ITB 05-26 - Cutting, Positioning, _ Welding Equipment.pdf

Santa Fe College ITB #05-26: Cutting, Positioning, & Welding Equipment

Purchasing Department

Invitation to Bid #05-26 Cutting, Positioning, & Welding Equipment

Santa Fe College invites you to submit a bid for Cutting, Positioning, & Welding Equipment according to the terms and conditions described herein. Thank you for your interest in Santa Fe College.

Program Name: Perkins V Career and Technical (CTE) Equipment Upgrade and Modernization Grant Funding Source: The Strengthening Career and Technical Education for the 21st Century Act

(Perkins V) Authority: 84.048 Perkins V, Title I; WIA, Sect. 503 USDE or Appropriate Agency

Project: Welding: 012-1616R-6C002

ITB #05-26: Cutting, Positioning, & Welding Equipment

INFORMATION

Posting Date: October 8, 2025

Santa Fe College Purchasing Department Contact

Michelle Clark, Purchasing Agent michelle.clark@sfcollege.edu

Inquiry Deadline (see Section 1.5)

Inquiries must be made through BidNet. Use the “Ask a Question” button within the BidNet platform (after registering).

NOTE: Unless specified otherwise in a College-issued addendum to this solicitation, requested changes to any conditions or specifications must be sent by the date in this section or they will not be considered.

October 22, 2025

Date Addendum to be Posted [If Necessary]

(see Section 1.6)

See https://www.bidnetdirect.com/florida/santafecollege

October 24, 2025

Submission Due Date

(Closing Date and Time)

(see Section 1.8)

November 6, 2025, 3:00 p.m. EST

Date of Award Posting

November 10, 2025

Any changes to the above schedule will be posted in an addendum to this solicitation at https://www.bidnetdirect.com/florida/santafecollege mailto:ailto:ailto:ailto:ailto:michelle.clark@sfcollege.edu

Submission Platform

BidNet is the College’s platform to post and receive electronic bids (ITBs) and requests for proposals (RFPs). Registering at BidNet and responding to this solicitation is free for vendors.

For questions on how to use BidNet or any BidNet technical support, contact BidNet’s support team at 800-835-4603, Option 2.

Questions about this solicitation must be asked through the BidNet Platform, but to provide the College with feedback on your experience with the BidNet platform, e-mail the

College’s Purchasing Contact (indicated at the top of the above chart).

Post Solicitation Submission Date Communications

Should the College change any calendar dates after bids or proposals are due (such as the award posting date), the changes will be posted in the solicitation’s “Communication” tab on

BidNet as well as on the College’s website on the SF Purchasing Bids Page.

If you are a person with a disability needing assistance or accommodation in order to participate in this solicitation process, please contact the Disabilities Resource Center at least

7 business days prior to the Closing Date by calling 352-395-4400 or if you are hearing or voice impaired, please call 711.

https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html

Solicitation Acknowledgement (REQUIRED) This page must be signed and included with your solicitation submission to Santa Fe College. Failure to do so will result in immediate rejection of your submission.

Solicitation ITB 05-26: Cutting, Positioning, & Welding Equipment The undersigned hereby certifies that the bid or response included herein is made without prior understanding, agreement, or connection with any person or business entity submitting a response for the same goods or services and is in all respects fair and without collusion or fraud.

The undersigned understands and agrees that by submitting a response that the entirety of the response is subject to Florida’s Public Records Laws, Florida Statutes Chapter 119, and the submission, including any pricing included therein, will be considered a public record, unless exempt and/or confidential under the law. Sealed bids, proposals, and replies received by the College as part of competitive solicitation are subject to public disclosure consistent with Florida law (generally following the notice of intended award or 30 days after opening of the bid/proposal, whichever is earlier).

Confidential information shall include only information that is made exempt and/or confidential from disclosure by federal or Florida law. It is the responsibility of the bidder/proposal to invoke an exemption to disclosure. Should the bidder/proposer believe any information submitted to the College is protected from disclosure under Florida’s public records law, including any materials that may be proprietary or a trade secret, the bidder/proposer must clearly mark and identify to the College the information and provide evidence of the statutory exemption under Florida law that is satisfactory to the College or obtain a protective order. Any item marked “Confidential” that is not accompanied by sufficient evidence of statutory exemption, or a protective order, shall be considered a public record and by signing below the bidder/proposer hereby agrees to this provision. The bidder/proposal’s response and all work product prepared as part of this solicitation that is provided to the College will become the property of the College and the College has the right to use it for any reason.

