ITB_19200044B-LL_Art_Paper_Bid_Document.pdf

INVITATION TO BID AND PROPOSER’S ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT & TELEPHONE:

September 10, 2019 Luangel Lowder, 407-320-0240

Luangel_Lowder@scps.k12.fl.us

BID NUMBER AND TITLE: ITB #19200044B-LL

Art Paper

BID DUE DATE & TIME October 1, 2019 by 3:00 P.M. EST

NOTE: BIDS RECEIVED AFTER THE BID DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-BID MEETING DATE & TIME: Voluntary – September 18, 2019; 8:30 AM EST, at the Educational Support Center, 400 East Lake Mary Blvd., Sanford, Florida 32773, In Conference Room #306.

The School Board of Seminole County, Florida, solicits your company to submit a Bid on the above-referenced goods and/or services.

All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A Bid will not be accepted unless all conditions have been met. In the event of a conflict between the General Purchasing Terms and Conditions and any subsequent Special Conditions included herein or attached hereto, the Special Conditions will have precedence. All Bids must have an authorized signature in the space provided below. All Bids must be sealed and received in The School Board of Seminole County Florida Purchasing Office at 400 East Lake Mary Boulevard, Sanford, Florida, by the “Bid Due Date & Time” referenced above. All envelopes containing sealed Bids must reference the “Bid Title”, “Bid Number” and the “Bid Due Date & Time”. The School

Board is not responsible for lost or late delivery of Bids by the U.S. Postal Services or other delivery services used by the Proposer.

NOTE: BIDS SENT VIA U.S. MAIL TO THIS ADDRESS ARE DELIVERED TO A PO BOX AND MAY DELAY DELIVERY TO THE PURCHASING DEPARTMENT UP TO 2 DAYS. PLEASE PLAN FOR THIS DELAY IF USING THE U.S. POSTAL SERVICE. IF UTILIZING A COURIER SERVICE OR INDIVIDUAL FOR BID DELIVERY IN PERSON, PLEASE ALLOW AT LEAST 30 MINUTES TO

OBTAIN A VISITOR BADGE AT THE BUILDING ENTRANCE.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS WILL NOT

BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE PROPOSER.

LEGAL NAME OF COMPANY (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

FLORIDA DIVISION OF CORPORATION DOCUMENT NUMBER: ___________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL: _________________________________________________________

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER PROPOSER SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS BID AND CERTIFY THAT I AM

AUTHORIZED TO SIGN THIS BID FOR THE PROPOSER.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________ PRINTED NAME: _____________________________________________________

TITLE: _____________________________________________ DATE: ______________________________________________________________

THE SCHOOL BOARD OF SEMINOLE COUNTY FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 E. Lake Mary Boulevard Sanford, FL 32773-7127 mailto:Luangel_Lowder@scps.k12.fl.us

ITB #19200044B-LL

I. GENERAL PURCHASING TERMS AND CONDITIONS. These general terms will apply to all purchases by the School Board as a result of an award hereunder. In the event of a conflict between Section II and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence. The titles used are for convenience only; the Proposer is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County Florida may be referred to as the “Board”, “School Board” or “SBSC” herein.

B. The term “Proposer” shall refer to the company, individual, or organization that responded to this solicitation.

C. The term “Contractor” shall refer to any successful awardees hereunder.

2. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise or State of Florida Sales taxes.

3. PRICE ESCALATION CLAUSE. The Bid price shall remain in effect for the first twelve (12) months of this contract.

4. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order Number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

5. TRANSPORTATION AND TITLE.

A. Title to the goods will pass to the School Board upon receipt and acceptance at the destination unless indicated otherwise herein. Until acceptance, the Contractor retains the sole insurable interest in the goods.

B. The shipper will prepay all transportation charges. The School Board will not accept collect freight charges.

C. No premium carriers will be used for the School Board’s account without prior consent of the Director of Purchasing and Distribution Services.

