor agrees that it shall not commit an unfair

employment practice in violation of any state or federal law and that it shall not discriminate against

any member of the public, employee or applicant for employment for work under this Contract

because of race, color, religion, gender, sexual orientation, age, national origin, political affiliation,

or disability and will take affirmative steps to ensure that applicants are employed and employees are

treated during employment without regard to race, color, religion, gender, sexual orientation, age,

national origin, political affiliation, or disability.

Article 14

Dispute resolution

A. The parties to this Contract shall exercise commercially reasonable efforts to negotiate and settle

promptly any dispute that may arise with respect to this Contract in accordance with the provisions

set forth in this Section. The Contractor and District Project Manager shall use reasonable efforts to

arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and

places, to address and work toward resolution of issues that arise in performance of this Contract and

any applicable Scope of Services. Issues shall be escalated to successive management levels as

indicated in paragraph C of this article.


Page 19 of 22

B. If a dispute develops between the parties concerning any provision of this Contract, or the

interpretation thereof, or any conduct by the other party under this Contract and the parties are

unable to resolve such dispute within five (5) days, that party, known as the Invoking Party, through

its applicable Project Manager, shall promptly bring the disputed matter to the attention of the non-

Invoking Party’s Project Manager or designated representative, as the case may be, of the other party

in writing (“Dispute Notice”) in order to resolve such dispute.

C. Upon issuance of a Dispute Notice, the parties shall furnish to each other all non-privileged

information with respect to the dispute believed by them to be appropriate and germane. The parties

shall negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. If

such dispute is not resolved by the parties within five (5) business days, the Project Managers or

designated representative(s) shall escalate the dispute as indicated below.

Business

Days

Contractor’s Representative District Representative

5 Contractor’s Manager at the District Project Manager

10 Contractor’s Regional/District

Manager or designee

Director of Purchasing and

Warehouse Services

15 Contractor’s Vice President or

designee

Superintendent or designee

D. Formal Dispute Resolution. At any point after issuance of a Dispute Notice under this section, either

party may initiate formal non-binding mediation before a single mediator, which mediation shall be

completed within thirty (30) days of initiation in accordance with the rules of practice and procedure

adopted by the Supreme Court of Florida for court-ordered mediation, Rule 1.700 et seq. of the

Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains

unresolved after conducting such mediation, then either party may proceed to finalize such

termination remedies and commence litigation in a court of competent jurisdiction. If litigation is

prematurely commenced, it shall be stayed until the mediator makes the required certification.

Notwithstanding anything herein to the contrary, the Parties shall not be required to pursue

mediation pursuant to this paragraph 14.D to the extent the dispute relates to the non-payment of

Contractor by the District.

Article 15

Force majeure

A. Except for the payment of monies owed for services already provided, neither party will be liable for

any failure or delay in the performance of its obligations under this Contract (and the failure or delay

will not be deemed a default of this Contract or grounds for termination) if both of the following

conditions are satisfied: (i) the failure or delay could not have been prevented by reasonable

precautions, and cannot reasonably be circumvented by the non-performing party through the use of

alternate sources, work-around plans, or other means; and (ii) the failure or delay is caused, directly

or indirectly, by reason of fire or other casualty, natural disaster, epidemic or accident; strikes or

labor disputes; inability to procure raw materials, equipment, power or supplies; war, terrorism or

other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any

governmental agency or intergovernmental body other than a party hereto; or any other act or

condition beyond the reasonable control of the non-performing party. Accordingly, the parties


Page 20 of 22

further agree that:

1. Upon the occurrence of an event which satisfies both of the above conditions (a "Force Majeure

Event"), the non-performing party will be excused from any further performance of those

obligations under this Contract affected by the Force Majeure Event for as long as (a) the Force

Majeure Event continues; and (b) the non-performing party continues to use commercially

reasonable efforts to recommence performance whenever and to whatever extent possible

without delay.

2. Upon the occurrence of a Force Majeure Event, the non-performing party will notify the other

party within two (2) business days of the failure, or as soon as possible after such failure or

delay if the Force Majeure Event prevents compliance within two (2) business days, of the

occurrence of a Force Majeure Event and will describe in reasonable detail the nature of the

Force Majeure Event.

