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2017-005 CONTRACT APPROVAL FORM
TO: DARREN GRAY, CITY MANAGER
FROM: FREDDY SUAREZ, PURCHASING DIRECTOR(F.S>
SUBJECT: AUTOMOTIVE &TRUCK BATTERIES
DATE: JANUARY 3, 2017
THE PURCHASING DIRECTOR RECOMMENDS THE FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and Royal Battery Distributors, Inc.
to provide automotive and truck batteries to the Public Works Department. The agreement
shall take effect on the date of execution by both parties and shall remain in effect until
September 19, 2019, unless renewed or terminated as provided by the Brevard County
School Board contractual agreement.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Public Works Department, the
Purchasing Department sought a contract with Brevard County School Board for
automotive and truck batteries, contract number ITB 17-B-010-LU. The estimated annual
expenditures is less than $13,000 and it is included in the Public Works Department
budget. The Purchasing Department issued RFI 1712-002 to notify local vendors of the
City's intent to utilize other governmental entities' contract. At the completion of the RFI
the Purchasing Department received no interest. The Brevard County School Board
contract was fully competed, advertised, and complies with the City of Clermont
Purchasing Policy.
4. FISCAL IMPACT: The estimated annual fiscal impact of $13,000 is consistent with the
2016 approved budget.
5. EXHIBITS: Brevard County School Board Bid Tabulation
Automotive &Truck Batteries Agreement
APPROVAL AUTHORITY
Approved ([/ Disapproved ❑
Reason/Suggestion (If disapproved)
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AGREEMENT FOR
AUTOMOTIVE &TRUCK BATTERIES
THIS AGREEMENT, made and entered into this day of 1044(.tar 2017,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and Royal Battery Distributors, Inc., 195 Ring Avenue
NE, Palm Bay, FL 32907 (hereinafter referred to as "CONTRACTOR").
WHEREAS, the Brevard County School Board through the public procurement process
awarded an agreement for automotive & truck batteries, Brevard County School Board
Number ITB 17-B-010-LU;
WHEREAS,CITY desires to utilize the above-referenced awarded bid,CONTRACTOR's
response thereto and agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Brevard County School Board Contract Number 17-B-010-LU.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish automotive and truck batteries as described in the
Brevard County School Board Contract Number 17-B-010-LU, which is attached hereto
and incorporated herein as Exhibit"A"and shall do everything required by this Agreement
and the other Agreement Documents contained in the specifications, which are a part of
these Documents. Provided, however, that nothing herein shall require CITY to purchase
or acquire any items or services from CONTRACTOR. To the extent of a conflict between
this Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II - THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until September 13, 2019, unless terminated or renewed as
provided by the Brevard County School Board.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
1
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for one
(1) additional two (2) year term.
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
2
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the Tatter's employees unless such employees are
covered by theprotection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY,for the protection of employees not otherwise protected.
2. CONTRACTOR'S Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it,and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b):Automobile Liability Coverages, $500,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to,the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death,or to injury to orr destruction of tangible property(other
than the Work itself) , and.(2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
3
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII -NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Royal Battery Distributors, Inc.
195 Ring Avenue NE
Palm Bay, FL 32907
Contact: Rick Tattoli, Operations Manager
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W.'Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
4
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof,shall be deleted or modified in such a manner as to make the agreement
valid and enforceable under applicable law, the remainder of this agreement and
the application of such a provision to other persons or circumstances shall be
unaffected, and this agreement shall be valid and enforceable to the fullest extent
permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, in whole or in part, without the prior written consent
of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONSULTANT upon
termination of the contract and destroy any duplicate public records that are
5
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the
CITY in a format that is compatible with the information technology
systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X - AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in Brevard County School Board Contract/Bid No. ITB
17-B-010-LU.
IN W TNESS WHEREOF, the parties hereto have executed this Agreement on
this ('day of cJafgeetr12017.
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City of Ci- ont
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Tracy AcIcr9yd, City Clerk
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Royal Batte Di c.
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7
EXHIBIT A
BOARD
SCHOOL BOARD OF BREVARD COUNTY, FLORIDA SEP 1 3 2016
BOARD AGENDA ITEM—September 13, 2016 APPROVED
PURCHASING SOLICITATION ITB#17-B-010-LU Automotive&Tiii k Batteries
• (ITB) Invitation To Bid ❑ (ITN) Invitation To Negotiate 0 (PB) Piggyback
❑ (RFP) Request For Proposal 0 (RFQ) Request For Qualifications 0 (SC) State Contract
❑ (SS) Sole Source
REQUESTOR: Transportation Services Legal Review: 0 Yes ® No
VENDOR NAME AMOUNT AWARDED. REQUIRED PRODUCTS/SERVICES
Royal Battery Distributors,Inc. — $50,000 Est.Annual Automotive and Truck Batteries
Primary
Battery USA, Inc.-Secondary
Total $50,000.00
❑ Contract Renewal New Contract Amount $50,000.00
❑ Recurring Contract Previous Contract Amount N/A
® New Contract Variance N/A
PRICE INCREASE/DECREASE EXPLANATION: N/A
DISCUSSION:N/A
CONTRACT TERM:
The initial contract term shall commence September 14, 2016 and continue until September 13,
2019 with one(1)two(2)year renewal period.
RECOMMENDATION:
It is the recommendation of Mark Mullins, Deputy Superintendent/Chief Operating Officer, Ed
Parker, Director of Purchasing & Warehouse Services and Arby Creach, Director of
Transportation Services to approve the attached agreement with Royal Battery Distributors, Inc.
as Primary and Battery USA, Inc. as Secondary in the estimated annual amount of $50,000.
Request authority for the Director of Purchasing&Warehouse Services to renew the contract for
one(1) additional two (2)year period.
AUTHORITY FOR ACTION:
Florida Administrative Code 6A-1.012 (9)
r
OFFICE OF PURCHASING SERVICES
2700 JUDGE FRAN JAMIESON WAY
VIERA,FL 32940-6601
- I
School Board of Brevard County
Office of Purchasing & Warehouse Services ; : d /1 •
2700 Judge Fran Jamieson Way
Viera, Fl 32940-6601 `' I
Desmond K. Blackburn, Ph.D., Superintendent t itE FUTURE
or r .OR !DA 's
SPACE OA '!
September 14, 2016
Rick Tattoli email: ricktt rovalbatterv.com
Royal Battery Distributors, Inc.
195 Ring Ave NE
Palm Bay, FL 32907
RE: NOTICE OF AWARD
ITB# 17-B-010-LU—Automotive & Truck Batteries
Dear Mr. Tattoli:
The School Board of Brevard County, Florida, meeting in official session on September 13, 2016, voted to award
the item(s) noted and highlighted on the enclosed recommendation/tabulation to the following
company/companies:
Royal Battery Distributors, Inc. - Primary Palm Bay, FL
Battery USA, Inc. -Secondary Lakeland, FL
The contract term is three years from September 14, 2016 with the option to renew annually for up to one (1)
additional two (2) year period. You may view the solicitation and all associated documents for this bid at:
htto://www.demandstar.com/
This letter is ONLY notification of award of the solicitation. Purchase Orders shall be placed as needed.
If applicable, please provide certificate of insurance and W-9 as required per contract terms and conditions to
the buyer listed below.
Please contact Amy Lucey, Buyer at 321-633-1000 ext.646 or by email at lucev.amv( brevardschools.orq if you
should have any questions. Thank you for your continued interest in the School District of Brevard County.
Sincerely,
1
Ed Parker, CPPO, CPPB
Director of Purchasing and Warehouse Services
Enclosure
CC: Bid Folder
Ed Parker, CPPO, CPPB
Director- Office of Purchasing& Warehouse Services
Phone: (321) 633-1000 Ext. 645 • FAX:(321) 633-3618
Warehouse: (321) 633-3680 Ext. 14100•FAX: (321) 633-3698
f
SUBMIT heSc To: ;, ,' INVITATIO TO BID .
The School Board of Brevard County, .� r
Florida' ii,_
Office of Parchasing&Warehouse a s- ;
Services, Pod 8,,Room 802 3 k.,` 4:
ITB# 17-B-010-LU Automotive&Truck Batteries
The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Automotive &
Truck Batteries for the use of The School Board of Brevard County, Florida (School Board).
1.0 SCOPE
1.01 This Specification establishes the minimum requirements for this solicitation, listed and described
in the body of these specifications, to be used as noted, by The School Board of Brevard County.
The bidder will be responsible for meeting all specifications as outlined herein and on Attachment
"A"—Bid Price Sheet. Failure to comply with these requirements may be cause for bid rejection
or award cancellation.
1.02 AWARD TERM
The School Board's goal is to promote partnership relationships within the policies and procedures
of public procurement. Pursuant toward that end, the successful bidder(s) shall be awarded a
contract for an initial three(3)year term with one(1)two(2)year renewal period.
The award term recommendation will be that which is determined to be in the best interest of the
School Board. The renewal option shall be exercised only if all original contract terms,conditions,
and prices remain the same. All renewals will be contingent upon mutual written agreement and,
when applicable, approval of School Board.
1.03 PRODUCT SPECIFICATIONS
A. All batteries shall be lead acid type, maintenance free, fully charged and ready for use upon
delivery. All batteries shall be new and coded with the date of manufacture and delivery.
B. Material quality is expected to be commercial grade and of such to accomplish the service work
satisfactorily, as specified in the scope of work for each job. The school Board reserves the
right to set the standard of quality for materials for each job. All materials used shall be
manufactured by a company approved by Brevard Public Schools(BPS). The following 2008
publications shall be part of these specifications.
• The Battery Council International Storage Battery Specifications.
• The Battery Council International Battery Materials Specifications
• A.S.T.M. Standards B-29& D-639
• S.A.E. Standards: J537h,J240a,J538a,J930b,J541a, J539a.
1.04 DELIVERYISERVICE
A. Awarded bidder shall make deliveries within two(2)calendar days from the date of the receipt
of the purchase order. All deliveries shall be made in accordance with good commercial
practice and all required delivery time frames shall be adhered to by the vendor(s); except In
such cases where the delivery will be delayed due to causes beyond the control of the vendor.
In these cases,the vendor shall notify the school or department of the delays immediately with
a revised delivery date.
B. Drop shipment will be allowed with the understanding that delivery signoff will only
acknowledge delivery of packages, not package contents. Any item discrepancies will be
resolved with 72 hours from receipt of shipment.