The undersigned understands and agrees that any vendor-suggested changes and inquiries regarding this solicitation were due by the date shown on the solicitation information page (page 2), and that any vendor-required changes to the terms and conditions not already approved in an addendum issued by the College prior to the submission due date (page 2) will likely be rejected and may (in the College’s complete discretion) result in the rejection of the entire submission.

The undersigned agrees to the above and agrees to abide by all terms and conditions of this solicitation and certifies that he or she is authorized to sign this submission on behalf of the business entity indicated below.

Bidder/Proposer Business Name

Business Address

Printed Name & Title of Authorized Signatory

Signature of Authorized Signatory (Please Sign & Date)

1.0: General Terms and Conditions To ensure acceptance of your response to this solicitation, be sure to follow the instructions herein. By signing the

Solicitation Acknowledgement, the bidder/proposer agrees to these General Terms and Conditions below. If any of these Terms and Conditions conflict with a later issued Purchase Order (PO) or resulting Agreement with the

College for these goods or services, the conditions within the Agreement shall have precedence. Any attempts by the bidder/proposer to alter these General Terms and Conditions shall be void and unenforceable, unless agreed to specifically in a written Agreement signed by the College and the bidder/proposer selected for award. Any proposed changes must be submitted to the College by the Inquiry Deadline specified on Page 2.

1.1 DEFINITIONS

• Agreement shall refer to these General Terms and Conditions and the specifications herein required of the awarded vendor, as well as any contract, including applicable addendum, appendixes, exhibits, and any issued PO, resulting from this solicitation process.

• Bidder/Proposer refers to the individual or the business entity submitting a bid, proposal, or reply in response to this solicitation.

• “BidNet” and “BidNetDirect” both refer to the electronic solicitation website through which the College posts and receives responses to solicitations.

• Board refers to The District Board of Trustees of Santa Fe College, Florida who is a body corporate of the

State of Florida with authority to enter agreements on behalf of Santa Fe College.

• College and/or SF refers to Santa Fe College.

• Contractor refers to the bidder/proposer whose response is selected for award, which may also be referred to herein as a vendor.

• Response or Submission refers to an individual or business entity’s bid, proposal, qualifications, quote or offer submitted to the College in response to this solicitation.

1.2 SUBMITTAL DEADLINE

All responses must be submitted by the submission due date (closing date/time) required on the above

“Information” page (page 2) and as listed on the College’s BidNet Direct webpage

(https://www.bidnetdirect.com/florida/santafecollege). Offers sent by fax, e-mail, telephone, or hand delivery will not be accepted. If the event of any conflict between the submission due date stated above or what is listed online, the closing date/time listed on the College’s BidNet Direct webpage will prevail as the deadline. It is the responsibility of the bidder/proposer to know the due date. The College WILL NOT accept late responses.

A bidder/proposal may modify or withdraw their response prior to the submission due date. Any response not withdrawn are considered an irrevocable offer made to the College valid for 120 days from the submission due date. This allows the College time to complete the solicitation process.

1.3 EXECUTION OF RESPONSE

The response must contain a manual or digital signature of an authorized representative of the bidder/proposer on the “Solicitation Acknowledgement” form (Page 3). Responses not submitted with the “Solicitation

Acknowledgement” form, or if such form is submitted unsigned, shall be rejected. In addition to the Solicitation

Acknowledgement form, the bidder/proposer must sign and submit to the College the documentation in the

Appendixes included with this solicitation.

1.4 COSTS

The College is not liable for any costs incurred by a bidder/proposer in preparing and responding to this solicitation, including those for oral presentations, if applicable.

1.5 INQUIRIES & INTERPRETATIONS

Any questions concerning terms, conditions, and/or specifications shall only be directed via the College’s BidNet

Direct website no later than the Inquiry Deadline (see page 2). Failure to comply with this condition will result in bidder/proposer waiving the right to dispute the solicitation terms, conditions and/or specifications. Please reference the solicitation number in all inquiries. To ensure a fair process, any communication, whether made orally, in writing or sent electronically, by a bidder/vendor or someone on behalf of bidder/vendor to any College trustee, employee, instructor, department or division (other than to the Purchasing Department Contact and the

Director of Purchasing & Ancillary Services) about this competitive solicitation or a proposed response or acutal submission prior to award may be grounds for disqualification of such bidder/vendor and its submission.

The Purchasing Department may send inquiries to bidders/proposers for clarification of information, if necessary.

Any clarifications received in writing shall be considered as part of the bidder/proposers’ response. Failure to answer any clarifying questions sent may result in disqualification of bidder/proposer and its submission from recommendation or award.