6. RISK OF LOSS. The Contractor assumes the following risks:

A. All risks of loss or damage to all goods, work in process, materials and equipment until the delivery thereof as herein provided;

B. All risks of loss or damage to third persons and their property until delivery of all goods as herein provided;

C. All risks of loss or damage to any property received by the Contractor or held by the Contractor or its suppliers for the account of the School Board, until such property has been delivered to the School Board;

D. All risks of loss or damage to any of the goods or part thereof rejected by the School Board, from the time of shipment thereof to Contractor until redelivery thereof to the School Board.

7. PACKING LIST. All shipments will include an itemized list of each package contents and reference the

School Board‘s Purchase Order Number. No charges will be allowed for cartage or packing unless agreed upon by the School Board prior to shipment.

8. INSPECTIONS AND TESTING. The School Board will have the right to expedite, inspect and test any of the goods at work covered by this Bid. All goods or services are subject to the School Board’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Contractor’s risk. Such inspection, or the waiver thereof, however, will not relieve the Contractor from full responsibility for furnishing goods or work conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or privilege the School Board may have because of the use of defective or unsatisfactory goods or work.

9. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the Bid terms and conditions.

10. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this Bid will be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor will take all necessary action, at Contractor s expense, to correct such breach in the most expeditious manner possible.

11. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School Board.

12. INSURANCE. Contractors and vendors will provide a certificate(s) evidencing such insurance coverage to the extent listed in Sections 1-5 below before commencement of work.

Insurance listed in Section1 below is required of all contractors and vendors: SBSC and its Board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured -– Owners, Lessees, or Contractor). If SBSC and its Board members, officers, and employees are not named as additional insureds then SBSC reserves the right terminate this agreement.

Insurance listed in Section 2 below: All contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to carry this insurance to the limit listed below. All non-construction contractors whose work for SBSC 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.

Insurance listed in Section 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 SBSC is responsible for the work of the contractor from portal to portal is required to carry this insurance to the limit listed below.

Insurance as listed in Section 4 below: All non-construction contractors and vendors that have one or more employees or subcontracts any portion of their work to another individual or company are required to have workers’ compensation insurance. For contracts of $25,000 or more, no State of Florida, Division of Workers’ Compensation, Exemption forms will be accepted. All contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to have workers’ compensation insurance. All entities and individuals required to have worker’s compensation insurance must purchase a commercial workers’ compensation insurance policy to the limits listed below. The Workers’ Compensation policy must be endorsed to waive the insurer’s right to subrogate against SBSC, and its Board members, officers and employees in the manner which would result from the attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form

WC 00 03 13).

Insurance as listed in Section 5 below: All contractors providing professional services including but not limited to 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 Sections 1 to 5 above and as checked off in the box to the left of each Section 1 to 5 below. All required insurance 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. All required insurance policies must be endorsed to provide for notification to SBSC 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 Seminole County, Florida.

The Contractor shall, within thirty (30) days after receipt of a written request from SBSC, provide SBSC with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 2.4. The Contractor may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 2.4.

All insurance provided by the Contractor shall apply on a primary basis to and shall not require contribution from, any other insurance or self-insurance maintained by SBSC. Any insurance, or self-insurance, maintained by SBSC shall be in excess of, and shall not contribute with, Contractor-provided insurance.

1. Commercial General Liability Insurance:

Bodily Injury and Property Damage Per Occurrence - $1,000,000 General Aggregate - $2,000,000

2. Product Liability and/or Completed Operations Insurance:

Bodily Injury and Property Damage Per Occurrence - $1,000,000 Products – Completed Operations Aggregate - $2,000,000

3. Automobile Liability:

Bodily Injury and Property Damage:

Combined Single Limit (each accident) - $1,000,000

4. Workers’ Compensation/Employer’s Liability:

W.C. Limit Required* - Statutory Limits E.L. Each Accident - $ 500,000 E.L. Disease – Each Employee $ 500,000 E.L. Disease – Policy Limit $ 500,000

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.