3. In the event of a Force Majeure Event, the time for performance by the parties under the

applicable Project shall be extended for a period of time equal to the time lost by reason of such

cause through execution of a Change Order pursuant to the terms of this Contract.

Article 16

Claims notice

A. The Contractor shall timely report in writing to the District's Director of Insurance and Employee

Benefits any incident which it believes might result in a claim or claims against the District under

any of the coverages mentioned herein.

Name: Director of Insurance and Employee Benefits Department


Address: P.O. Box 2118

DeLand, FL 32721-2118

Telephone: (386) 734-7190, ext. 20300

Article 17

Assignment

A. Neither party may assign or otherwise convey such party’s rights and/or obligations under this

Contract without first obtaining the other party’s prior written consent. Any consent under this

section shall be by written amendment to the Contract in a form and substance specified by the

District in its sole discretion.

B. Failure by the Contractor to obtain the consent in accordance with this section prior to assignment or

other conveyance shall: 1) constitute a material breach of the Contract; and 2) entitle the other party

to retain any and all legal rights, claims and defense to enforce this section, including, but not limited

to, injunctive, declaratory, damages and attorney’s fees and costs. Payment of any sum by the

District in accordance with the Contract to the Contractor or any person or entity prior to the

Contractor obtaining the District’s consent to the assignment shall not constitute a waiver of the

rights of the District under this section.


Page 21 of 22

C. Nothing herein shall preclude the right of the either party to waive its rights under this section but no

waiver shall be granted by either party without amendment to the Contract.

Article 18

Additional rights and remedies

A. The rights and remedies of the Parties provided for under this Contract are in addition to any other

rights and remedies provided by law; the Parties may assert their right of recovery by any

appropriate means including, but not limited to, set-off, suit, with-holding, recoupment, or

counterclaim, either during or after performance of this Contract.

Article 19

Controlling law

A. This Contract is to be governed by the laws of the State of Florida. Venue for any litigation between

the parties to this Contract shall be in state court in the Volusia County, Florida and any trial shall be

non-jury. Each party agrees to bear its own costs and attorney’s fees relating to any dispute arising

under this Contract.

Article 20

Amendment; completeness; not an offer

A. This Contract and any exhibits and any amendments may only be amended, supplemented, modified

or canceled by a written amendment duly executed by the parties hereto of equal dignity herewith.

B. This Contract, together with any exhibits, schedules, attachments and amendments thereto, and

constitute the entire Contract between District and Contractor and supersede all prior written or oral

understandings.

C. The exchange of the this proposed Contract between the parties shall not constitute an award of

contract to the Contractor, nor offer by the District to Contractor. This Contract is subject to

approval of the Board, in its sole discretion, before having any legal effect.

Article 21

Notice

A. All notice required under this Contract shall be in writing and shall be sent by certified United States

Mail or national parcel service, postage prepaid, return receipt requested, or by hand-delivery with a

written receipt of delivery, addressed to the party for whom it is intended at the place last specified.

The place for giving notice shall remain the same as set forth herein until changed in writing in the

manner provided in this section. For the present, the parties designate the following:

In the case of District: with a copy to:

Director of Maintenance and Operations


3750 Olson Drive

Daytona Beach, FL 32124

Chief Counsel


P.O. Box 2118

DeLand, FL 32721-2118


Page 22 of 22

In the case of Contractor: with a copy to:

GCA Services Group, Inc.

1350 Euclid Ave., Suite 1500

Cleveland, OH 44115

Attention Legal Department

GCA Education Services, Inc.

4702 Western Ave., Suite 101

Knoxville, TN 37921

Attention Buddy Helton, Division President

Article 23

Confidential Information and Proprietary Materials

A. The Contractor understands that the District is subject to the Florida public records law, chapter 119, Florida Statutes. Any claim by exemption from the public records law asserted by the

Contractor shall be submitted in writing with pinpoint references to applicable law justifying the

exemption to the Chief Counsel to the District for evaluation. Determination by the Chief

Counsel for the District shall be final.

Article 24

No Third Party Beneficiaries

A. Nothing in the Contract Documents shall be interpreted to create any cause of action against the

District or Contractor, in law or in equity, or be relied upon, by a third party.

IN WITNESS WHEREOF, the parties have made and executed this Contract, the day and

year first below written.

The School District of Volusia County GCA Services Group, Inc.