Inquiries made after the Inquiry Deadline must be made by e-mail to the Purchasing Department Contact listed on page 2. No inquiry regarding specification interpretation may be made after the Inquiry Deadline. If you are not sure of the answer to a particular specification past the Inquiry Deadline, you may provide a response in your solicitation for both options. For example, if you’re not sure if “Specification A” means to go right or go left, indicate both options in your response. So in this case, if the answer is “left” then this is my response, but if the answer was “right” then this other response applies.

Post-award inquiries may be made via e-mail to the Purchasing Department Contact listed on page 2.

1.6 ADDENDA

Any addenda to this solicitation will be posted Santa Fe College BidNet Direct webpage

(https://www.bidnetdirect.com/florida/santafecollege) by 5:00 p.m. EST on the date indicated on the Solicitation

Information page (Page 2) or in the addenda itself, if the College determines further addenda are necessary. It is the bidder’s/proposer’s responsibility to assure that any addenda are received. All addenda issued will become part of this solicitation document. Calendar changes (bid due date, award date, etc.) may be posted at any time if necessary (including after the first addendum is posted). It may be required that an addendum be signed and returned with the bidder’s/proposer’s response. Bidders/Proposers who do not sign addenda (if required) may have their entire response rejected.

1.7 PRE-SOLICITATION MEETING(S)

Pre-bid or pre-proposal conferences or inspections may be held to assist responders with understanding the specifications and/or viewing the relevant location(s). If such a meeting is designated as Mandatory, then only those who attend will be considered for final recommendation or award. Bidders/proposers are strongly urged to attend any non-mandatory pre-bid or pre-proposal conference as individual appointments to review specifications or locations will not be accepted.

1.8 SOLICITATION OPENING/DUE DATE AND TIME

Solicitation openings take place electronically through the College’s BidNet Direct Webpage.

For an Invitation to Bid (ITB), where price is the determining factor, bidders’ submissions and prices will be shown upon opening. It is the intent of the College to reveal all such bids publicly upon the due date/time or soon shortly thereafter. However, the lowest bid shown may not necessarily determine the award if qualifications and references need to be checked, if documentation needs to be reviewed/approved, if there is a protest, or any other bid requirements need to be verified/approved by the College. The official award will be posted on the date indicated in the bid through the BidNet platform.

For an Request for Proposal (RFP), Request for Qualifications (RFQ), and Invitation to Negotiate (ITN), no results of the submissions will be shared until completion of the evaluation process, which may include, as applicable, review by the Purchasing Department or an evaluation committee as to qualifications and references, review of submitted documentation, shortlisting, presentations, scoring, final ranking and recommendations and/or award by the Board or Board’s designee. However, the list of vendors who submitted proposals will be posted shortly after opening.

Late responses will not be accepted.

1.9 SCORING MEETING

If this solicitation is a RFP, RFQ, or ITN, then a public scoring meeting may be held to determine the award recommendation or recommendation for negotiations. An evaluator or an evaluation committee for the College may review qualifications and determine if the proposal is responsive and in compliance; and, if responsive, will evaluate for what is most advantageous and in the best interest of the College. The date, time, and location of the meeting will be specified on the above Information page (if known) or in an addendum. Should the date, time, or location of the scoring meeting change, it will be noted in an addendum (see 1.6). Proposers are not required to attend a scoring meeting.

1.10 PRESENTATIONS

A solicitation may require proposers to further elaborate on what they are offering in a presentation to the College or simply to answer evaluation committee questions. If oral presentations are required, the expected presentation days and times will be listed on the Solicitation Information page (if known) or in an addendum. Any documents handed out by the proposer may be considered part of the proposer’s response or reply at the discretion of the

College. If any document or any other aspect of the presentation conflicts with the proposer’s original response, the College may opt to use either the prior response or the presentation response as the College deems most favorable. Presentations may be held virtually, in whole in part, at the discretion of the College. Presentations are not open to the public, but they will be recorded and may later be subject to public disclosure in accordance with Florida Statutes §286.0113.

1.11 NEGOTIATIONS

For an RFP and RFQ, the College reserves the right to further negotiate terms either in minor conflict or not otherwise covered in the solicitation or response post-award (see Section 1.12) to create an Agreement with a top-ranked, awarded, or recommended awarded proposer(s). Any negotiations as part of an ITN shall be handled in accordance with the conditions of that ITN, which may vary. Negotiations are not open to the public. [Note that any non-negotiable terms (as determined by the College) in material conflict between this solicitation and proposer’s response may be grounds for finding the proposer non-responsive, and their proposal rejected.] If only one qualified and responsive response is received, the College may purchase the goods or services under the best terms the College can negotiate, or the College may reject and/or re-open the solicitation.