C. Bid prices shall include all shipping, transportation, fuel, supervision, equipment, set-up
services and related items necessary to complete the work in accordance with this specification
for all Transportation work sites as follows:
Page 5 of 47
ITB# 17-B-010-LU Automotive&Truck Batteries
• Titusville Bus Compound, 1500 Draa Road,Titusville, FL 32796
• Central Bus Compound,2091 West King Street, Cocoa, FL 32926
• Satellite Bus Compound, 52 Holland Court, Satellite Beach, FL 32937
• Melbourne Bus Compound, 3200 Monroe Street, Melbourne, FL 32901
D. Deliveries shall be made during normal operating hours. There will be no deliveries made on
Saturdays, Sundays or holidays when all school buildings and the warehouse are closed. It
shall be the responsibility of the vendor to coordinate the jobsite delivery and placement of
materials required for completion of the project with the designated BPS representative.
E. Battery cores shall be removed from each site at time of delivery. Available cores may not
match what is delivered. Core receipts will be generated by the vendor when the cores are
removed and given to the responsible person at each location.
F. In the event that BPS has an urgent need for items(for example,vehicle out of service awaiting
parts),and awarded vendor cannot delivery in a timely manner,BPS reserves the right to utilize
any other source to fulfill the urgent need.
1.05 SHELF LIFE
All batteries shall have a designated shelf life of ninety(90)days. After the shelf life has lapsed,
stock will be exchanged at no additional cost to the.School Board. Shelf life will be monitored by
the vendor via the use of a stamped or stick-on label with the initial stocking date code clearly listed.
1.06 STOCK ROTATION
Stock will be rotated upon each delivery, to insure that no battery exceeds its designated shelf life.
1.07 BATTERY CHECKS
A. All batteries supplied during this contract are to be checked by the vendor(s)for the state of
charge every forty-five (45) days. I shall be the vendor's responsibility to replace any and all
batteries,which fall below specifications at no additional cost to the School Board
B. Documentation must be provided to the Transportation Warehouse Coordinator showing the
date of battery checks and subsequent results.
C. The awarded vendor(s) shall be responsible for delivering replacement batteries for any
batteries currently under warranty, which have failed. The vendor(s) will be notified of such
situations by the School Board's Transportation Warehouse Coordinator and will have fourteen
(14)days to supply replacement batteries.
D. It will be the awarded vendor(s) responsibility to coordinate the pick-up of core batteries with
the delivery of new batteries.
E. For security purposes,the School Board may elect to brand or otherwise permanently identify
each battery at no loss of value to the item.
1.08 WARRANTIES/GUARANTEE REQUIREMENTS
A. The Warranty Period shall begin on the date of installation as indicated by the Transportation
Departments work order. All batteries will be marked with an installation date. All batteries
shall carry a minimum limited warranty as indicated on the price sheet. Copies of the
manufacturer's standard warranty shall be supplied with the bid submittal. All products are to
be replaced with a new battery of the same brand and model number without any additional
cost,should failure occur during the first twelve(12)months of service.
B. During the second year of service, adjustments will be pro-rated by using the bid purchase
price divided by twelve (12) months. Only the portion of this second year proration will be
charged to the School Board for replacement
Page 6of47
ITB# 17-B-010-LU Automotive&Truck Batteries
C. Any and all warranty adjustments will be clearly indicated on the next invoice submitted to the
School Board. The Vendor shall be required to verify warty dates on the cores collected.
1.09 CORE CREDIT
Awarded vendor(s)shall pick up used batteries and provide a core credit towards the purchase of
new batteries and shall be responsible for the disposal or recycling of all used batteries in
accordance with all local, state or federal environmental regulations. Core receipts will be
generated by the vendor when the cores are removed and given to the responsible person at each
location.
1.10 SUBSTITUTES
Substitutes will not be permitted unless approved in advance by the Assistant Director of
Transportation Services. If bid items are not available,the Transportation Warehouse Coordinator
must be contacted prior to shipment to determine if a substitute is acceptable.
1.11 TECHNICAL TRAINING
The awarded vendor(s) shall provide the district with a minimum of eight (8) hours of group or
classroom training for technicians per each year of the contract at no additional cost. Instruction
will be focused on the proper use and handling of the supplied product line including,but not limited
to, routine maintenance, principals of operation and troubleshooting/diagnostics. Training will be
performed at times and locations that are mutually agreed upon by the awarded vendor(s)and the
Assistant Director of Transportation.
1.12 BALANCE OF PRODUCT LINE PRICING-CATALOG
1.12.1 CATALOG WITH BID
All bidders must submit two(2)copies of all catalogs or price sheets to be used under this
contract with their bid submittal. Acceptable submittals are printed or online catalogs,
computer printouts, printed price sheets, etc. Vendors are requested to offer balance-of-
line pricing on all other supplies and services which are offered in addition to the items bid
on their response. Pricing applies to all updates on pricing for the duration of the contract.
The balance-of-line pricing does not apply to any of the vendor's specials, marketing
promotions or sales that are available to each contract eligible user.
It is the intent of the bid,that by greatly expanding the balance-of-line,all eligible users will
have a much greater variety of items and services from which to choose. Vendors may
update the balance-of line offerings as new items and/or services become available.
Balance-of—line offerings apply only to the awarded vendor(s). The Purchasing
department reserves the right to accept or reject any individual item(s)or all items offered
as balance-of-line. Balance of Product Line shall be the discount off list price or actual
printed price sheet. Balance of product line submittals may be updated;however the stated
discount shall remain the same for the duration of the contract.
1.12.2 CATALOGS TO BPS LOCATIONS
After award, successful bidders shall furnish at least two (2) of the same catalog (s) as
presented with the bid to all school and departments within the District. A list of locations
will be supplied to all successful bidders. Catalog dispersal is a responsibility of the
awarded bidder, not the District.
1.12.3 CATALOGS UPDATED ANNUALLY
Each year as new catalogs are published the successful bidder(s) shall furnish new
catalogs to all schools and departments in the District. Prior to the release of new catalogs
awarded bidders must contact the Purchasing Department to obtain a current list of
locations, contacts, and to establish new catalog effective date. Catalog dispersal is a
responsibility of the awarded bidder, not the School District.
1.12.4 ELECTRONIC CATALOGS
If an electronic version of your catalog is available online, the District may wish to use the
electronic version if prices can be configured with the discount already taken. On line
ordering may use the Districts Purchasing Card Program.
Page 7 of 47
ITB# 17-B-010-LU Automotive&Truck Batteries
1:12.5 UPDATING OF CATALOGS
Bid pricing will be held to the current catalog in use by all schools and departments. Price
increases will not be allowed until a new catalog has been approved by the designated
buyer in the Purchasing Department. Once approved, it will be the awarded bidder's
responsibility to distribute an ample supply of catalogs to each school and department
utilizing this bid. Booklets and pricers used to adjust catalog pricing will not be acceptable.
Asnew catalogs become available, it is the awardedbidder's responsibility to have the
following;
• New catalog approved by the designated buyer in the purchasing department
before effective date and distribution to the rest of the schools/departments.
• Deliver sufficient quantities of new catalogs to all schools and departments with
notice explaining new pricing,before effective date.
• Establish effective date with buyer after the requirements above have been met.
Any price discrepancies, which occur as a result of the awarded bidder not following the
above guidelines, must be honored by the awarded bidder.
1.12:6 DAMAGED ITEMS
In the event an item or items are received and is later determined that there is concealed
damage,when the item or items are unpacked,the item or items must be replaced by the
awarded vendor at no cost to the School Board.
1.12.7 .NEW ITEMS
New items appearing in the awarded bidder's catalog released after the bid opening date
are to be covered by this bid as if these items were originally included in the catalog(s)
submitted with the bid.
1.13 DISCOUNT ADJUSTMENTS
Unless a change is deemed to be in the best interest of the District, there will be no discount
adjustments allowed during the contract period:The discounts submitted on the Price Sheet shall
remain firm throughout the contract period: Bidders are encouraged to consider this requirement
when offering discounts:
1.14 NEW ITEMS AND/OR OPTIONS
New items and/or options may be included in this bid if they are standard items and/or options for
this commodity. Items inadvertently left off the price sheet may be viewed as an option not known
to exist at the time this bid was sent out, but are now available as an additional option. Awarded
bidders wishing to provide additional option's, may attach to their'price sheet their list of options
which are currently available. Since these products will be made to order on an as needed basis,
each purchase could vary greatly since many will be site specific. As market and/or building code
changes occur the awarded Bidders may contact the Purchasing.Agent about additional options.
1.15 ITEM DISCONTINUANCE
During the term of this contract,as items are discontinued and a replacement offered,the awarded
bidder must notify the Purchasing Department with the new equipment specifications and price. If
the Purchasing Department and end user department approve the:newer/current model, an
amendment will be placed in the bid folder noting the newer/current model as the revised product
model for the remainder of the contract term.
1.16 MODEL NUMBER CHANGES
During the term of this contract as items are updated with a newer/current model, the awarded
bidder must notify the Purchasing Department with the new equipment specifications and price. If
the Purchasing Department and the END USER DEPARTMENT NAME approve the newer/current
model,an amendment will be placed in the bid folder noting the newer/current model as the revised
product model for the remainder of the contract term.
1.16.1 MINIMUM ORDERS
Items shall be ordered as needed. There shall be no minimum amount to be delivered at
one time.
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If a bidder wishes to set a minimum order dollar amount,they must do so by indicating the
dollar amount in the space provided on the Price Sheet. Failure to specify will be
considered no minimum dollar amount
1.17 LABELING
Each carton, package, box and/or container shall be labeled. Each label shall identify each carton
as follows:
A. Name of item.
B. Quantity of item contained.
C. Purchase Order Number.
D. Company.
1.18 QUANTITY
The estimated quantities that will be purchased during the first twelve(12) months of this contract
period are shown on the Bid Price Sheet. Please note that these are estimates only and in no way
obligates the School Board to purchase these amounts. These estimates are intended as a guide
in submitting your bid. The actual quantities purchased under this bid may be more or may be less.
1.19 ADDITIONAL QUANTITIES
The School Board of Brevard County reserves the right to purchase any additional quantities of the
bid item(s)from the successful bidder at this bid price for a period of one(1)year from the date of
the award of the bid, provided the successful bidder is in agreement at time of order.
1.20 QUANTITY CHANGES
The School Board reserves the right to increase or decrease the total quantities necessary.
1.21 GUARANTEED QUANTITIES (catalog)
No guarantee is given or implied as to the total quantity or dollar value of this bid. The School
Board of Brevard County is not obligated to place any order with any awarded bidder participating
in this bid. All schools and departments, however,will be urged to refer to catalogs and discounts
of participating bidders in their attempt to fill their requirements at the lowest net prices.
1.22 METHOD OF ORDERING
Items shall be order via individual purchase orders or by visa purchasing card on an"as needed"
basis for the term of the contract. Invoices must be submitted against each individual purchase
order.