By: ___________________________ By: _____________________________

Name: Diane Smith Name: Buddy Helton

Title: Chairman Title: Division President

Date: _________________________ Date: _____________________________

ATTEST: ATTEST:

By: ___________________________ By: _____________________________

Name: Margaret A. Smith Name: _____________________________

Title: Superintendent Title: _____________________________

Date: _________________________ Date: _____________________________

EXHIBIT A

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RFP #S-323GH Grounds Maintenance

The School District of Volusia County P.O. Box 2118 Deland, FL 32721-2118

March 15, 2013 RFP #S-323GH Grounds Maintenance

REQUEST FOR PROPOSAL

The District wishes to solicit proposals to provide grounds maintenance, including all labor and

all equipment, for all of the District sites. Parties interested in being considered for this request

shall submit the information and documentation required in the attached Request for Proposal

(RFP), to the attention of:

Gary Hopkins, Supervisor of Purchasing


Purchasing Department

Facilities-Maintenance Building

3750 Olson Drive

Daytona Beach, Florida 32124

not later than 2:00 P.M., Friday, April 19, 2013.

There will be a mandatory pre-bid conference, which will be held on Monday, March 25,

2013, 10:00 A.M. in the Bid Conference room (room # 031) located at 3750 Olson Drive,

Daytona Beach, FL 32124. All potential bidders must be in attendance. All bidders will be

asked to sign-in as proof of attendance. The conference will discuss the District’s expectations

of the grounds maintenance staff and the scope of work, followed by a question and answer

period. All potential bidders wanting to participate and be considered for this service must

attend this conference. All proposals received from bidders not in attendance will be rejected

without exception.

All inquiries regarding the specifications and requirements of this RFP shall be directed to Gary

Hopkins, Supervisor of Purchasing, at (386) 734-7190, extension 20585,

[email protected] and at the above address. Inquiries must be submitted in writing.

Questions may also be faxed to (386) 506-5056.

The District looks forward to your response.

Sincerely,

Gary Hopkins

Supervisor of Purchasing

mailto:[email protected]

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RFP #S-323GH for Grounds Maintenance

RFP#S-323GH Grounds Maintenance

Table of Contents Part I – General Information………..………..p.8 Part V – Contractor Insurance Requirements…p.22

1-1 Purpose; Background 5-1 Proof of Insurance

1-2 District Information 5-2 Duration of Insurance Policies

1-3 Delivery of RFP 5-3 Insurance Policy Review

1-4 Local Conditions 5-4 Worker’s Compensation

1-5 Rights of the District 5-5 Comprehensive General Liability

1-6 Lobbying 5-6 Business Automobile Liability

1-7 Default 5-7 Excess/Umbrella Liability

1-8 Legal Requirements 5-8 Claim Notice

1-9 Florida Preference

1-10 Federal & State Tax Part VI – Contractor Employee Requirements..p.25

1-11 Conflict of Interest 6-1 Personnel

1-12 Indemnification / Hold Harmless Agreement 6-2 Employee Backgrounds

1-13 Public records Law 6-3 Conduct

1-14 Intellectual Property Rights 6-4 Employee Experience

1-15 Developmental Cost 6-5 Employee Dress Code

1-16 Indulgence 6-6 Break Areas and Restrooms

1-17 Public Entity Crimes 6-7 Drug and Alcohol Testing

1-18 Assignment of Contract and /or Payment

1-19 Possession of Firearms Part VII – Contractor Requirement..…………..p.27

1-20 Smoke and Tobacco Free Environment 7-1 Compensation Schedule & Benefits Package

1-21 Agreement 7-2 Taxes

1-22 Joint Proposal 7-3 Training

1-23 Venue and Governing Laws 7-4 Security

1-24 Relationship 7-5 Supervision

7-6 Safety Standards

Part II – Proposal Schedule and Time Line….p.14 7-7 Material Safety Data Sheets

2-1 Proposal Submittals 7-8 Damage

2-2 Proposal Withdrawal

2-3 RFP Schedule Part VIII – Expectations of Service………….…p.29

2-4 Site Location / Visitations 8-1 Nature of Proposal

2-5 RFP Inquiries 8-2 Expectations of Awarded Contractor

8-3 Level of Acceptable Appearance/ Evaluations

Part III – Proposal, Evaluation, Award Criteria, 8-4 Noncompliance of the Contract

