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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) i - �- OTifle ► Date W N p; : • , *. rV .. N A W ... rN • Oi 'i `S¢ il I 01 up . i1 Q VieI"MIII I I ' 1 1 1 1 1 1 1 ' ! pr i! = l o i a•a a 1 _ g § Igl F1 . . �. Ni •, .. r1J .i1J "rri . [ Jr 1 is as g a e a s o a a e IFLW 1 art I I y9I gII grI I gII ygI� gaI i rfi 6 1 I S S H I B $ 8 I Req,BONN fou,Ina 111 IIIIIIIII1 1 "" ° .A> 32„.oe, 11 111111111111 11 - „ II ieleieleoefl'11uu1HH I V p � u%ii i iiii i 1111111111 If — 1 ' 11 I 1 1111 rt ! 8- g PO Boa MS.WOW.FL 311802 by Rank Ow Mem Mg I ' 6004414NO 803.81601177 II N N N iiiii 11 ekcilbeiftliagbtlIFFL00• 1 111 1 11 1 1 1 1 f t HH I1E .Q1F11I$ 1E I � � � � � � � � � BeeeeOAimoSuppl��trm. MI BYY,R08hae1. eelL FL 110® � � C � � � C, IS •,y ;y � �muderCamep ▪ $A00 ig IIPIII1Jw1 11 ~A• wn.... " NI 1 f r r N M 'N N O I Mi I B 8 8 I I i B . 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. V City of Ci- ont I ► ► Dal4119 T y‘r ana:er Attest. /// Tracy AcIcr9yd, City Clerk tiLr -q:i.k ,.e .w;''y� -4 t Royal Batte Di c. By: '` (N./Printed or Typed) 17:),,fru S. 6,47 igi-20, 4. ifs 111,171/ .6_/2_ Title Atte.t: g A OP *Lail ; - Corpo ate Sec /tary jan (Y) KATHRYN M i00a lF ed EXPIRES Decanter 2i.2019 Prinor Typed) 1140/ 39sG 3 ilallledyQf les•Oa' .� 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. Page.8 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 9 of 47 ITB#17-B-010-LU Automotive&Truck Batteries 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. Page 10 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 11 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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) Page 12 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 13 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 14 of 47 • 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. Page 15 of 47 ITB#17-B-010-LU Automotive&Truck Batteries 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. Page 16 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 17 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 18 of 47 ITB#17-B-010-LU Automotive&Truck Batteries 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; Page 19 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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 Page 20 of 47 • ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 21 of 47 ITB#17-B-010-LU Automotive&Truck Batteries 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. Page 22 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 23 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries 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. Page 24 of 47 ITB#17-B-010-LU Automotive&Truck Batteries 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. Page 25 of 47 ITB#17-B-010-LU Automotive&Truck Batteries 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. Page 26 of 47 ITB# 17-B-010-LU Automotive&Truck Batteries (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 N D OR PRINTED _ TITLE c 0 645114 ' SIGNATURE VENDOR�idAME !"I 4'`Gl�o q15 ) 1(e) 4'6 1- DATE PHONE NUMBER - EXHIBIT D D .4 .I: W N p CO CO --J O) U) A W N cD 0) p w 7 3 B » 7'. t fI cn 41 m _ N i CD rt a 11) D D D D D D D D co C. c0 CD cp C c c c c C c v c �- ao 0 c c 3 0 3 3 3 3 3 3 ami CD 0 0 0 0 0 0 0 m . c C 2 S < <' < < < «' CD v v CD CD I- r- r r CD r r r CD r i o. 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Y 195 Ring Ave NE ; ,� t`' 4 1 Palm Bay, FL 32907 } ® Phn:321.727.7232 Fax:321.727.0318 n BATTERY G email: sales52®RoyalBatte .com { Effective:July 22nd, 2016 } y : If jam'am � - a' s4 . j$ 1`---. -,4;,,,, , i ,`, wy � � n .. > Th � " -ir , "•17!" q( "Z4 {, 'Tf" :,, � E r$f. - } - r„ �� �V ., fir+ s, k �s 'z. .- . +t . ; ji 1';' . .iABA4,M? y Brute Force® .Supreme Series 12 Volt ,- ;. ; •,7 - X'fi ll 24 A P524 525 630 90 •--`'i _'""' $13.00 $66.64 $99.95 5127.95 12 $59.87 $79.45 $91.88 24F A PS24F 525 630 90 .'•' tom^'.}*s $13.00 $66.64 $99.95 $127.95 12 $59.87 $79.45 $91.88 25 A PS25 525 630 85 ^°s, ?:q -`' $13.00 $66.96 $97.95 $124.95 12 $58.19 $77.53 $88.72 26 A PS26 525 630 80 1,..-, ,,, $13.00 $63.00 $97.95 $124.95 12 $58.19 $77.53 $88.72 26R A PS26R 540 635 80 ,.'4i'-'?'' $13.00 $63.00 $95.95 $122.95 12 $56.91 $74.62 585.89 27 P527 750 850 120 Q:Oil "' $15.00 $79.49 $119.95 $139.95 12 $65.79 27F P527F 750 850 120 e,•-. 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J' FY I^ !Worn.? , I v- lz 24 PTX24 700 850 120 ,; $13.00 $78.26 $129.95 $149.95 12 $69.97 $91.92 $109.87 24F PTX24F 700 850 120 $13.00 $78.26 $129.95 $149.95 12 48/H6/L3 � PTX48/H6 760 910 120 L " v :. $69.97 $91.92 $109.87 a__.: :`? $15.00 $108.23 $159.95 ,• a r $184.95 12 $88.03 $118.93 EZEMIn PTX49/H8 900 1080 185 -;g;: $15.00 $126.27 $185.95 $209.95 111E11113 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.,� . `'`' 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 www.RoyalBatterv.com