1.23 ORDERS
Schools, departments and centers of the School Board of Brevard County will issue purchase
orders or place order by visa purchasing card directly to the successful bidder(s)for the purchase
of Automotive&Truck Batteries. The successful bidder(s)will be expected to honor these orders
according to the discount terms and conditions listed in this bid. Each purchase order will be
emailed or mailed to the awarded bidder. The order should be reviewed for correct prices,catalog
numbers,extensions,etc.
1.24 EXEMPT FROM THIS BID
Purchases shall not include items available at lower prices on other School District bid awards or
on Florida State Contracts.Items shall be ordered via individual purchase orders or visa purchasing
card on an"as needed"basis for the term of the contract. Invoices must be submitted against each
individual purchase order or receipts must be submitted for each purchase on visa purchasing card.
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1.25 STANDARDIZATION OF ITEMS
Some items have been standardized by the School Board of Brevard County's Transportation
Department;these items are indicated on the price sheet as'ONLY'along with the Manufacturer's
name and part number, allowing no alternate submittals. Where there is no Manufacturer, model
or part number indicated,just the description,please supply us with the Manufacturer name,model
and part number you are bidding along with descriptive literature if required.
1.26 BARRICADES
The Bidder shall provide all barricades and take all necessary precautions to protect building and
personnel. All work shall be complete in every respect and accomplished in a workmanlike manner
and Bidder shall provide for removal of all debris from the School Board of Brevard County.
1.27 PALLETIZE
Shipment(s) must be palletized. Pallets are available for exchange at the time of delivery, if
required.
2.0 STANDARD TERMS&CONDITIONS
2.01 CLOSING DATE
Bids must be received by The School Board of Brevard County, Florida, Office of Purchasing &
Warehouse Services, Pod 8, Room 802,2700 Judge Fran Jamieson Way, Viera, FL 32940-6601,
no later than 2:00 p.m., local time,on Wednesday,July 27,2016. Bids received after this time
will not be considered.
2.02 TENTATIVE SCHEDULE
July 6,2016 Invitation to Bid Available
N/A Pre-bid Conference
July 19,2016 Deadline for Questions
July 27,2016 Bid Closing Date
September 13,2016 Planned Award Date .
2.03 DELIVERY OF BIDS
All Bids shall be sealed and delivered or mailed to(faxes/e-mails will not be accepted):
The School Board of Brevard County, Florida
Office of Purchasing&Warehouse Services, Pod 8, Room 802
2700 Judge Fran Jamieson Way
Viera, FL 32940-6601
Mark package(s)"Bid#17-B-010-LU,Automotive&Truck Batteries"and Insure that bidders
return address is listed on the outside of the package.
Note: Please ensure that if a third party carrier(Federal Express, Airborne, UPS, USPS, etc.) is
used, that the third party is properly instructed to deliver the Bid Submittal only to the Purchasing
Department, at the above address. To be considered, a Bid must be received and accepted in
the Purchasing Department before the Bid closing date and time.
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DO NOT OPEN * SEALED PROPOSAL * DO NOT OPEN *
VENDOR NAME:
SEALED PROPOSAL NUMBER: ITB#17-B-010-LU
PROPOSAL TITLE: Automotive&Truck Batteries
PROPOSAL DUE ON July 27.2016 AT 2:00 P.M.
PROPOSAL ENCLOSED "NO PROPOSAL LETTER"ENCLOSED
Deliver To: The School Board of Brevard County,Florida
OFFICE OF PURCHASING&WAREHOUSE SERVICES
2700 Judge Fran Jamieson Way,Pod 8,Room 802
Viera,FL 32940-6601
2.04 PRE-BID CONFERENCENYALK THROUGH—N/A
2.05 PUBLIC BID OPENING
A. The Bids will not be available for inspection during normal business hours in the Purchasing
Department until thirty(30)days after bid opening date or notice of a decision or intended
decision,whichever is earlier, by appointment. (Florida Statute 119.071 (1)(b)).
B. A copy of the completed bid tabulation will be available at http:l/www.demandstar.com/
within ten(10)days.
C. Individuals covered by the Americans with Disabilities Act of 1990 in need of
accommodations to attend public Bid openings or meetings should contact the Purchasing
Department at 321-633-1000 x 645 at least five(5)days prior to the meeting date.
2.06 BID SUBMITTAL FORM
A. See Submittal Requirements for complete details.
B. Note: It is not necessary to return every page of this document with the bid proposal;
return only the pages that require signatures or Information.
C. Each bidder shall submit Three(3)complete sets of the Bid Submittal:
• One(1)hard copy marked°ORIGINAL°
• One(1)hard copies marked"COPY"
• One(1)COMPLETE electronic copy on a CD or Jump drive in PDF format
(Excel spreadsheets shall not be recorded in PDF).
Note the solicitation number and name of company on the disk.
If a Non-Disclosure Agreement is signed and confidential materials are submitted,
such confidential materials shall not be included on the master CD. Confidential
materials shall be segregated on a separate CD, plainly labeled "Confidential
Materials".
D. The Invitation to Bid page and other required documents must be signed by an official
authorized to legally bind the bidder to all bid provisions.
E. Terms and conditions differing from those in this Bid shall be cause for disqualification of
the Bid Submittal.
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2.07 QUESTIONS CONCERNING BID
A. Questions concerning any portion of this Bid shall be directed in writing or by e-mail to the
Purchasing Representative named below,who shall be the official point of contact for this
Bid. Questions should be submitted by the question deadline date as listed above in
Section 2.02, Tentative Schedule.
B. Mark cover page or envelope(s) or title email "Questions on Bid #ITB 17-B-010-LU,
Automotive&Truck Batteries"
C. Submit questions to:
Amy Lucey, Buyer
Telephone* 321-633-1000 ext.646
Fax: 321-633-3618
E-mail: lucev.amv at brevardschools.orq
2.08 CLARIFICATION AND ADDENDA
A. It is incumbent upon each bidder to carefully examine all specifications, terms, and
conditions contained herein. Any inquiries, suggestions, or requests concerning
interpretation, clarification or additional information shall be made in writing, (facsimile
transmissions acceptable, 321-633-3618)through the Purchasing Representative named
above. The School Board will not be responsible for any oral representation(s) given by
any employee, representative or others. The issuance of a written addendum is the only
official method by which interpretation, clarification or additional information can be given.
B. If it becomes necessary to revise or amend any part of this Bid, notice may be obtained by
accessing our web site. The bidder in the Bid Submittal must acknowledge receipts of
amendments. Each bidder should ensure that all addenda and amendments to this
Bid have been received BEFORE submitting the Bid. Check
http:Nwww.demandstar.com/for any addenda. The Purchasing Department will not
manually distribute any addendum.
2.09 FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION
REQUIREMENTS
Respondents who are required to be registered with the Florida Department of State, Division of
Corporations or who are incorporated within thg State of Florida must furnish their Florida document
number,and a screen shot of their"active"status. All registered respondents must have an active
status in order to be eligible to do business with the School Board. Respondents doing business
under a fictitious name,on page 1,must submit their offer using the company's complete registered
legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit:
www.Sunbiz.org.
2.10 AWARD
The School Board reserves the right to award the contract to the bidder(s)that the Board deems to
offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation. The
Board is therefore not bound to accept a bid on the basis of lowest price. In addition, the Board
has the sole discretion and reserves the right to cancel this Bid,to reject any and all bids,to waive
any and all informalities and/or irregularities, or to re-advertise with either the identical or revised
specifications, if it is deemed to be in the best interest of the Board to do so. The Board also
reserves the right to make multiple awards based on experience and qualifications or to award only
a portion of the items and/or services specified, if it is deemed to be in the Board's best interest.
2.11 DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS BID
Each bid submittal shall be evaluated for conformance as responsive and responsible using the
following criteria:
A. Proper submittal of ALL documentation as required by this bid. (Responsive)
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B. The greatest benefits to the School District as it pertains to: (Responsible)
1. Total Cost.
2. Delivery.
3. Past Performance. In order to evaluate past performance, all bidders are required to
submit:
a. A list of references with the bid and;
b. A list of relevant projects completed within the last 3 years that are the same or
similar to the magnitude of this ITB.
4. All technical specifications associated with this bid.
5. Financial Stability: Demonstrated ability, capacity and/or resources to acquire and
maintain required staffing.
6. Copies of manufacturer's Standard Warranties
7. Catalogs/Price Sheets
Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award
will be made to the lowest responsive, responsible, bidder whose bid represents the best overall
value to the School District when considering all evaluation factors.
2.12 OTHER AGENCIES
A. In accordance with State Board Rule 6A-1.012(6), all bidders awarded contracts from this
Bid may, upon mutual agreement with the other agency, permit any school district/board,
municipality or other governmental agency,to include Public Charter Schools,to participate
in the contract under the same prices,terms and conditions, if agreed to by both parties.
B. Further, it is understood that each school district/board or agency will issue its own
purchase order to the awarded bidder(s).
2.13 CONTRACT
A. The contents of this Bid and all provisions of the successful bidder's Submittal Form shall
be considered a contract and become legally binding. A separate contract document,other
than the purchase order(s),will not be issued.
B. The Director of Purchasing and Warehouse Services, Superintendent, and Board Chair
are the sole Contracting Officers for the School Board, and only they or their designee are
authorized to make changes to any contract.
C. The School Board shall be responsible for only those orders placed by the
schools/departments on an authorized signed purchase order or visa purchasing card. The
School Board shall not be responsible for any order, change substitution or any other
discrepancy on the purchase order or card charges. If there is any question about the
authenticity of a purchase order,card charge or change order, the bidder should promptly
contact the Purchasing Department.
D. The District hereby notifies interested parties that the purchasing agreements and state
term contracts,available under s.287.056,of the Department of Management Services will
be reviewed for the subject of the award recommendation of this solicitation.
2.14 DISCLOSURE OF BID CONTENT
A. All material submitted becomes the property of the School Board and may be returned only
at the School Board's option. The School Board has the right to use any or all ideas
presented in any reply to this Bid. Selection or rejection of any Bid Submittal does not
affect this right.
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B. The School Board is governed by the Public Record Law, Chapter 119, Florida Statutes
(F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S.or financial statements
required by the School Board as defined in 119.071(1)(c), F.S. (hereinafter°Confidential
Materials"), may be exempt from disclosure. If a successful bidder submits Confidential
Materials, the information must be segregated, accompanied by an executed Non-
disclosure Agreement for Confidential Materials and each pertinent page must be clearly
labeled "confidential" or "trade secret" The School Board will not disclose such
Confidential Materials, subject to the conditions detailed within the Agreement, which is
attached to this solicitation. When such segregated and labeled materials are received
with an executed Agreement,the School Board shall execute the Agreement and send the
successful bidder a"Receipt for Trade Secret Information."
RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED
IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO
DETERMINE IF THIS APPLIES.
2.15 BIDDER'S RESPONSIBILITY
The bidder, by submitting a Bid represents that
A. The bidder has read and understands the Invitation to Bid in its entirety and that the Bid is
made in accordance therewith,and;
B. The bidder possesses the capabilities, resources, and personnel necessary to provide
efficient and successful service to the School Board, and;
•
C. Before submitting a Bid, each bidder shall make all investigations and examinations
necessary to ascertain site and/or local conditions and requirements affecting the full
performance of the contract and to verify any representations made by the School Board,
upon which the bidder will rely. If the bidder receives an award because of its Bid Submittal,
failure to have made such investigations and examinations will in no way relieve the bidder
from its obligations to comply in every detail with all provisions and requirements of the
contract, nor will a plea of ignorance of such conditions and requirements be accepted as
a basis for any claim by the bidder for additional compensation or relief.
D. The bidder will be held responsible for any and all discrepancies, errors, etc., in discounts
or rebates which are discovered during the contract term or up to and including five (5)
fiscal years following the School Board's annual audit including five(5)years thereafter.
2.16 PAYMENT TERMS
A. INVOICING
The successful bidder will be required to submit invoices and reference purchase order
numbers on all requests for payment. All statements must reference valid DISTRICT
purchase order numbers. Invoices shall be mailed directly to the bill to as listed on the
purchase order. A separate invoice must be received for each purchase order number.
Payment for partial shipments shall not be made unless specified. Invoices,which do not
reference valid DISTRICT, purchase order numbers or which are erroneous (incorrect
contract prices,minimum order charges,etc.)shall be returned to the vendor for resolution
of the discrepancies. It is the sole responsibility of the vendor to reconcile the purchase
order and the vendor's invoice and to notify the purchasing representative of any
discrepancies prior to billing. The school board will only pay the dollar amounts authorized
on the purchase order.
B. The School Board will remit full payment on all undisputed invoices within 45 (forty-five)
days from receipt by the appropriate person(s)(to be designated at time of contract)of the
invoice(s)or receipt of all products or services ordered.
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• ITB# 17-8-010-LU Automotive&Truck Batteries
C. Pursuant to Chapter 218, Florida Statutes,the School Board will pay interest, not to exceed
one percent(1%)per month,on all undisputed invoices not paid within 45 (forty-five)days
after receipt of the entire order of the commodity or service, AND a properly completed
invoice,whichever is later.
D. The School Board has the capabilities of Electronic Fund Transfer (EFT). List any
additional discounts for payment using Electronic Funds Transfer (EFT) and/or any
additional discounts to be applied to such payments.
E. By submitting a Bid(offer) to the School Board, the bidder expressly agrees that if
awarded a contract,the School Board may withhold from any payment,monies owed
by the bidder to the School Board for any legal obligation between the bidder and
the School Board.
F. PARTIAL PAYMENT
Partial payments in the full amount of the value of items received and accepted may be
requested by the submission of a properly executed invoice with support documents if
required.
G. PAYMENT DISCOUNTS
A bid price submitted indicating a discount if an invoice is paid within a certain number of
days from the date of the invoice cannot be considered as a basis for the bid evaluation.
All bid prices must be net and not contingent on terms.
2.17 LICENSES AND CERTIFICATES
A. The School Board reserves the right to require proof that the respondent is an established
business and is abiding by the ordinances, regulation, and the laws the State of Florida,
such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax
registration, Federal Employers Identification Number,AND;
B. Each firm and personnel who will be performing services on behalf of the firm for the Board
are to be properly licensed to do business in its area of expertise in the State of Florida
Each firm shall submit with their proposal a copy of,and maintain the appropriate licenses
and certificates during the term of the contract and any extensions. Failure to maintain
these requirements shall be cause for immediate termination of the contract.
2.18 INSURANCE REQUIREMENTS
The ContractorNendor will provide before commencement of work, and attach to this agreement,
a certificate(s) evidencing such insurance coverage to the extent listed in 8.1 to 8.5 below. The
following applies to the insurance requirements below for products or services from Contractors
when all products, services, or work performed when totaled together will pay the contractor
$25,000 or more during the fiscal year. The insurance requirements are as follows:
1. Insurance listed in 8.1 below is required of all contractors and vendors: The School Board shall
be named as an additional insured to the insurance policy. If the School Board is not named
as an additional insured then the School Board reserves the right terminate this agreement.
2. Insurance listed in 8.2 below: All contractors whose work for the School Board includes
products or services,and the value of these products or services are in excess of$25,000 are
required to carry this insurance to the limit listed below.
3. Insurance listed in 8.3 below: Any contractor or vendor transporting district employees,
delivering or transporting district owned equipment or property, or providing services or
equipment where a reasonable person would believe the School Board is responsible for the
work of the contractor from portal to portal is required to carry this insurance to the limit listed
below.
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4. Insurance as listed in 8.4 below: All contractors and vendors that have one or more employees
or subcontracts any portion of their work to another individual or company is required to have
workers'compensation insurance to the limits listed below. For contracts of$25,000 or more,
no State of Florida, Division of Workers'Compensation, Exemption forms will be accepted. All
entities and individuals are required to purchase a commercial workers' compensation
insurance policy.
5. Insurance as listed in 8.5 below: All contractors providing professional services such as
architects,engineers,attorneys,auditors,accountants,etc.are required to have this insurance
to the limits listed below.
All Contractors will carry and maintain policies as described in numbers 1 to 5 above and as
checked off in the box to the left of each section 8.1 to 8.5 below as specifically marked by
representatives of the Office of Purchasing Services. All required insurance required must be from
insurance carriers that have a rating of"A"or better and a financial size category of"VII"or higher
according to the A. M. Best Company. Such certificates must contain a provision for notification
to the Board thirty (30)days in advance of any material change in coverage or cancellation. This
is applicable to the procurement and delivery of products, goods, or services furnished to the
School Board of Brevard County.
• 8.1. Commercial General Liability Insurance:
Negligence including Bodily Injury and Property Damage
Per Occurrence- $1,000,000
General Aggregate- $2000,000
O 8.2. Product Liability and/or Completed Operations Insurance:
Negligence Including Bodily Injury and property damage- $1,000,000
Products—Completed Operations Aggregate- $2,000,000
® 8.3.Automobile Liability:
Negligence Including Bodily Injury and Property Damage:
Per Claim- $ 500,000
Combined Single Limit(each accident)- $1,000,000
® 8.4.Workers'Compensation/Employer's Liability:
W.C. Limit Required*- Statutory Limits
E.L. Each Accident- $ 100,000
E.L. Disease—Each Employee $ 100,000
E.L. Disease—Policy Limit $500,000
❑ 8.5. Professional Liability Insurance(Errors and Omissions):
For services,goods or projects that will exceed$1,000,000 in values over a year.
Each Claim- $1,000,000
Annual Aggregate- $2,000,000
For services,goods or projects that will not exceed$1,000,000 in values over a year.
Each Claim- $250,000
Annual Aggregate- $500,000
Professional Liability coverage must be maintained for a two-year period following completion of
the contract.
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2.19 SAFETY
The bidder shall take the necessary precautions and bear the sole responsibility for the safety of
the methods employed in performing the work. The bidder shall at all times comply with the
regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA"
and all applicable state labor laws, regulations, and standards. Bidder shall take all necessary
precautions to ensure all materials provided do not include Asbestos. The bidder shall indemnify
and hold harmless the School Board from and against all liabilities, suits, damages, costs, and
expenses (including attorney's fees and court costs)which may be imposed on the School Board
because of the bidder, sub-contractor,or supplier's failure to comply with the regulations.
2.20 WAGE PRICE REDETERMINATION
A. If the federal government increases the minimum wage during the term of the contract and any
renewal, the bidder may petition the Director of Purchasing and Warehouse Services for price
redetermination for those job categories where the pay to the bidder's employee is the current
minimum wage.The School Board will grant an increase of exactly the amount of the minimum
wage increase [not the percentage increase]. The bidder must increase the pay to the
employee by the amount the bidder wants increased.The amount paid to the bidder will be the
increase plus any written and documented increase in FICA, Medicare, and Workers'
Compensation insurance.The bidder must supply written documentation of any other increase
that is beyond the scope and control of the bidder. All written documentation must satisfy the
reasonable expectations of the School Board.
[Example: minimum wage increases from$5.75 to$6.00 per hour.The bidder's Bid amount for
category X to the employee is$5.75, and the billed rate is$6.60. The bidder may petition for
an increase of$0.25 per hour to be paid to the employee and a billed rate of$6.85 +written
and documented cost increases for FICA, Medicare and Workers'Compensation.]
B. If the School Board and the bidder cannot agree on the price redetermination,then the contract
will expire without prejudice. The School Board reserves the right to award any classification(s)
from an expired contract to the next lowest responsive and responsible bidder that is still under
contract.
C. If the bidder bills the School District at a higher price according to any price redetermination
granted by the School Board, and the bidder fails to increase the hourly rate paid to the
employee for the same period,the bidder will be considered in contract default and the contract
will be immediately terminated.
2.21 DEVIATIONS
All Bid Submittals must clearly and with specific detail, note all deviations to the exact requirements
imposed upon the bidder by the specifications. Such deviations must be stated upon the Bid
Submittal Form;otherwise the School Board will consider the subject Bid Submittals as being made
in strict compliance with said Specifications to bidders,the bidder being held therefore accountable
and responsible. Bidders are hereby advised that School Board will only consider Bid Submittals
that meet the exact requirements imposed by the specifications; except, however, said Bid
Submittals may not be subject to such rejection where, at the sole discretion of The School
Board,the stated deviation is considered to be equal or better than the imposed requirement and
where said deviation does not destroy the competitive character of the Bid process by affecting the
amount of the Bid Submittal such that an advantage or benefit is gained to the detriment of the
other bidders.
2.22 MATERIAL SAFETY DATA SHEET
In accordance with Chapter 487 of the Florida Statutes, it is the bidder's responsibility to identify
and to provide to the Office of Purchasing and Warehouse Services and the Office of Environmental
Health and Safety a Material Safety Data Sheet for any material,as may apply to this procurement.
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2.23 WAIVER OF CLAIMS
Once this contract expires, or final payment has been requested and made, the awarded bidder
shall have no more than thirty(30) calendar days to present or file any claims against the School
Board concerning this contract After that period,the School Board will consider the bidder to have
waived any right to claims against the School Board concerning this agreement
2.24 TERMINATION/CANCELLATION OF CONTRACT
The School Board reserves the right to cancel the contract without cause with a minimum thirty(30)
days written notice.