Recommendation Information……………..…p.16 3-1 Proposal Evaluation Process Part IX – Service Requirements…………………p.30

3-2 Evaluation Criteria 9-1 Service Hours / Scheduling

3-3 Preparation and Submission 9-2 Service Days

3-4 Method of Award 9-3 Equipment and Chemical Storage

3-5 Posting of RFP Recommendation / Tabulation 9-4 Equipment and Chemicals

3-6 Cancelation of Award / Termination 9-5 Gate Keys

9-6 Safety Standards

Part IV – Administrative Requirements………p.21 9-7 Plant Life Replacement

4-1 Period of Contract 9-8 Irrigation System Damage

4-2 Fingerprints; Background Screening 9-9 Utilities

4-3 Identification Badges 9-10 Signs

4-4 Invoicing 9-11 Installation / Removal of Portables

4-5 Payment 9-12 90-Day Evaluation Period

4-6 Performance Bond 9-13 Additional Schools / Sites

4-7 Contract Price Adjustments 9-14 Emergencies

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RFP#S-323GH Grounds Maintenance

Table of Contents

Part X – Scope of Work………………………………….…………..…...p.33

10-1 Expectations of Site Services

10-2 Services

10-3 Modifications or Changes to Scope of Work

10-4 Service calls

10-5 Additional Services

10-6 Changes on Services

Signature Form…………………………………….…………………..….p.40

Bid Response Pricing Sheet Form………………………...………….…..p.41-42

Drug-Free Workplace Certification Form……………..…………..…...p.43

Appendix A- 2013-2014 District School Calendar…………………...….p.44

Appendix B-Site Locations & Contact information………………...…..p.45-49

Appendix C-Estimated Square Footages………………………...………p.50-52

Appendix D-Chemicals Currently Used on Sports Fields…………..…..p.53

Appendix E-Volusia County School Board AFSCME SALARY

SCHEDULE FY 12-13 For Grounds Maintenance Employees…….….p.54

Appendix F-Grounds Inspection Report………………………….…..…p.55

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Definitions

For the purpose of this RFP, the following terms, phrases, words and their derivations shall have

the meaning given herein. If a word or phrase is not defined in this Section, the definition of such

word or phrase as contained in the policies established by rule of the School Board of Volusia

County. Words used in the present tense include the future, words in the plural number include

the singular number and words in the singular number include the plural number. Unless

otherwise specified, the word “shall” is always mandatory and not merely directory.

Awarded Contractor- The Board approved vendor for this RFP

Board- The Volusia County School Board. The term may be used interchangeably with

“District.”

Contract – The written contract or agreement that results from this RFP

Contractor- A proposer or representative of the vendor

District- The School District of Volusia County, Florida. The term may be used interchangeably

with “Board.” Unless otherwise specified in this RFP, use of this term in the context of action or

activity by an individual or entity of the District shall refer to the Superintendent.

Grounds Maintenance Service- Providing all of the labor and equipment needed to maintain

the grounds of any Volusia County School site ensuring the grounds are attractive, orderly and

healthy. To include but not limited to mowing, edging, weeding, trimming and power blowing

Outside Square Footage – Includes all turf, beds, retention areas and athletic fields

Retirement Benefit – A retirement savings account or other form of retirement account offered

or established by the Contractor, including, but not limited to, a 401(k). The term “pension

benefit” may be used interchangeably.

Proposer- Representatives of the vendor submitting a proposal

Proposal- The information submitted by a firm in response to this RFP

RFP- Request for Proposals

Superintendent – The Superintendent of Schools of the District or designee

Supervisor of Grounds Maintenance- School Board personnel responsible for the grounds

maintenance at a school or District site

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Part I - General Information

1-1 Purpose; Background

On February 12, 2013, the Board authorized the subcontracting of all grounds maintenance

services of the District and authorized the initiation of the competitive solicitation process for

selection of a private vendor or vendors to perform all such services on July 1, 2013. The

Superintendent has reserved the authority to discontinue the competitive solicitation process and

not implement the subcontracting decision of the Board if this RFP does not result in substantial

long-term cost savings to the District. A copy of the presentation made by District staff to the

Board at the February 12, 2013 Board meeting, may be found on the financial services division

webpage on the district website under the “Presentations-Workshops” menu.