1.12 AWARD

In the best interest of the College, the right is reserved to the Board, or those authorized by the Board, to make award(s) by individual item, group of items, all or none, or a combination thereof. The College reserves the right to waive technicalities, to cancel the solicitation process at any time, to solicit new offers, and to reject, in whole or in part, any or all responses if are late, incomplete, not responsive, contain irregularities, do not comply with the these Terms and Conditions or the specifications or the scope of work, or the bidder/proposer is not qualified.

Further, the College reserves the right to secure professionals’ and expert advice in selecting the best response to meet the requirements of the College. (Any such expert advice shall in no way be associated with a business entity submitting a response.) For a bid, the College’s solicitation document and the awarded bidder’s response, together with any issued PO and its incorporated terms, shall serve as the binding Agreement. In some cases, an award may be based on the top-ranked bidder/proposer and the College being able to agree on final contract terms. If for any reason the top-ranked bidder/proposer and College cannot agree on final contract terms, the

College may elect to re-open the solicitation, cancel the solicitation, or award to the second highest-ranked bidder/proposer, and so on. If deemed by the Board (or those authorized by the Board) to be in the College’s best interest, the College may enter into an Agreement with a Contractor. Some solicitations may have a multi-award.

In accordance with Florida Statutes §287.05701, the College may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if a vendor is a responsible vendor. The

College will not give preference to a vendor based on the vendor’s social, political, or ideological interests.

1.13 POSTING AND TABULATION

The posting of the final recommendation or award will be made on or about the date indicated on the above

Information page (Page 2). The official posting will be on the College’s BidNet Direct webpage

(https://www.bidnetdirect.com/florida/santafecollege). As a courtesy, for a period of at least seventy-two (72) hours, the College will also post the final recommendation or award on the SF College Purchasing Office bulletin board (outside room F-042 in the Santa Fe College Alan J. Robertson Administration Building, 3000 NW 83rd

Street, Gainesville, Florida, 32606), and on the SF Purchasing Bids Page. Solicitation files may be examined during the College’s normal working hours by appointment. In accordance with Florida Statutes §119.071(1), the contents of all solicitations become public records and are available to public inspection when an award or recommendation to award is posted or 30 days after responses are open – whichever is earlier. However, if the

College rejects all responses, and concurrently provides notice of its intent to reissue the solicitation, the responses shall remain exempt from disclosure until notice of an award or intended award concerning the reissued solicitation is made or 12 months has passed, whichever is sooner.

1.14 PROTEST

Failure to file a protest within the time prescribed in Florida Statutes §120.57(3), 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. If a potential protestor desires to protest a decision or intended decision of the College, the protest must be submitted in accordance with Florida Statutes §120.57(3) which in part, requires delivery a notice of protest within seventy-two (72) hours of the College’s posting per 1.13 above. A notice of protest and formal written protest must be in writing and timely delivered by mail or hand delivery to the

Purchasing Department Contact at 3000 NW 83rd Street, Rm F-042, Gainesville, Florida, 32606. A protest received after 4:30 PM EST (M-F) or on weekends or College observed holidays or breaks will be considered received by the College on the next business day that the College is open. Failure to file a notice of protest or a formal written protest shall constitute a waiver of proceedings. It is the responsibility of the protestor to know and follow the procedures in accordance with the law.

In accordance with Florida Statutes §287.042(2)(c) or §255.0516, as may be applicable, the protestor shall post, at the time of filing the formal written protest, a bond payable to the College conditioned upon the payment of all costs which may be adjudged against the protestor in the administrative hearing and in any subsequent appellate court proceeding. In lieu of a bond, the College may, if authorized by law, accept a cashier’s check or money order in the amount of the bond.

1.15 INSURANCE

Insurance Requirements will be provided in the specifications when necessary. If insurance is required, the

Contractor must provide to the College proof of this insurance prior to any delivery or work being performed and provide evidence that such insurance is in place at all times throughout the Agreement. Failure to have required insurance coverage at any time during the Agreement shall be grounds for default. The College may, at its option, immediately suspend the Agreement until the required insurance coverage has been restored or immediately terminate the Agreement for default. Any amount due from the College under the Agreement on an ongoing basis shall be reduced at a pro-rated rate for any suspended time due to inadequate insurance coverage. If insurance is required, the Contractor will provide a certificate evidencing coverage (COI) to the College upon request.

https://www.sfcollege.edu/finance/purchasing/suppliers/bids.html

1.16 PRICES, TERMS, AND PAYMENT

Bidder/proposer prices shall include all packing, handling, shipping charges and delivery to the destination specified in this solicitation document. If a destination is not specifically stated, the destination is assumed to be the College’s northwest campus located at 3000 NW 83rd Street, Gainesville, Florida. Bidder/proposer may reflect discounts for cash, net 10 or net 15 payment terms, or for prompt payment.