Annual Aggregate - $1,000,000

Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any required insurance provided by the Contractor pursuant to this Agreement will be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without approval of SBSC), the Contractor shall be responsible for paying on behalf of SBSC (and any other person or organization that the Contractor has, in this Agreement, agreed to include as an insured for the required insurance) any such deductible or self-insured retention.

The Contractor shall continue to maintain products/completed operations coverage in the amounts stated above for a period of three (3) years after the final completion of the Work.

Professional Liability coverage must be maintained in the amounts stated above for a two-year period following completion of the contract.

Compliance with these insurance requirements shall not limit the liability of the Contractor, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to SBSC or SBSC’s Board members, officers or employees by the insurance provided by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the Contractor) available to SBSC under this Agreement or otherwise.

Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from the responsibility to provide insurance as required by this Agreement.

13. SOVEREIGN IMMUNITY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of School Board’s rights and sovereign immunities under Florida Statutes. School Board damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

14. LAWS AND REGULATIONS. Contractors will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts. Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Proposer shall not constitute a cognizable defense against actual or potential damages caused thereby.

15. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida. In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, and Orlando Division.

16. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the

School Board, its officers, employees, agents, or representatives from liability of any nature or kind, including cost and expenses for or on account of copyrighted, patented or un-patented invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the work shall be included in the price proposal of the Contractor.

17. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required will be the responsibility of the successful Contractor; no separate or additional payment will be made. A copy of these licenses and permits shall be submitted to the Buyer prior to commencement of work. If the service(s) being provided requires that individuals or organizations be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the Bid due date and time. For state licensing, contact the Florida Department of Business and Professional

Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

18. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All Contractor employees that require access to school campuses must be cleared by School Board or an appropriate agency and wear a School Board issued current picture identification badge. Contractors hereunder shall comply with the required background check of employees as may be applicable and failure to comply shall be considered a material breach of contract. Refer to https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml for School Board for Background Check Requirements

A. CLEARANCE BY SCHOOL BOARD. Contractor will comply with the requirements of the Jessica

Lunsford Act §1012.465 Florida Statute in regards to fingerprinting and level 2 background screenings of all applicable employees and any sub-contractor employees.

B. CLEARANCE BY OTHERS. Pursuant to §1012.468 Florida Statute, if Contractor employees have been cleared by another agency and already possess a uniform statewide identification badge issued by the agency, Contractors are required to complete the FSSR Form for School Board badging.

19. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fail to comply with any of the provisions of this Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped / performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

3) In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

20. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a Bid or performance bond may not be required. However, upon award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available Bid price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future Bid awards for a period of time determined by the severity of the default, but not exceeding two years.

C. Any other remedy available to the School Board in tort or law.

21. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

22. ASSIGNMENT. Any Purchase Order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services Department.

23. AUDIT AND INSPECTION. The School Board or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement. Documents / records in any form shall be open to the Board's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the Board and the Contractor.

24. CONTRACTOR’S PUBLIC RECORDS. Pursuant to §119.0701 Florida Statutes, “Contractors” as defined by statute that enter into a contract for services with the School Board and are acting on behalf of the School Board are required to comply with public records laws and to specifically:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the School Board would provide the records and at a cost that does not exceed the cost provided by statute 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 School Board all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the School Board in a format that is compatible with the information technology systems of the School Board.

E. If a Contractor does not comply with a public records request, the School Board shall enforce the contract provisions which may include immediate termination of contract.

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,

CAROLYN BEDSOLE, IS PROJECT MANAGER AT 407-

320-0466, carolyn_bedsole@scps.k12.fl.us, THE SCHOOL

BOARD OF SEMINOLE COUNTY, FLORIDA, 400 EAST

LAKE MARY BLVD., SANFORD, FLORIDA 32773.

25. FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION

REQUIREMENTS.

A. Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the 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.

B. If the firm is not located in Florida, the firm must provide their state’s document number and a screen shot of their current, date-identified “active” status with their submittal.