The purpose of this RFP is to solicit proposals from qualified, responsible contractor(s) who

normally have knowledge and experience of and are currently engaged in the provision of

services for grounds maintenance. Services shall be provided for all Volusia County school sites,

as well as all other District support facilities for a five (5) year period with options for renewal as

specified herein. This shall include all management, staff training, chemicals, fertilizers, and all

equipment necessary to meet this standard.

All grounds maintenance staff members who were employed by the District through June 30,

2013 shall: 1) be retained by the awarded proposer if that is the employees’ desire at the time of

transition and afforded a retirement benefit as described in this RFP; 2) and have a minimum

rating of “meets expectations” on their most recent evaluation. At the time of release of this

RFP, there are approximately 30 Full Time Equivalent (FTE) employees of the District that fall

within the job classification who perform grounds maintenance services for the District. Where

displaced employees of the District are hired, every reasonable effort shall be made to keep those

employees at their present location or at a location reasonably near their place of residence.

1-2 District Information The District is located on the Atlantic Coast in northeast Florida. It includes the principal cities

of Daytona Beach, DeLand, Deltona, Port Orange, New Smyrna Beach and Ormond Beach

Florida. It is located approximately ninety (90) miles south of Jacksonville, Florida on I-95. The

District consists of forty-five (45) elementary schools, twelve (12) middle schools, ten (10) high

schools, three (3) alternative education sites, and two (2) administrative complexes. In addition

there are several transportation and maintenance buildings, all of which require grounds

maintenance services. The District services approximately 58,263 students and has

approximately 7,621 employees with an estimated 50,183,211 square feet of grounds and athletic

fields.

All grounds maintenance staff are currently District employees. The awarded proposer(s) will

provide the necessary manpower to fulfill this contract.

1-3 Delivery of RFP When hand delivering your RFP, proposer(s) shall:

1. Park in visitors' parking area.

2. Enter the building through the front door.

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3. Using the phone located at the front desk, dial extension 20583 or extension 20585 to

reach the Purchasing Department.

4. Sign-in at the front desk and receive a visitor's pass.

5. Wait for the Purchasing Department personnel to arrive to receive your RFP.

6. Each proposer(s) will receive a time stamped receipt signed by a Purchasing

Department employee.

PROPOSER(S) SHOULD ALLOW AT LEAST 30 MINUTES TO FOLLOW THE ABOVE

PROCEDURES AND SUBMIT THEIR RFP TO THE PURCHASING DEPARTMENT NO

LATER THAN THE DATE AND TIME DESIGNATED IN THE RFP.

1-4 Local Conditions

Proposer(s) are solely responsible for knowledge of any and all local conditions which may, in

any manner, affect the services required. The proposer(s) is/are required to carefully examine

the RFP terms and to become thoroughly familiar with any and all conditions and requirements

that may in any manner affect the work to be performed under the Contract. No additional

allowance will be made due to lack of knowledge of these conditions.

1-5 Rights of the District

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

right to waive any irregularities and technicalities and may, at its sole discretion, request a

clarification or other information to evaluate any or all proposals. The District reserves the

right, before awarding the contract, to require proposer(s) to submit evidence of qualifications or

any other information the Board may deem necessary. The District reserves the right, prior to

Board approval, to recommend cancelation of the RFP or portions thereof, without penalty.

Notwithstanding any other provisions of this RFP, the Superintendent of the District reserves the

right, in her sole discretion, to: (1) accept the proposals of any or all of the items it deems to be

in the best interest of the Board; (2) reject any and/or all items proposed; and (3) discontinue the

negotiation of a contract and/or the entire procurement process under this RFP at any time and

for any reason.

Proposals will be evaluated according to how well they meet the specifications and requirements

of the RFP. Nothing herein will prevent the District from making multiple awards, to deem all

proposals responsive, and to assign work to any firm deemed responsive.

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

rated proposer. If an agreement cannot be reached with the highest rated proposer, the District

reserves the right to negotiate and recommend award to the next highest proposer or subsequent

proposers until an agreement is reached.

1-6 Lobbying

UPON RELEASE OF THIS RFP BY THE DISTRICT, PROPOSER(S) ARE HEREBY

ADVISED THAT LOBBYING IS NOT PERMITTED WITH ANY DISTRICT PERSONNEL

OR BOARD MEMBERS RELATED TO OR INVOLVED WITH THIS RFP. ALL

INQUIRIES MUST BE WRITTEN TO, AND DIRECTED THROUGH, THE PURCHASING

DEPARTMENT OF THE DISTRICT.