1.17 TAXES

Santa Fe College is tax-exempt and does not pay Federal Excise or State Sales Tax. Do not include these items on invoices. The applicable tax exemption number is shown on the PO. A copy of the College’s tax-exempt certificate is available upon request.

1.18 MISTAKES

Failure to examine the specifications, delivery schedule, prices, extensions, and all instructions pertaining to any goods and services solicited herein will be at bidder/proposer's risk. In case of mistake in extension, the unit price will govern.

1.19 DELIVERY

Delivery time may become a basis for making an award. Unless an actual date is specified, deliveries shall be made to the College within 30 days from the date of receiving a College issued PO. Furniture orders shall be delivered within 90 days from the date on the PO. Unless otherwise agreed or specified herein, deliveries to the

College shall be within 8:30 a.m. - 3:30 p.m., Monday through Friday EST. Failure to deliver on time shall be grounds for default.

1.20 CONFLICT OF INTEREST

The College and its employees are subject to the provisions of Chapter 112, Florida Statutes. All bidders/proposers must disclose with their solicitation the name of any officers, director, or agent who is also an employee of Santa Fe College. All bidders/proposers must disclose any College employee who owns, directly or indirectly, any interest in the bidder’s/proposer's business or any of its branches. The bidder/proposer shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the College for any act or service which he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the bidder/proposer. No officer, agent, or employee of the College shall have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the College. The Contractor shall have no interest and shall not acquire any interest that shall conflict in any manner with the performance of the products or services required under this solicitation.

1.21 NON-CONFORMANCE TO CONTRACT CONDITIONS

Items may be tested by the College for compliance with specifications on its own or under the direction of the

Florida Department of Agriculture and Consumer Services or by other appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Contractor shall deliver all goods and services to the College in a safe, efficient, and sanitary manner and warrants that will be free from defect and error and will conform to the specifications. If a good is found by the College to be defective or not confirm to this solicitation or the specifications, the College may terminate the Agreement, reject the good, or return the good, at Contractor’s expense, for Contractor to replace or provide a credit for the returned good or other act as agreed by the College and the Contractor. Non-conforming goods not delivered as per delivery date required by the solicitation and/or the PO may result in Contactor being found in default, in which event any and all re-procurement costs may be charged against the defaulting Contractor. Any such violation of the Agreement may also result in the Contractor being prohibited from participating in future business with the College in accordance with College rules.

1.22 SPECIFICATION DISPUTES

In case of any doubt or difference of opinions as to the goods or services to be furnished hereunder, the decision of the College’s Director of Purchasing & Auxiliary Services shall be final and binding on both parties.

Bidders/proposers are strongly encouraged to seek clarification prior to the Inquiry Deadline (see page 2) if there are any questions (in accordance with Section 1.5). Should an administrative hearing occur as to a dispute, the party requesting the hearing shall be held accountable for any and all costs relating thereto.

1.23 GOVERNMENTAL RESTRICTIONS

In the event any governmental restrictions are imposed which would necessitate alteration of material, quality, workmanship, or performance of the items offered in this solicitation prior to their delivery, it shall be the responsibility of the Contractor to notify the College at once, indicating in the notice the specific regulation which required an alteration. The College reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the award or terminate the Agreement at no expense to the

College.

1.24 LEGAL REQUIREMENTS

Bidder/Proposer and Contractor shall comply with all Federal, State, county, and local laws, ordinances, codes, rules, and regulations that in any manner are applicable and affect the goods and/or services covered in this

Agreement including those concerning, but not limited to, federal and state safety standards, OSHA, Materials

Safety Data Sheets, requirements on US-produced iron and steel, the Workers’ Compensation Acts, and unemployment compensation. Bidder/Proposer/Contractor attest and affirms it is not a Foreign Principal, is not owned by government of a Foreign Country of Concern as defined in Florida Statutes §287.138, §112.22, and

§288.860, is not organized under the laws of nor has its principal place of business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a controlling interest in the entity.