26. PUBLIC ENTITY CRIMES. A Proposer who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit Bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Sub-Contractor, 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 section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

27. OTHER AGENCIES. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include Public Charter Schools to participate in the contract under the same prices, terms and conditions. Further, it is understood that each entity will issue its own purchase order to the awarded respondent(s).

28. DRUG-FREE WORKPLACE. Whenever two or more Solicitations are equal with respect to price, quality, and service, a Solicitation received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at a cost of $27.00 prior to working on the School Board account. Refer to (Attachment – 2).

29. NEW MANUFACTURE. The items Bid shall be new and currently manufactured model of the best quality and highest grade workmanship, carry the manufacture’s standard warranty as a minimum, and be equal to the specifications stated herein. Unless stated otherwise, used, remanufactured, refurbished, or reconditioned products are unacceptable.

30. SAMPLES AND BRAND NAMES.

A. BRAND NAMES. Specifications referencing specific brand names and models are used to reflect the kind and type of quality in materials and workmanship, and the corresponding level of mailto:carolyn_bedsole@scps.k12.fl.us http://www.sunbiz.org/ performance the School Board expect to receive as a minimum. Proposers offering equivalents or superior products to the brand/model referenced will: (a) reference on the Bid in the space provided the manufacturer’s name, brand name, model and/or part number; (b) next to the price Proposer will indicate “ALT” to reflect an alternate offering; (c) where no sample is provided with the Bid, Proposers will enclose sufficient technical specification sheets and literature to enable the School Board to reach a preliminary evaluation; (d) the School Board may request and Proposer agrees to submit a sample or to provide its product on-trial or demonstration, whichever the School Board may deem appropriate, at no charge to the Board; (e) the School Board reserves the right to determine the acceptability of any alternatives offered.

B. SAMPLES. Any sample requested by this Bid or to be provided at the Proposer’s option, should be forwarded under separate cover to the attention of the Purchasing and Distribution Services Department. The package or envelope will reference the “Bid Number”, “Bid Title”, and “Bid Item Number” and clearly marked “Samples”. All samples will be provided free of charge, including transportation charges. Proposers are responsible for notifying and making arrangements for a pick up from the School Board if a return of samples is expected. All samples unclaimed for thirty

(30) days will be disposed of at the discretion of the School Board.

31. SUBSTITUTIONS. Substitution of other brands for items awarded and ordered is prohibited. In the event an awarded item is discontinued by the manufacturer during the term of the contract and is not available from either the Contractor’s or the manufacturer’s inventory then the Contractor must provide written notification from the manufacturer that the item has been discontinued. The Contractor must file a written request with the Buyer and be granted approval to substitute. Requests to substitute shall be accompanied by complete specifications for the proposed substitute and a sample may be requested.

32. GENERAL EVALUATION CRITERIA.

A. Primary factors used to decide the award hereunder will be price, ability to meet specifications and responsiveness. In the event alternatives are offered, the School Board reserves the right to consider and accept or reject alternatives at its discretion.

B. A Proposer’s past performance may be used in the evaluation of this Bid.

C. The School Board reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any Bid in its entirety or in part, and to waive minor irregularities if the Bid is otherwise valid.

D. In the event of a price extension error, the unit price will be accepted as correct.

E. The School Board may consider in conjunction to any award hereunder, those products, services and, prices available to them through contracts from state, federal, and local government agencies or other School Boards within the State of Florida.

F. Changes or amendments to the School Board standard “General Purchasing Terms and Conditions” submitted with your Invitation to Bid document may result in your Bid being deemed “non-responsive.”

G. The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under Section 287.056, of the Department of Management Services will be reviewed for the subject of the award recommendation of this solicitation.

33. POSTING OF BID CONDITIONS/SPECIFICATIONS, CLARIFICATIONS, AND INTERPRETATIONS.

A. This Bid will be posted for review by interested parties on DemandStar and VendorLink, the School Board’s third party notification services, and these links are accessible on the Purchasing and Distribution Services Department’s website at:

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ and will remain posted up to and including the Due Date of this Bid. In accordance with Florida Statutes 120.57(3), with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver of proceeding under Chapter 120, Florida Statutes.