Termination or cancellation of the contract will not relieve the bidder of any obligations for any
deliverables entered into prior to the termination of the contract (i.e., reports, statements of
accounts,etc., required and not received).
Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities
resulting from any acts committed by the bidder prior to the termination of the contract.
The bidder may cancel the resulting contract with one hundred twenty(120)days written notice
to the Director of Purchasing and Warehouse Services. Failure to provide proper notice may result
in the bidder being barred from future business with the School District.
2.25 TERMINATION FOR SCHOOL BOARD'S CONVENIENCE
The performance of work under this contract may be terminated in accordance with this clause in
whole, or from the time in part, whenever the School Board representative shall determine that
such termination is in the best interest of the School Board. Any such termination shall be effected
by the delivery to the bidder of a Notice of Termination specifying the extent to which performance
of work under the contract is terminated, and the date upon which such termination becomes
effective. Upon such termination for convenience, bidder shall be entitled to payment, in
accordance with the payment provisions,for services rendered up to the termination date and the
School Board shall have no other obligations to bidder. Bidder shall be obligated to continue
performance of contract services, in accordance with this contract, until the termination date and
shall have no further obligation to perform services after the termination date.
2.26 TERMINATION FOR DEFAULT
The School District's Contract Administrator shall notify, in writing, the bidder of deficiencies or
default in the performance of its duties under the Contract. Three separate documented instances
of deficiency or failure to perform in accordance with the specifications contained herein shall
constitute cause for termination for default, unless specifically specified to the contrary elsewhere
within this solicitation. It shall be at the School Board's discretion whether to exercise the right to
terminate. Bidder shall not be found in default for events arising due to acts of God. Termination
for cause includes terminations under 287.135,F.S.
2.27 VENDOR PERFORMANCE
BPS project personnel shall monitor Contractor performance. A'Report of Unsatisfactory Product
or Service' form (attached) shall be utilized to document unsatisfactory performance during the
term of this contract. The report may become an important part of the Contractor's history. The
report and process will assist the Office of Purchasing Services to determine whether there is a
continuing pattern of problems which may need to be addressed through termination of contract
and/or suspension of Contractor from future bidding.
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2.28 COLLUSION
The School Board of Brevard County reserves the right to disqualify bids upon evidence of collusion
with intent to defraud, or other illegal practices to include circumventing or manipulating the bid
process in a manner that conflicts with applicable law, upon the part of the Bidder(s), Bidder's
employees or agents , the District's Professional Consultant(s), or Consultant's agents, or any
District employee(s) who may, or may not, be involved in the development of bid specifications
and/or firm bid schedules. Multiple bids from an individual, partnership, corporation, association
(formal or informal)or firm under the same or different names shall not be considered. Reasonable
grounds for believing that a Bidder has interest in multiple proposals for the same work shall be
cause for rejection of all proposals in which such Bidder is believed to have an interest in. Any
and/or all proposals shall be rejected if there is any reason to believe that collusion exists among
one or more of the Bidders, the District's Professional Consultant(s) or District employees.
Contractors involved in developing a bid specification or Contractors with knowledge of bid
specifications prior to a bid advertisement shall be disqualified from participating in the applicable
bid process.
2.29 INCURRED EXPENSES
This ITB does not commit the School Board to award a contract, nor shall the School Board be
responsible for any cost or expense which may be incurred by the bidder in preparing and
submitting the Submittal called for in this ITB, or any cost or expense incurred by the bidder prior
to the execution of a contract agreement
2.30 MINIMUM SPECIFICATIONS
The specifications listed herein are the minimum required specifications for this ITB. They are not
intended to limit competition nor specify any particular bidder, but to ensure that the School District
receives quality products and services.
2.31 COMPLIANCE WITH LAWS AND REGULATIONS
The bidder shall be responsible to know and to apply all applicable federal and state laws,all local
laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having
jurisdiction or authority which in any manner affect the work,or which in any way affect the conduct
of the work. Bidder shall always observe and comply with all such laws, ordinances, rules,
regulations, orders, and decrees. The bidder shall protect and indemnify School Board and all its
officers, agents, servants, or employees against any claim or liability arising from or based on the
violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by
bidder, its representatives, sub-contractors, sub-consultants, professional associates, agents,
servants, or employees. Additionally, bidder shall obtain and maintain at its own expense all
licenses and permits to conduct business pursuant to this contract from the federal government,
State of Florida, Brevard County,or municipalities when legally required,and maintain same in full
force and effect during the term of the contract
2.32 CONTRACTOR'S PUBLIC RECORDS
Public Records Act/Chapter 119 Contractor agrees to comply with the Florida Public Records Act
(Chapter 119, Florida Statutes)to the fullest extent applicable, and shall, if this engagement is one
for which services are provided, by doing the following:
A. Contractor and its subcontractors shall keep and maintain public records required by the SBBC to
perform the service.
B. Effective July 1, 2016, Contractor and its subcontractors shall upon request from the SBBS's
custodian of public records, provide the SBBC with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed that
provided in chapter 119, Florida Statutes or as otherwise provided by law;
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C. Contractor and its subcontractors shall ensure that public records that are exempt or that are
confidential and exempt from the public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following completion of the contract
if the Contractor does not transfer the records to the SBBC; and
D. Contractor and its subcontractors upon completion of e contract shall transfer to the SBBC, at no
cost,all public records in possession of the Contractor and its subcontractors or keep and maintain
the public records required by the SBBC to perform the service. If the Contractor and its
subcontractors transfer all public records to the SBBC upon completion of the contract, the
Contractor and its subcontractors shall destroy any duplicate public records that are exempt or that
are confidential and exempt from the public records disclosure requirements. If the Contractor and
its subcontractors keep and maintain public records, upon completion of the contract, the
Contractor and its subcontractors shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the SBBC, upon request from the
SBBC's custodian of public records, in a format that is compatible with the information technology
systems of the SBBC.
E. The parties agree that if the Contractor and its subcontractors fail to comply with a public records
request,then the SBBC must enforce the Agreement provisions in accordance with the Agreement
and as required by Section 119.0701, Florida Statutes
F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, CASEY PIQUERO AT 321-633-1000 EXT. 463,
Piquero.Casey@Brevardschools.org, THE SCHOOL BOARD OF BREVARD
COUNTY, FLORIDA, 2700 JUDGE FRAN JAMIESON WAY,VIERA, FL 32940.
2.33 LOCAL BUSINESS TAX RECEIPTS
A. Any bidder whose permanent business location is In Brevard County shall submit with the bid
a copy of their Local Business Tax Receipt (formerly known as an "Occupational License")
issued to them by the Brevard County Tax Collector.
B. Any bidder whose permanent business location is in a Florida county other than Brevard
County shall submit with their bid a copy of their Local Business Tax Receipt issued to them
by the tax collector of the county of their permanent business location, unless that county does
not collect Local Business Taxes or issue Local Business Tax Receipts.
2.34 RECORDS&RIGHT TO AUDIT •
The bidder shall maintain such financial records and other records as may be prescribed by the
School Board or by applicable federal and state laws,rules,and regulations. The bidder shall retain
these records for a period of five (5) years after final payment, or until the School Board audits
them,whichever event occurs first..These records shall be made available during the term of the
contract and the subsequent five (5) year period for examination, transcription, and audit by the
School Board, its designees, or other entities authorized by law. At the expiration of such period,
contractor, if request by the District, will turn over such records to the District to be kept for such
time as the District may elect
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2.35 CHANGES IN SCOPE OF WORK/SERVICE
A. The School Board may order changes in the work/service consisting of additions,deletions,
or other revisions within the general scope of the contract. No claims may be made by the
bidder that the scope of the project or of the bidder's services has been changed, requiring
changes to the amount of compensation to the bidder or other adjustments to the contract,
unless such changes or adjustments have been made by written amendment to the
contract signed by the School Board Chair and the bidder.
B. If the bidder believes that any particular work/service is not within the scope of work/service
of the contract, is a material change, or will otherwise require more compensation to the
bidder,the bidder must immediately notify the School Board's Representative in writing of
this belief. If the School Board's Representative believes that the particular work/service
is within the scope of the contract as written,the bidder will be ordered to and shall continue
with the work/service as changed and at the cost stated for the work/service within the
scope. The bidder must assert its right to an adjustment under this clause within thirty(30)
days from the date of receipt of the written order.
C. The School Board reserves the right to negotiate with the awarded bidder(s) without
completing the competitive bidding process for materials, products,and/or services similar
in nature to those specified within this ITB for which requirements were not known when
the ITB was released.
2.36 MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW
The School Board shall have the power to make changes in the contract as the result of changes
in Florida law and/or rules of the School Board to impose new rules and regulations on the bidder
under the contract relative to the scope and methods of providing services as shall from time-to-
time be necessary and desirable for the public welfare. The School Board shall give the bidder
notice of any proposed change and an opportunity to be heard concerning those matters. The
scope and method of providing services as referenced herein shall also be liberally construed to
include, but is not limited to, the manner, procedures, operations and obligations, financial or
otherwise, of the bidder. In the event any future change in Federal, State or County law or the
rules of the School Board materially alters the obligations of the bidder,or the benefits to the School
Board, then the contract shall be amended consistent therewith. Should these amendments
materially alter the obligations of the bidder, then the bidder or the School Board shall be entitled
to an adjustment in the rates and charges established under the contract. Nothing contained in the
contract shall require any party to perform any act or function contrary to law. The School Board
and bidder agree to enter into good faith negotiations regarding modifications to the contract,which
may be required in order to implement changes in the interest of the public welfare or due to change
in law. When such modifications are made to the contract, the School Board and the bidder shall
negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or
other obligations required of the bidder directly and demonstrably due to any modification in the
contract under this clause.
2.37 RIGHT TO REQUIRE PERFORMANCE
A. The failure of the School Board at any time to require performance by the bidder of any
provision hereof shall in no way affect the right of the School Board thereafter to enforce
same,nor shall waiver by the School Board of any breach of any provision hereof be taken
or held to be a waiver of any succeeding breach of such provision or as a waiver of any
provision itself.
B. In the event of failure of the bidder to deliver services in accordance with the contract terms
and conditions, the School Board, after due written notice, may procure the services from
other sources and hold the bidder responsible for any resulting additional purchase and
administrative costs. This remedy shall be in addition to any other remedies that the School
Board may have.
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2.38 FORCE MAJEURE
The School Board and the bidder will exercise every reasonable effort to meet their respective
obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays
resulting from force majeure or other causes beyond their reasonable control, including, but not
limited to,compliance with any government law or regulation,acts of God,acts or omissions of the
other party, government acts or omissions, fires, strikes, national disasters, wars, riots,
transportation problems and/or any other cause whatsoever beyond the reasonable control of the
parties. Any such cause will extend the performance of the delayed obligation to the extent of the
delay so incurred.