Bidder/Proposer/Contractor affirm it is not listed as a scrutinized company and is not listed as a scrutinized company as defined or described in Florida Statutes §287.135. Lack of knowledge by the Bidder/Proposer or Contactor will in no way be a cause for relief from responsibility.

1.25 COPYRIGHTS, PATENTS AND ROYALTIES

Contractor represents that any goods or services it provides to the College will not infringe upon or violate any patent, copyright, trademark, trade secret, or any other proprietary right of any third party. The Contractor, without exception and its own expense, shall indemnify, defend, and save and hold harmless the College and its trustees, employees, and agents from claim, suite, or liability, including cost, attorneys’ fees and expenses, brought against the College to the extent is based on or arises from alleged, whether rightful or otherwise, infringement by Contractor of third-party intellectual property rights in the performance of the Agreement or use of the goods or services provided by the Contractor, including any use granted to the College by Contractor in writing. If the Contractor uses any design, device, or materials covered by letters, patent, copyright, or other intellectual property rights, it is mutually understood and agreed without exception that the Contractor shall be responsible for all royalties or costs arising from the use of such design, device, or materials in any way involved with products or services provided by

Contractor. College and Contractor will, to the extent reasonable, appropriate, and permitted by law, collaborate and cooperate when defending any suit brought against College in accordance with this section. College may, at its own expense, hire its own attorneys for any suit brought against the College.

1.26 ADVERTISING

Each party agrees not to use the other party as a part of any commercial advertising without prior written approval from such party’s authorized representative; with respect to the College, from the College’s Director of Purchasing

& Auxiliary Services.

1.27 ASSIGNMENT

Any Agreement entered or PO issued pursuant to this solicitation and the monies which may become due hereunder may be assigned by Contractor with written notification to the College’s Director of Purchasing &

Auxiliary Services. However, any such assignment shall permit the College to terminate any ongoing Agreement for convenience with 30 days’ notice if desired by the College.

1.28 LIABILITY (INDEMNIFICATION)

The awarded business entity (Contractor) agrees, by accepting the award of this solicitation, to the following:

Contractor hereby waives, releases, covenants not to sue, forever discharges, and AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the District Board of Trustees of Santa Fe College, Florida and its trustees, employees, and agents, (collectively, “College”) from any and all claims, liabilities, actions and causes of action for injury or death of persons or damages of any kind including those to any property, costs and/or expenses of any nature including attorneys’ fees and costs (collectively, “Claims”), resulting from the Agreement or arising out of or in any way connected with the use of the goods supplied by Contractor or the performance of the services by Contractor or its employees, principals, subcontractors, or agents, except to the extent that such is due solely and directly to the negligence of the College. Nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents, political subdivisions, and agencies to be sued; or (3) a waiver of sovereign immunity beyond the waiver of the amounts provided in Florida Statutes §768.28. This section shall survive the termination of all performance or obligations under the Agreement and shall be fully binding until such time as any proceeding brought on account of the Agreement is barred by any applicable statute of limitations.

1.29 ANTI-DISCRIMINATION CLAUSE

The Contractor shall not discriminate against any person on grounds of race, ethnicity, national origin, color, religion, age, disability, sex, pregnancy status, gender identity, sexual orientation, marital status, genetic information, political opinions or affiliations, veteran status, or other legally protected classes under the laws of the State of Florida or the federal government.

1.30 AMERICANS WITH DISABILITIES ACT

The Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, any agreement resulting from this solicitation may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts.

1.31 STATE LICENSING REQUIREMENT

All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the College shall be on file and in good standing with the State of Florida’s Department of State and obtain a certification of authority if required.

1.32 PUBLIC ENTITY CRIME INFORMATION

As per Florida Statutes §287.133(2)(a), “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.” An entity or affiliate who has been placed on the discriminatory vendors list may not submit a response to provide goods or services to a public entity, may not be awarded a contract or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact business with any public entity. If Contractor is placed on such list, Contractor shall notify the College immediately, and upon notice the PO will be considered void and the Agreement terminated. This provision also applies to bidders/proposers/contractors barred from doing business with the federal government as indicated on the sam.gov website.

1.33 COERCION FOR LABOR OR SERVICES

1.34 UNAUTHORIZED EMPLOYMENT OF ALIEN WORKERS

The College does not intend to award publicly funded contracts to those entities or affiliates who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions as determined pursuant to Section 274A of the Immigration and Nationality Act.

1.35 RECORDS

All responses become the property of the College and will be a matter of public record subject to the provisions of

Chapter 119, Florida Statutes.

