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Bid Title: Motor Coach Transportation
<br />e 5cnool hoard of ttroward County, f loncla
<br />Bid No. FY23-029-1
<br />8 of 26
<br />MEET OR RELEASE: If during the contract term, SBBC is offered a lower price from a
<br />third party supplier for a product or service awarded under this contract, or offers another
<br />item that meets or exceeds the specifications for the item at a lower price than the
<br />awarded price, SBBC shall request Awardee to meet the lower price offered by the third
<br />party supplier. The awardee shall be required to respond to this request within three (3)
<br />days of the request. If Awardee is unable to meet the lower price, SBBC shall be
<br />released from its contractual obligation to purchase the item under this contract. No
<br />response to this request shall indicate that Awardee is unable to offer the item at a lower
<br />price. This action, purchasing awarded item from third party supplier, shall not hold
<br />SBBC in default of contract. Each purchase shall be considered separate and apart from
<br />each other.
<br />63. CONFIDENTIAL RECORDS: Notwithstanding any provision to the contrary within this
<br />Contract, any party contracting with SBBC under this Contract shall fully comply with the
<br />requirements of Sections 1002.22 and 1002.221, Florida Statutes; Family Educational
<br />Rights and Privacy Act (FERPA), and any other state or federal law or regulation
<br />regarding the confidentiality of student information and records. Each such party agrees,
<br />for itself, its officers, employees, agents, representatives, contractors or subcontractors,
<br />to fully indemnify and hold harmless SBBC and its officers and employees for any
<br />violation of this section, including, without limitation, defending SBBC and its officers
<br />and employees against any complaint, administrative orjudicial proceeding, payment of
<br />any penalty imposed upon SBBC, or payment of any and all costs, damages, judgments
<br />or losses incurred by or imposed upon SBBC arising out of a breach of this covenant by
<br />the party, or an officer, employee, agent, representative, contractor, or sub -contractor
<br />of the party to the extent that the party or an officer, employee, agent, representative,
<br />contractor, or sub -contractor of the party shall either intentionally or negligently violate
<br />the provisions of this section or of Sections 1002.22 and/or 1002.221, Florida Statutes.
<br />Awardee agrees that it may create, receive from or on behalf of SBBC, or have access
<br />to, records or record systems that are subject to FERPA and/or HIPAA (collectively, the
<br />"Confidential Records"). Awardee represents, warrants, and agrees that it shall. (1) hold
<br />the Confidential Records in strict confidence and shall not use or disclose the
<br />Confidential Records except as (a) permitted or required by this Agreement, (b) required
<br />by law, or (c) otherwise authorized by the SBBC in writing; (2) safeguard the Confidential
<br />Records according to commercially reasonable administrative, physical and technical
<br />standards as required by law; and (3) continually monitor its operations and take any
<br />and all action necessary to assure that the Confidential Records are safeguarded in
<br />accordance with the terms of this Agreement. At the request of the SBBC, Awardee
<br />agrees to provide SBBC with a written summary of the procedures Awardee uses to
<br />safeguard the Confidential Records. A breach of these confidentiality requirements shall
<br />constitute grounds for the SBBC to terminate any Agreement with Awardee.
<br />64. PROPRIETARY INFORMATION: Pursuant to Chapter 119, Florida Statutes, bids
<br />received as a result of this ITB shall not become public record until thirty (30) days after
<br />the date of opening or until posting of the recommendation for award, whichever occurs
<br />first. Thereafter, all bid documents or other materials submitted by all Bidders in
<br />response to this ITB shall be open for inspection by any person and in accordance with
<br />Chapter 119, Florida Statutes. To the extent, a Bidder asserts any portion of its bid is
<br />confidential and exempt, long with specific citations of the Florida Statutes establishing
<br />the confidentiality or exemption. Failure to identify the portions of the bid claimed to be
<br />exempt or the specific statutory authority establishing the exemption shall be deemed a
<br />waiver by the Bidder that any unidentified portion of the bid is confidential or exempt
<br />from disclosure under Chapter 119, Florida Statutes.
<br />Should a public record request for bid documents or other materials submitted by a
<br />Bidder be submitted, SBBC shall notify the contact person identified in the bid of the
<br />request in writing. The notice provided shall indicate that requested materials shall be
<br />produced unless, within ten (10) calendar days of the date of the written notification, the
<br />Awardee initiated an action in a court of competent jurisdiction to obtain an injunction or
<br />protective order prohibiting the release of the requested materials. The awardee shall
<br />name the party requesting the materials as a defendant and shall not name SBBC as a
<br />party to the action. Awardee agrees to hold SBBC harmless from any award to a plaintiff
<br />for damages, costs or attorney's fees based on nondisclosure of information asserted to
<br />be confidential and exempt Failure to timely initiate the action shall be deemed a waiver
<br />by the Awardee that the requested information is confidential and exempt. Awardee
<br />agrees to waive any cause of action it may have against SBBC for the release of
<br />materials pursuant to a public record request except those based on the intentional or
<br />grossly negligent conduct of any employee of SBBC. Submission by a Bidder in
<br />response to this ITB shall be deemed as Bidder's consent to the foregoing conditions.
<br />65. E-VERIFY: Pursuant to Section 448.095, Florida Statutes, any party contracting with
<br />SBBC shall register with and use the E-Verify system to verify the work authorization for
<br />all employees hired during the course of this Agreement Any such party shall require
<br />any subcontractors used to perform the duties and responsibilities under this Agreement
<br />to register with and use the E-Verify system to verify the work authorization for all
<br />employees subcontractor hires during the course of this Agreement. If applicable, any
<br />such party must also obtain and retain an affidavit from a subcontractor stating that the
<br />subcontractor does not employ, contract with or subcontract with anyone who is not duly
<br />authorized to work in the United States. If SBBC has a good faith belief that any such
<br />party has knowingly violated Section 448.09(1), Florida Statutes, SBBC will immediately
<br />terminate this Agreement Termination pursuant to this section is not a breach of this
<br />Agreement and may not be considered as such.
<br />Broward County Public Schools Is An Equal Opportunity/Equal Access Employer
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