2.39 BIDDER'S PERSONNEL
During the performance of the contract,the bidder agrees to the following:
A. The bidder shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, handicap or national origin, except when such
condition is a bona fide occupational qualification reasonably necessary for the normal
operations of the bidder. The bidder agrees to post in conspicuous places, visible to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination dause.
B. The bidder, in all solicitations or advertisements for employees placed by or on behalf of
the bidder,shall state that such bidder is an Equal Opportunity Employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
D. The bidder shall include the provisions of the foregoing paragraphs A, B, and C,above, in
every subcontract or purchase order so that the provisions will be binding upon each
bidder.
E. The bidder and any sub-contractor shall pay all employees working on this contract not
less than minimum wage specified in the Fair Labor Standards Act(29 CFR 510-794)as
amended.
F. Any information concerning the School Board,its products,services,personnel,policies or
any other aspect of its business learned by the bidder or personnel furnished by the bidder
in the course of providing services pursuant to the Agreement, shall be held in confidence
and shall not be disclosed by the bidder or any employee or agents of the bidder or
personnel furnished by the bidder, without the prior written consent of the School Board.
G. All employees assigned by the Bidder to the performance of work under this contract shall
be physically able to do their assigned work. It shall be the Bidder's responsibility to insure
that all employees meet the physical standards to perform the work assigned and are free
from communicable diseases. This requirement also includes acceptable hygiene habits
of Bidder's employees.
H. The personnel employed by the Bidder shall be capable employees, age 18 years or
above, qualified in this type of work.
I. It is the Bidder's responsibility to ensure that all employees are legally allowed to work in
the United States in accordance with Immigration Policies.
J. The Bidder's employees shall be required to dress neatly, commensurate with the tasks
being performed.
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K. All District facilities are tobacco free. The Board prohibits the use of tobacco in school
buildings. Such prohibition also applies on school grounds,on school buses,and/or at any
school-related event. Refer to Board Policies, 7434-use of tobacco on school premises.
L. It is the Bidders responsibility to see that every employee on the Bidder's work force is
provided and wears an Identification Badge or company shirt/uniform in order to maintain
security at the school's facility. It shall be Bidder's responsibility to inform the School
District Representative(s)of all new employees promptly at time of employment.All visitors,
including volunteers and vendors, are to check in and out with the front office using the
applicable software and must wear a badge indicating their visitor status. Refer to Board
Policies, 9150—School Visitors.
M. The Bidder shall require employees to be dressed in their appropriate work attire when
reporting for duty.
N. The Bidder shall prohibit their employees from disturbing papers on desks, opening desk
drawers or cabinets,or using telephone or office equipment provided for official use.
O. The Bidder shall require their employees to comply with the instructions pertaining to
conduct and building regulations, issued by duly appointed officials, such as the building
managers, guards, inspectors,etc.
P. The School District's Representative(s)will determine how the Bidder will receive access
to the facility.
Q. If keys are provided and lost,the Bidder will be responsible for any and all costs associated
with replacement keys and re-keying of the facility.
R. When requested, the Bidder shall cooperate with any ongoing SCHOOL BOARD
investigation involving economic loss or damage to SCHOOL BOARD buildings, or
SCHOOL BOARD or personal property therein. The SCHOOL BOARD reserves the right
to require any employee of the Bidder to submit to a polygraph test if the SCHOOL BOARD
has a reasonable suspicion that the employee is or was involved in the incident or activity
under investigation. The Bidder shall obtain a waiver from the employee authorizing the
release to the SCHOOL BOARD of information acquired by the Bidder from the polygraph
test The SCHOOL BOARD, at its discretion, may require that the Bidder immediately
remove the employee under investigation from working within SCHOOL BOARD buildings
for the following reasons: 1)The employee's refusal to submit to a polygraph test in the
above circumstances, or 2)an employee's refusal to sign the waiver referenced above or
3)an analysis of the polygraph test indicates that the employee is or was involved in the
incident under investigation. If the test results show involvement on the part of the Bidder's
employee, the Bidder will be obligated to cover the cost of the examination. If the test
results indicate that the Bidder's employee was not involved in the incident, when the
SCHOOL BOARD will pay for the cost of the examination.
S. CONTROLLED SUBSTANCE OR ALCOHOL ABUSE ON SCHOOL BOARD PROPERTY:
The successful Bidder(s) is hereby notified that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance or alcohol is prohibited on any
school district property,or at any school board activities. Violations may subject the Bidder
and/or the Bidder's employee(s)to prosecution,fines, imprisonment and/or cancellation of
this or any other contract(s)that this Bidder presently holds. The Bidder(s)are required by
this school board to take appropriate disciplinary action in such cases and/or require that
the employee(s)satisfactory participation in a rehabilitation program.
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T. Any Bidder's employee convicted of violating a criminal drug statute in the workplace must
report the conviction to the employer within five (5) workdays. Bidders (Employers) are
required to report such convictions to the school board within ten(10)workdays of receiving
this information.
U. The School Board of Brevard County, Florida, is committed to the education and safety of
its students and employees. To that end, any bidder awarded a contract will be required
to assure that the personnel assigned to the project, do not possess criminal records that
would violate the School Board's standards for employment as set forth by the Florida
Department of Education. Each bidder must certify that the company and its employees
are or will be in compliance with those standards for the project awarded.
V. The Bidder shall strictly prohibit interaction between their employees and the student(s).
W. Bidder's employees may not solicit, distribute or sell products while on School District
property.
X. Friends,visitors or family members of the Bidder's employees are not permitted in the work
area.
Y. The Bidder shall adhere to all of the District's security standards.
2.40 COMPLIANCE WITH THE JESSICA LUNSFORD ACT
Florida Statutes require that all persons or entities entering into contracts with the School
Boards/School Districts/Charter Schools who may have personnel who will be on school grounds
when students may be present, or who will have contact with students shall comply with the level
2 screening requirements of the Statute and School District Standards. The required level 2
screening includes fingerprinting that must be conducted by the District. Any individual who fails
to meet the screening requirements shall not be allowed on school grounds. Failure to comply with
the screening requirements will be considered a material default of this contract/agreement.
2.41 CLAIM NOTICE
The bidder shall immediately report in writing to the School Board'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 bidder agrees to cooperate with the School Board in promptly
releasing reasonable information periodically as to the disposition of any claims, including a
resume'of claims experience relating to all bidder operations at the School Board project site.
2.42 BANKRUPTCY/INSOLVENCY
At the time of bid submittal, vendor/firm shall not be in the process of or engaged in any type of
proceedings in insolvency or bankruptcy, either voluntary or involuntary, or receivership
proceedings. If the vendor/firm is awarded a contract for six (6) months or longer, and files for
bankruptcy, insolvency or receivership, the District may, at its option, terminate and cancel said
contract, in which event all rights hereunder shall immediately cease and terminate.
2.43 CONTRACT/BIDDER RELATIONSHIP
The School Board reserves the right to award one or more contracts to provide the required
services as deemed to be in the best interest of the School Board.
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Any awarded bidder shall provide the services required herein strictly under a contractual
relationship with the School Board and is not, nor shall be, construed to be an agent or employee
of the School Board. As an independent bidder the awarded bidder shall pay any and all applicable
taxes required by law; shall comply with all pertinent Federal, State, and local statutes including,
but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal
Civil Rights Act,and any and all relevant employment laws. The bidder shall be responsible for all
income tax, FICA, and any other withholdings from its employees' or sub-bidder's wages or
salaries. Benefits for same shall be the responsibility of the bidder including, but not limited to,
health and life insurance, mandatory Social Security, retirement, liability/risk coverage, and
workers'and unemployment compensation.
The independent bidder shall hire, compensate, supervise, and terminate members of its work
force; shall direct and control the manner in which work is performed including conditions under
which individuals will be assigned duties, how individuals will report, and the hours individuals will
perform.
The independent bidder shall not be exclusively bound to the School Board and may provide
professional services to other private and public entities as long as it is not in direct conflict and
does not provide a conflict of interest with the services to be performed for the School Board.
The independent bidder shall not be provided special space,facilities, or equipment by the School
Board to perform any of the duties required by the contract nor shall the School Board pay for any
business,travel, or training expenses or any other contract performance expenses not specifically
set forth in the specifications.
2A4 NEW MATERIAL
Unless otherwise provided for in this specification, the bidder represents and warrants that the
goods, materials, supplies, or components offered to the School District under this Bid solicitation
are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their
usefulness or safety and that the goods, materials, supplies, or components offered are current
production models of the respective manufacturer. If the bidder believes that furnishing used or
reconditioned goods, materials, supplies,or components will be in the School Board's interest,the
bidder shall so notify the School District Buyer in writing no later than ten (10)working days prior
to the date set for opening of Bids. The notice shall include the reasons for the request and any
benefits that may accrue to the School District if the Buyer authorizes the Bidding of used or
reconditioned goods,materials, supplies,or components.
2A5 DAMAGES
Due to the nature of the services to be provided and the potential impact to the School District for
loss of Automotive& Truck Batteries,the bidder cannot disclaim consequential or inconsequential
damages related to the performance of this contract. The bidder shall be responsible and
accountable for any and all damages,directly or indirectly, caused by the actions or inaction of its
employees,staff, or sub-consultants.There are no limitations to this liability.
2A6 CONFLICT OF INTEREST FORM
All bidders shall complete and have notarized the attached disclosure form of any potential conflict
of interest that the bidder may have due to ownership,other clients,contracts,or interest associated
with this project.
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2.47 LITIGATION
Bidders shall submit details of all litigation,arbitration or other claims,whether pending or resolved
in the last five years, with the exception of immaterial claims which are defined herein as claims
with a possible value of less than$25,000.00 or which have been resolved for less than$25,000.00.
Notwithstanding the foregoing,all litigation,arbitration or other claims, of any amount, asserted by
or against a state, city, county, town, school district, political subdivision of a state, special district
or any other governmental entity shall be disclosed. Please indicate for each case the year, name
of parties, cause of litigation, matter in dispute, disputed amount, and whether the award was for
or against the Bidder.
2.48 RESOLUTION OF BID PROTESTS
In accordance with Florida Statutes 120.57(3) and School Board Policy 6320, the following
procedures shall be followed for the resolution of any bid protests:
(a) The agency shall provide notice of a decision or intended decision concerning a solicitation,
contract award,or exceptional purchase by electronic posting.This notice shall contain the
following statement:"Failure to file a protest within the time prescribed in section 120.57(3),
Florida Statutes,or failure to post the bond or other security required by law within the time
allowed for filing a bond shall constitute a waiver of proceedings under chapter 120,Florida
Statutes."