1.35.1 PUBLIC RECORDS LAW: Under Chapter 119, Florida Statutes, the public has access to ‘public records, unless such records are exempt and/or confidential under the law. In accordance with Florida Statutes §119.0701, Contractor, if and when acting on behalf of College as a contractor as defined therein, shall:

1) Keep and maintain public records required by College to perform the service;

2) Upon request from College’s custodian of public records, provide College 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 the cost provided in Florida law or as otherwise provided by law;

3) Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if Contractor does not transfer the records to College; and

4) Upon completion of the Contract, transfer, at no cost, to College all public records in possession of Contractor or keep and maintain public records required by College to perform the service. If Contractor transfers all public records to College upon completion of Contract, Vendor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to College, upon request from

College’s custodian of public records, in a format that is compatible with College’s information technology systems.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES TO CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT

THE PUBLIC RECORDS CUSTODIAN AT general.counsel@sfcollege.edu, ATTN: PUBLIC RECORDS, 3000 NW 83rd STREET, GAINESVILLE, FL 32606,

(352) 395-5170.

If Contractor, who is found to be a contractor under F.S. §119.0701, receives a request to inspect or copy public records, Contractor will promptly notify College’s Public Records Custodian. Contractor acknowledges that its failure to comply with this provision with respect to public records shall be a breach of Contract. If Contractor fails to provide the public records in response to a request within a reasonable time, it may be subject to penalties imposed under F.S. §119.10, and costs of enforcement, including fees, under F.S. §119.0701 and §119.12.

1.35.2 AUDIT RECORDS: The Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the College under any agreement resulting from this solicitation, and agrees to provide a financial and compliance audit to the College or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor.

The Contractor agrees to include all record-keeping requirements on all subcontracts and assignments related to any agreement resulting from this solicitation.

1.35.3 RETENTION OF RECORDS: The Contractor agrees to retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any

Agreement resulting from this solicitation for a period of five (5) years. The Contractor shall maintain complete and accurate record keeping and documentation as required by the College and the terms of any agreement resulting from this solicitation. Copies of all records and documents shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. For the duration of any

Agreement resulting from this solicitation, all documents must be retained by the Contractor within the State of

Florida. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the College’s Inspector General and/or legal counsel for review. The Contractor shall cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period.

1.36 SEVERABILITY

The invalidity or unenforceability of any particular provision of this solicitation or any Agreement resulting from this solicitation shall not affect the other provisions hereof, and shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes of the Agreement can still be determined and effectuated.

1.37 GOVERNING LAW AND VENUE

Any Agreement resulting from this solicitation is executed and entered into in the State of Florida and shall be construed, performed, and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Venue for any action in connection with this solicitation or any Agreement resulting from this solicitation shall be in a court of competent jurisdiction in and for Alachua County, Florida.

1.38 TERMINATION FOR CONVENIENCE

Unless otherwise stated herein or otherwise agreed to by the College and Contractor in any Agreement resulting from this solicitation, a purchase for goods or service from the Contractor by the College may be terminated by either party upon no less than thirty (30) calendar days’ notice, without cause. Upon notice, Contractor shall not incur any additional costs. Notice shall be delivered by e-mail (with verified receipt by the recipient) or certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery.

1.39 TERMINATION FOR CAUSE

Failure by either party to perform the material obligations described herein shall result in default or breach of the Agreement and shall be grounds for termination. Moreover, in the event of the Contractor’s noncompliance with insurance requirements, nondiscrimination provisions, the Americans with Disabilities Act, or with any applicable Florida law or College rules, this Agreement, including any issued PO, may be canceled, terminated, or suspended in whole or in part by the College and the Contractor, at the College’s discretion, may be declared ineligible for further agreements with the College. Unless otherwise stated herein or otherwise agreed to by the College and Contractor in any Agreement resulting from this solicitation, in the event of a breach or default of the Agreement, the breaching party shall have seven (7) calendar days from written notice to cure such breach or a shorter time is warranted under the public records law with regard to Section 1.35. Should the breaching party fail to cure said default or breach within the time prescribed, the Agreement shall terminate. In the event the Agreement is terminated, nothing herein shall prevent either party from seeking all remedies available to it.

1.40 AVAILABILITY OF FUNDS

The obligations of the College under the award(s) from this solicitation are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida. When funds are not available, at the determination of the College, the College may terminate the Agreement upon notice to

Contractor.

1.41 FORCE MAJEURE

Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under the

Agreement resulting from this solicitation due directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, terrorism, strikes, or labor disputes.