LOBBYING IS DEFINED AS ANY ACTION TAKEN BY AN INDIVIDUAL, FIRM,

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ASSOCIATION, JOINT VENTURE, PARTNERSHIP, SYNDICATE, CORPORATION, AND

ALL OTHER GROUPS WHO SEEK TO INFLUENCE THE GOVERNMENTAL DECISION

OF A BOARD MEMBER OR DISTRICT PERSONNEL ON THE AWARD OF THIS

CONTRACT.

ANY PROPOSER(S) OR ANY INDIVIDUALS THAT LOBBY ON BEHALF OF

PROPOSER(S) WILL RESULT IN REJECTION/ DISQUALIFICATION OF SAID

PROPOSAL.

1-7 Default

In the event the awarded proposer(s) should breach the resulting Contract, the District reserves

the right to seek remedies in law and/or in equity.

1-8 Legal Requirements

The proposer must be licensed to do business within the State of Florida and registered with the

Florida Division of Corporations. It shall be the responsibility of the proposer(s) to be

knowledgeable and comply with all Federal, State, county and local laws, Board policies and

procedures, ordinances, rules and regulations that in any manner affect the items covered herein

which may apply. Lack of knowledge by the proposer(s) will in no way be a cause for relief from

responsibility.

Proposer(s) doing business with the District are prohibited from discriminating against any

employee, applicant, or client because of race, creed, color, national origin, sex or age with

regard to but not limited to the following: employment practices, rates of pay or other

compensation methods, and training selection.

1-9 Florida Preference

Pursuant to Section 287.084, Florida Statutes, effective July, 2012, the Board shall make

appropriate adjustments to pricing of responses, as required, when proposals have been

submitted by bidders having a principal place of business outside the State of Florida.

Responding bidders must complete and submit with their bid response, the attached Bidder’s

Statement of Principal Place of Business form, attached at the end of this document (following

APPENDIX F). Failure to comply shall be considered non-responsive to the terms and

conditions of this solicitation. For additional information regarding this statute, bidders may

refer to: http://www.leg.state.fl.us/Statutes/index.cfm.

1-10 Federal and State Tax

The District is exempt from Federal and State taxes for tangible personal property. The Director

of Purchasing will sign an exemption certificate submitted by the awarded proposer(s).

Proposer(s) doing business with the District will not be exempted from paying sales tax to their

suppliers for materials to fulfill contractual obligations with the Board; nor will any proposer(s)

be authorized to use the District’s Tax Exemption Number in securing such materials.

1-11 Conflicts of Interest

All proposers must disclose the name of any officer, director, or agent who is also an employee

of the District. All proposers must disclose the name of any District employee who owns,

directly or indirectly, any interest in the proposers' business or any of its branches.

http://www.leg.state.fl.us/Statutes/index.cfm

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1-12 Indemnification / Hold Harmless Agreement

The proposer(s) shall agree to indemnify, hold harmless and defend District, its elected officials,

employees, attorneys, agents and related entities from and against any and all liability for loss,

damage or expense for which the District may be held liable by reason of injury (including

death) to any person (including proposer’s employees) or damage to any property which results

from the proposer’s negligence or tortuous misconduct arising out of or in any manner connected

with the services described in this RFP hereto, except to the extent due to any act, omission,

negligence or strict liability of the District or any of its employees, subcontractors or third

parties. The District agrees to indemnify, hold harmless and defend the proposer(s) and its

employees and related entities from and against any and all liability for loss, damage or expense

for which the proposer(s) may be held liable by reason of injury (including death) to any person

(including the District’s employees) or damage to any property which results from the District’s

negligence or tortuous misconduct arising out of or in any manner connected with the services

described in this RFP hereto, except to the extent due to any act, omission, negligence or strict

liability of the proposer(s) or any of its employees, subcontractors or third parties. In no event

shall either party be liable to the other: (a) for loss of profits, injury to business goodwill or other

consequential or incidental damages, or (b) for any other claim or liability arising out of or

relating to the services of this Agreement in an aggregate amount which exceeds the amount

actually paid by the District for the services under this Agreement during the six month period

immediately preceding the event giving rise to such c