(b) Any person who is adversely affected by the agency decision or intended decision shall file
with the agency a notice of protest in writing within 72 hours after the posting of the notice
of decision or intended decision. With respect to a protest of the terms, conditions, and
specifications contained in a solicitation, including any provisions governing the methods
for ranking bids, proposals, or replies, awarding contracts, reserving rights of further
negotiation, or modifying or amending any contract, the notice of protest shall be filed in
writing within 72 hours after the posting of the solicitation. The formal written protest shall
be filed within 10 days after the date the notice of 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 chapter.The formal written protest shall state with particularity the facts and law
upon which the protest is based.Saturdays,Sundays,and state holidays shall be excluded
in the computation of the 72-hour time periods provided by this paragraph.
1. In accordance with School Board Policy 6320, all formal written protests must be
accompanied with a bond payable to the School Board of Brevard County equal to
one percent(1%)of the total estimated contract value, but no less than$500 nor
more than $5,000. The bond shall be conditioned upon the payment of all costs
which may be adjudged against the protester in the administrative hearing in which
the action is brought and in any subsequent appellate court proceeding. if, after
completion of the administrative hearing process and any appellate court
proceedings,the District prevails,it shall recover all costs and charges,which shall
be included in the final order or judgment, including charges made by the Division
of Administrative Hearings, but excluding attorneys fees. If the protester prevails,
s/he shall recover from the District all costs and charges which shall be included
in the final order of judgment,excluding attorney's fees.
2. In accordance with School Board Policy 6320, failure to file a notice of intent to
protest,or failure to file a formal written protest and bond within the time prescribed
herein, shall constitute a waiver of proceedings under Chapter 120, Florida
Statutes.
(c) Upon receipt of the formal written protest that has been timely filed,the agency shall stop
the solicitation or contract award process until the subject of the protest is resolved by final
agency action, unless the agency head sets forth in writing particular facts and
circumstances which require the continuance of the solicitation or contract award process
without delay in order to avoid an immediate and serious danger to the public health,safety,
or welfare.
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(d) 1. The agency shall provide an opportunity to resolve the protest by mutual
agreement between the parties within 7 days, excluding Saturdays, Sundays, and state
holidays,after receipt of a formal written protest
2. If the subject of a protest is not resolved by mutual agreement within 7 days,
excluding Saturdays, Sundays, and state holidays, after receipt of the formal written
protest, and if there is no disputed issue of material fact, an informal proceeding shall be
conducted pursuant to subsection(2)and applicable agency rules before a person whose
qualifications have been prescribed by rules of the agency.
3. If the subject of a protest is not resolved by mutual agreement within 7 days,
excluding Saturdays, Sundays, and state holidays, after receipt of the formal written
protest, and if there is a disputed issue of material fact, the agency shall refer the protest
to the division by electronic means through the division's website for proceedings under
subsection (1).
(e) Upon receipt of a formal written protest referred pursuant to this subsection,the director of
the division shall expedite the hearing and assign an administrative law judge who shall
commence a hearing within 30 days after the receipt of the formal written protest by the
division and enter a recommended order within 30 days after the hearing or within 30 days
after receipt of the hearing transcript by the administrative law judge, whichever is later.
Each party shall be allowed 10 days in which to submit written exceptions to the
recommended order. A final order shall be entered by the agency within 30 days of the
entry of a recommended order. The provisions of this paragraph may be waived upon
stipulation by all parties.
(f) In a protest to an invitation to bid or request for proposals procurement, no submissions
made after the bid or proposal opening which amend or supplement the bid or proposal
shall be considered. In a protest to an invitation to negotiate procurement, no submissions
made after the agency announces its intent to award a contract, reject all replies, or
withdraw the solicitation which amend or supplement the reply shall be considered. Unless
otherwise provided by statute, the burden of proof shall rest with the party protesting the
proposed agency action. In a competitive-procurement protest,other than a rejection of all
bids,proposals,or replies,the administrative law judge shall conduct a de novo proceeding
to determine whether the agency's proposed action is contrary to the agency's governing
statutes, the agency's rules or policies, or the solicitation specifications. The standard of
proof for such proceedings shall be whether the proposed agency action was clearly
erroneous, contrary to competition, arbitrary, or capricious. In any bid-protest proceeding
contesting an intended agency action to reject all bids, proposals, or replies,the standard
of review by an administrative law judge shall be whether the agency's intended action is
illegal, arbitrary, dishonest,or fraudulent
(g) For purposes of this subsection, the definitions in s. 287.012 apply.
2.49 PREFERENCE TO FLORIDA BUSINESSES
Effective July 1, 2012, when a school district is required to make purchases of personal property
through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is
by a vendor whose principal place of business is in a state or political subdivision which grants a
preference by that state or political subdivision, then the school district shall award an equal
preference to the lowest responsible and responsive vendor having a principal place of business
within Florida. In a competitive solicitation in which the lowest bid is submitted by a vendor whose
principal place of business is located outside the state, and that state does not grant a preference
in competitive solicitation to vendors having a principal place of business in that state, the
preference to the lowest responsible and responsive vendor having a principal place of business
in the State of Florida shall be 5 percent F.S.287.084(1)(a).
A vendor whose principal place Is outside this state must accompany any written bid, proposal or
reply documents with a written opinion of an attorney at law licensed to practice law in that foreign
state, as to the preferences, if any or none, granted by the law of that state to its own business
entities whose principal places of business are in that foreign state in the letting of any or all public
contracts. F.S.287.084(2).
Page 27 of 47
ITB# 17-B-010-LU Automotive&Truck Batteries
Please complete the form titled °Bidder's Statement of Principal Place of Business°and include it
with your submittal.
2.50 DEFINITIONS
As used in this Bid,the following terms shall have the meanings set forth below:
Bidder: That person or entity, including employees, servants, partners, principals, agents and
assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining
business with the School District to provide the product and/or services set forth herein.
Contract Administrator:The School District's Director of Purchasing and Warehouse Services or
designee shall serve as Contract Administrator. The Contract Administrator shall be responsible
for addressing any concerns within the scope of the contract. Any changes to the resulting contract
shall be done in writing and authorized by the School Board Chair or authorized designee.
Contract:The document resulting from this solicitation between the School District and the Bidder,
including this bid,along with any written addenda and other written documents,which are expressly
incorporated by reference.
Contractor's Project Manager: The Project Manager has responsibility for administering this
contract for the successful Bidder(s)and will be designated prior to the issue of the resulting Price
Agreement or Purchase Order.
Day:The word°day°means each calendar day or accumulation of calendar days.
Director: The Director is the Director of Purchasing and Warehouse Services for the School
District
Exceptions to Bid: An exception is defined as the Bidder's inability or unwillingness to meet a
term,condition,specification,or requirement in the manner specified in the bid.
Offeror: The term °offeror° used herein refers to any dealer, manufacturer, representative,
distributor, or business organization submitting an offer to the School Board in response to this
invitation.
Person or Persons: An individual, firm, partnership, corporation, association, executor,
administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as
the context may require.
Respondent: The term °respondent° used herein refers to any dealer, manufacturer,
representative, distributor, or business organization that will be or has been awarded a contract
and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer.
School Board:The word School Board refers to the elected officials of the School Board of Brevard
County,Florida, its duly authorized representatives,and any school,department,or unit within the
School District
School Board's Project Manager(s): The Project Manager(s) have responsibility for the day-to-
day administration of the resulting contract for the School District and will be designated prior to
award of the resulting Purchase Order.
School District: The word School District refers to the entity,The School Board of Brevard County,
Florida.
Page 28 of 47
ITB# 17-B-010-LU Automotive&Truck Batteries
Using Agency:The term"using agency"used herein refers to any school,department, committee,
authority, or another unit in the School District using supplies or procuring contractual services as
provided for in the Purchasing Department of the School District.
SUBMITTAL REQUIREMENTS
(Submit in the following order)
E. Completed Invitation to Bid cover page including Florida Department of State Division
of Corporations Number
F. Completed Bid Submittal Form(use attached form).
G. Any addenda issued subsequent to the release of this solicitation must be signed and
returned with the firm's bid. Failure to return signed addenda may be cause for the
bid to be considered non-responsive.
H. Drug free workplace Certification.
I. Debarment Certification.
J. Emergency/Storm related catastrophe-Contractor agreement form
K. Conflict of Interest-All bidders shall properly complete,have notarized and attach with
their Bid Submittal the attached notarized disclosure statement of any potential conflict
of interest that the bidder may have due to ownership, other clients, contracts or
interests associated with this project.
L. List at least three (3) recent references where the proposed product has been used
within the past year. Use of the attached form will aid in evaluation.
M. Certified Business Program Reciprocity Affidavit—If Applicable.
N. Non-Disclosure Agreement for Confidential materials — any materials that qualify as
"trade secrets"shall be segregated,dearly labeled and accompanied by an executed
Non-Disclosure Agreement for Confidential Materials shall be submitted in this section.
0. All bidders shall be prepared to supply their most recent financial statement,preferably
a certified audit, or their most recent tax return and balance sheet. If submitting
financial information that you would like to be classified as"confidential",complete and
submit the Non-Disclosure Agreement For Confidential Materials paperwork; herein
attached.
P. Bidder's Statement of Principal Place of Business
Q. All vendors, including predecessors or related vendor or entity, shall identify any
litigation in which they have been involved in, including arbitration and administrative
proceedings, during the past five (5) years involving claims for excess of ten (10)
percent of the contact value. Include a brief legal description of the dispute and its
current status. Where the action or lawsuit involved a similar project as herein
discussed,bidder shall describe the particular circumstances giving rise to the dispute.
R. Local Business Tax Receipts
S. Current Request for Taxpayer Identification Number and Certification (Form W-9).
Page 29 of 47
ITB# 17-B-010-LU Automotive&Truck Batteries
T. Attach evidence of required insurance coverage or proof of insurability in the amounts
indicated. If available, a properly completed ACORD Form is preferable. Upon
award, final forms must contain the correct solicitation and/or project number and
School Board contact person.
U. The bidder must submit with his bid proposal the name, address, and phone number
of the person(s)to be contacted for the placement of an order and the coordination of
service. A contact for both regular work-hours and after-hours, weekends, and
holidays must be identified.
V. If a vendor must subcontract any portion of a contract for any reason, he must state
the name and address of the subcontractor and the name of the person to be
contacted. The School Board of Brevard County also reserves the right to reject a bid
or any bidder if the bid names a subcontractor who has previously failed to deliver on
time contracts of similar nature, or who is not in a position to perform properly this
award. The School Board of Brevard County reserves the right to inspect all facilities
of any subcontractors in order to make a determination as to the foregoing.