1.42 VERBAL INSTRUCTIONS

No negotiations, decisions, or actions shall be initiated or executed by the bidder/proposer as a result of any discussions with any College employee. Only those communications that are in writing from the College's

Purchasing Department Contact identified in this solicitation or the College’s Director of Purchasing & Ancillary

Services shall be considered a duly authorized expression on behalf of the College. Only communications from the bidder’s/proposer’s representative that are in writing will be recognized by the College as duly authorized expressions on behalf of the bidder/proposer. Following award, the College may designate another primary contact or department to communicate with the Contractor regarding the unsolicited goods and/or services.

1.43 COLLEGE RULES

Contractor understands and agrees to follow all current College rules and procedures that may apply to any service they perform for the College, including, but not limited to, College Rule 2.8 (Policy Prohibiting

Discrimination and Harassment), Rule 2.12 (Prohibition Against Fraudulent or Other Dishonest Acts), and Rule

3.38 (Prohibition of Firearms and Weapons on College Premises). These rules and procedures, which may be changed from time to time, can be viewed at the College Rules website (www.sfcollege.edu/general-counsel/rules/html). Contractor further understands that Rule 2.8 prohibits sexual harassment, including sexual violence, as a violation of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681). Contractor and

Contractor personnel must report any suspected sexual harassment, fraud or violence to the SF College Police

Department (352-395-5519) and the College’s Civil Rights Compliance Officer and Title IX Coordinator (352-395-

7384).

Florida law provides that any person who knows, or has reasonable cause to suspect, that a child is abused, neglected, or abandoned by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall immediately report such knowledge or suspicion to the Florida Department of Children and Families at 1-800-962-2873. More information about reporting abuse may be found online https://www.myflfamilies.com.

Additionally, Contractor understands that Florida law requires reporting suspected abuse of a child even when the alleged abuser is not the parent or caregiver of the child.

1.44 CHANGES TO AGREEMENT

Any changes to the resulting Agreement must be in writing and executed by authorized representatives of all parties, or by a College-issued change order and acceptance by Contractor.

1.45 CONFIDENTIALITY & PROPRIETARY INFORMATION

Bidder/Proposer/Contractor retains all rights for any copyrights and deliverables produced, unless otherwise agreed or those clearly conveyed to College. All goods or services provided to the College will not infringe upon or violate any patent, copyright, trademark, trade secret, or any other proprietary right of any third party.

Confidential information shall include only information that is made exempt and/or confidential from disclosure by federal or Florida law. It is the responsibility of the bidder/proposal/contractor to invoke an exemption to http://www.sfcollege.edu/rules/ https://www.myflfamilies.com/services/abuse/abuse-hotline https://www.myflfamilies.com/ disclosure. Confidential or proprietary information provided by the bidder/proposer/contractor to the College must be clearly marked and identified by Contractor as being proprietary or confidential. Any item marked “confidential” that is not accompanied by sufficient evidence of statutory exemption, or a protective order, shall be considered a public record. Each party agrees to protect confidential information disclosed to the other party and will take reasonable action required to protect the disclosing party from damages arising out of the disclosure of information or property in violation of this provision. If either party believes any information submitted is protected from disclosure under Florida’s public records law, the disclosing party must provide evidence of a statutory exemption under Florida law that is satisfactory to the other or obtain a protective order. This solicitation and proposer’s response, including any pricing contained therein, is generally not considered confidential.

1.46 E-VERIFY

To the extent that Contractor meets the definition of “contractor” in Fla. Stat. § 448.095(1)(b), Contractor shall comply with Fla. Stat. § 448.095 and this section. Contractor and its subcontractors, if any, will register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Contractor will provide appropriate evidence of enrollment to College upon request. Contractor will require each subcontractor, if any, to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor will maintain a copy of such affidavits for the duration of its contract with

College. If the College, the Contractor, or a subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Fla. Stat. § 448.09(1), it shall terminate the contract with that person or entity.

This termination is not a breach of contract and may not be considered as such. Contractor will be liable for any additional cost or expense incurred by College as a result of such termination of a contract. If College has a good faith belief that a subcontractor knowingly violated this section, but the Contractor otherwise complied with the relevant law, College will promptly notify the Contractor and direct the Contractor to immediately terminate the contract with the subcontractor.

1.47 FERPA

In accordance with the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g et seq., 34 CFR Part

99, and Florida Statutes §§1002.225 and 1006.52, should the Contractor be deemed to have a legitimate educational interest in accessing a student’s educational records, the Contractor and Contractor’s employees shall comply with the non-disclosure and other requirements of all applicable laws and regulations.