W. Bidder MUST SUBMIT WITHIN 48 HOURS OF REQUEST complete specifications
and/or descriptive literature AND SAMPLE for make and model he is bidding. Bidder
must indicate on bid price sheet make and model and manufacturer he is bidding.
Failure to comply with this requirement may be cause for rejection of the bid.
X. Catalogs/Price Sheets
Y. Manufacturer's Standard Warranty
Page 30 of 47
. .
ITB#17-9-010-LU Automotive&Truck Batteries
BID SUBMITTAL FORM July 27,2016
•
TO: The School Board of Brevard County, Florida
Offer of Purchasing&Warehouse Services,Pod 8, Room 802
2700 jUdge Fran Jan ititiori Way
Viera,FL 32940-6601
The undersigned hereby declare that(firm name] q°1-14-I .0-4---FE Liss4-tbul'412-1. 7
1.4 c_
has carefully examined the specifications to furnish:
Automotive&Truck Batteries
for which Bid Submittals were advertised to be received no later than 2:00 p.m., local time, on
•
Wednesday, July 27, 2016, and further declare that will furnish the Automotive & Truck Batteries
• according to'specifications.
Please See Attachment A—Price Sheet
Additional BitSubmIttal Requirements:
A. Local Business Tax Receipts
, • DI
The juriSifiction in which'the permanent business location resides 3,PEY/ d g (ly
(County/City).
The above listed jurisdiction(must check one):
rof Does issue local business tax receipts(formerly known as occupational licenses)and a copy of the
local business tax receipt is.included with bid submittal.
1 •
0 Does not issue local business tax receipts.
13 This,does not.apply,as bidder is exempt. Bidder must state reason of exemption and indude
documentation from jurist:notion stating exemption with bid submittal.
B. BankniptcyfLittatIon- •
Is yOUrcompany in the process of any bankruptcy proceedings as herein described?
YESD NOg
Is your company involved in any litigation as herein described?
•
YESO NO ra
Prompt Payment Terms: „e % 0 Days;Net 45 Days
Do you accept electronic funds transfer(ETF)? YES[S) NOD
if yes,does your firm offer a discount? %
Do you accept Purchase/Payment by Visa card? YES 51 NO 0
Haveyou supplied all the Submittal Requirements outlined below?
Completed Invitation to Bid cover page•
FloridaDepartmerd of State Division of Corporations Number
et ComPleted and executed Bid Submittal form
al Any addenda pertaining to this 119—
i Drug Free Collin:snow.'
Page 31 of 47
•
116 17-B-010-:.0 Automotive&Truck Batteries
• ❑ Debarment Certification
a( Emergency/Storm related catastrophe-Contractor agreement form
cr.-Conflict of Interest form
Er References,References, in accordance with Section 212,Definition of Responsive and Responsible
e( Certified:Business Program Reciprocity Affidavit-If Applicable
o Non-disclosure for,Confidential Materials
❑ Financial Information(ti.a(plicable), .
ei Bidder's Statement of Principal Place of Business ..�'
© Lfigations/Banknsptcy
lir Current.W 9•••j•-'
a' Local Business.Tax Receipts,-
• tr"Insurance -
tr'Contact Information
p-Manufacturer's Standard Warranty
p_!-Manufacturer's
or Price.Sheets(if applicable)r
The School Board of Brevard County, FL reserves the right to reject any or all proposals, to waive
• informalities, and to accept all or any part of any proposal as they may deem to be in the best interest of
the School Board.
I hereby,certify that I have read and understand the requirements of this Invitation to Bid(ITB) No. 17-8-
010-lU,"Autornotfve&Truck Batteries"and that I, as the bidder, will comply with all requirements,and
that I am duly.authorized to execute this proposal/offer document and any contract(s) and/or other
transactions required by award of this ITB.
•
Company tSL, g l \ �1 T�1R y )��►2 i 00--o 2 S N C .
Per A -6 ) i (Print name)
Signature v
Address IgS N AvE /11 E
City f-/r►9 y State f/. ZIP .30290 7
List local(Brevard County)office address if applicable and provide supporting documentation
(Business Tari Receipt)! _ /7 ,3.2,07
• Telephone 3 -)` 7 a -7 3 2 Fax - 957 - 710 59
E-Mail Address: e `� kn n A.I b4' -t Al
Dunn& Bradstreet# . 08 555-55 D7 2 Fed.I.D.# E-'.-0410.75710
•
Division of Corporations Registration Number Poc,loo b o 2'13 o b
END OF FORM
Page 32 of 47
School Board of Brevard County •
Office of Purchasing & Warehouse Services _at.' L.@ ; :?-i
2700 Judge Fran Jamieson WayriNCINA
•
• Viera, F132940-6601 =• °
Desmond K. Blackburn Ph.D., Superintendent
- OF FLo RIGA'S '-•
July
July 20, 2016
ITB#17-B-010-LU
Automotive & Truck Batteries
Addendum#1
The original Request for Qualification documents shall remain in full force and effect, except as modified herein,
which shall take precedence over any contrary provisions in the prior documents. The original Request for
Qualification Submittal deadline shall remain the same date and time of July 27,2016 at 2:00 PM.
This addendum is being issued to address questions received.
The following are questions and answers regarding the above mentioned solicitation:
Question 1: Please.explain how core charges will affect the bid total. Will core charges be subtracted from unit cost to
determine a net cost?
Answer: Battery cores are processed separately as a credit to the account. New batteries are purchased for
stock and may not have a core for them at the time of delivery.
If you should have any questions regarding this addendum, please do not hesitate to contact Amy Lucey, Buyer,
the purchasing agent responsible for this•.solicitation at: lucey.amy@brevardschools.org or by phone at 321-633-
1000 ext:646.
Sincerely,
CCAV
Ed Parker, CPPO, CPPB
Director of Purchasing and Warehouse Services
EP/aft
Acknowledgment of Addendum#1 by Vendor:
This addendum shall be completed by the Vendor and returned with the submittal. If submittal has already been
submitted,this addendum mustbesubmitted to the above address in a sealed envelope, which is marked on the
outside:Addendum#1 ITB#17-B-010-LU.
This is to acknowledge receipt of this addendum, which will become part of the ITB document.
NA 00 PED OR'PRIN . 9 j TI
•
114V 4-/
SIGNATUR VENDOt NAME
7 D5) 110 _ `10')-- Yip- 10070
DATE PHONE NUMBER
,
School Board of Brevard County
Office of Purchasing & Warehouse Services ` ::
2700 Judge Fran Jamieson Way �+
Viera, FI 32940-6601
Desmond K. Blackburn Ph.D., Superintendent � * ,�=u .4 ,.a
mF ewo5u,b.As
se.S.=s ree FT
July 25,2016 •
ITB#17-8-010-LU
I Automotive&Truck Batteries
Addendum#2
The original Invitation to Bid documents shall remain in full force and effect, except as modified herein, which shall
take precedence over any contrary provisions in the prior documents. The original Invitation to Bid Submittal
deadline has been changed to August 3,2016 at 2:00 PM.
•
This addendum is being issued to extend the due date.
•
If you should have any questions regarding this addendum, please do not hesitate to contact Amy Lucey, Buyer,
the purchasing agent responsiblefor this solicitation at: lucey.amy@brevardschools.org or by phone at 321-633-
1000 ext. 646.
Sinc rely,
E arker;CPO, CPPB
ivii Director of-Purchasing and Warehouse Services
• EP/afi
. Acknowledgment of Addendum#2 by Vendor:
This addendum shall be completed by the Vendor and returned with the submittal. If submittal has already been
submitted,:this addendum=must.be submitted to the above address In a sealed envelope, which is marked on the
outside:Addendum#2.118#1.7-6-010-LU.
Thio acknowledge receipt of this addendum, which will become part of the ITB document.
(iStAMEjPED OR.PRINTED)
:') , —146,-/- r‘?,AsiNt-n \ ;+-
SIGNATUR.9_4 / VENDOR AME
7 as/1b. t(0") -g(Ft '607 c).
DATE PHONE NUMBER
• School Board of Brevard County A q'
Office of Purchasing & Warehouse Services t
2700 Judge Fran Jamieson Way -to . . :f
Viera, Fl 32940-6601
Desmond K. Blackburn Ph.D., Superintendent
TH,E FtJ7'4.1RC. - rt 'R'
OF FLO. I_R9A5 ti-+
i SG�+CE CSMA..-sT 'r.
July 29,2016
ITB#17-B-010-LU
Automotive&Truck Batteries
Addendum#3
The original Invitation to Bid documents shall remain in full force and effect, except as modified herein, which shall
take precedence over any contrary provisions in the prior documents. The original Invitation to Bid Submittal
deadline has been changed to August 9,2016 at 2:00 PM.
This addendum is being issued to extend the due date, address questions received and revise attachments.
The following is a question and answer regarding the above mentioned solicitation:
Question 1: The other cities and counties that we service are only core charged if there isn't a core present. Would
you be willing to work this way to reduce billing?
Answer: Please see revised Attachment A— Price Sheet. Pricing will be for batteries without the core and a
separate price for the core charge.
The following are the attachments released in regards to the above mentioned solicitation:
Attachment A—Price Sheet Revised.
• If you should have any questions regarding this addendum, please do not hesitate to contact Amy Lucey, Buyer,
the purchasing agent responsible for this solicitation at: lucey.amy@brevardschools.org or by phone at 321-633-
1000 ext.646.
•
Si erely,
Ed Parker,CPPO, CPPB
Director'of Purchasing and Warehouse Services
EP/afl
Acknowledgment of Addendum#3,bv Vendor:
This.addendum shall be completed by the Vendorand returned with the submittal. If submittal has already been
submitted,this addendummust be submitted to the above address in a sealed envelope, which is marked on the
outside:Addendum#3 ITB#17-B-010-LU.
This is to acknowledge receipt of this addendum, which will become part of the ITB document.
\ �& i
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n BATTERY G
email: sales52®RoyalBatte .com
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PTX65 850 1000 160 ''' ® $99.93 $1 4.72 $129.47
$15.00 $87.71 $145.95 $169.95 ® $79.79 $104.72 $129.47
© PTX78 770 950 120 :,y""N:,. $13.00 $83.53 $135.95 $155.95
Y ® $75.82 $95.93 $116.03
78DT DT PTX78DT 800 1000 120 irk.,�
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79 S .. $13.00 $87.74 $135.95 $155.95 ® $75.92 $95.93 $116.03
PTX79 880 1000 140 �i"';.1,-2s, $15.00 $128.94 $149.95 $189.95 12 $84.90 $109.06 $128.39
L Pricing a Specifications Subject to change without notice. Copyright pending J
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