School Board Policy #6326 – Bid Protests may be found online at https://www.scps.k12.fl.us/district/school-board/policies-procedures/.

B. Any questions concerning the terms, conditions or specifications will be directed to the designated Buyer referenced on the Proposer’s Acknowledgement. Any ambiguities or inconsistencies shall https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ https://www.scps.k12.fl.us/district/school-board/policies-procedures/ be brought to the attention of the designated Buyer in writing at least ten (10) workdays prior to the due date of the Bid. Failure to do so, on the part of the Proposer will constitute an acceptance by the Proposer of any consequent decision.

C. An addendum to the Bid shall be issued and posted for those interpretations that may affect the eventual outcome of this Bid. It is the Proposer’s responsibility to assure the receipt of all addendum issued. No person is authorized to give oral interpretations of, or make oral changes to the Bid. Therefore, oral statements given before the Bid due date will not be binding. The School Board will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted at least five workdays prior to the due date on the third party notification links and are accessible on the Purchasing and Distribution Services Department’s website at: https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/. The Proposer shall acknowledge receipt of all addenda by signing and enclosing said addenda with their proposal.

D. The School Board reserves the right to allow for clarification of questionable entries, and for the Proposer to withdraw items with obvious mistakes.

34. SOLICITATION DOCUMENTATION & PUBLIC RECORDS. Meetings involving oral presentations by proposers or negotiations are closed to the public. Responses to this solicitation, and recordings of oral presentations or negotiations shall become “public records” upon award recommendation or thirty (30) days after the solicitation due date, whichever is earlier, and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in response to this solicitation, identify the data and other material to be protected, and state the reasons why such exclusion from public disclosure is necessary.

35. CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL. If the Proposer considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Proposer must also simultaneously provide the School Board with a separate redacted copy of its response. The redacted copy shall contain the School Board’s solicitation name, number, and the name of Proposer on the cover, and shall be clearly titled “Redacted Copy.” The Redacted Copy shall be provided to the School Board at the same time Proposer submits its response to the solicitation and must only exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

A. Proposer shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, Proposer shall protect, defend and indemnify the School Board for any and all claims from or relating to Proposer’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure.

B. If the Proposer fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by Proposer in response to a public records request for these records.

36. GREEN PROVISION. The School Board supports and encourages the purchase of products and services that use recycled post-consumer waste are energy efficient and/or environmentally friendly.

Products that are comparable to the Bid specifications stated herein and are reusable, refillable, repairable, more durable, and less toxic may be purchased or used where practicable and cost effective as an alternative at the discretion of the Board. The Board also encourages and promotes using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. The Proposer shall be responsible for providing packaging that will protect the products shipped and documentation which demonstrates how their products or services meet this provision.

37. SAFETY DATA SHEET. If applicable, a Safety Data Sheet (SDS) must be submitted with your Bid for all hazardous materials/chemicals included herein. Failure to provide required information will render your Bid non-responsive and rejection of your Bid.

38. CONFLICT OF INTEREST. Proposer is subject to the provisions of Chapter 112 Florida Statutes. The

Proposer must disclose with their response the name of any company owner, officer, director, agent or representative who is also an employee of the School Board or their immediate family which owns any interest of any amount in the Proposer’s company, partnership, or agency. (See attachment – 5)

39. CONTACT / LOBBYING. All questions for additional information regarding this Bid must be directed to the designated Buyer noted on page one. Prospective Proposers, employees, agents or representative shall not contact nor lobby any member of the Seminole County School Board, Superintendent, members of the Evaluation Committee, or staff regarding this Bid prior to posting of the final tabulation and award recommendation on the website. Any such contact shall be cause for disqualification and rejection of proposal.

40. CONTINGENT FEE PROHIBITED. The Proposer warrants that they have not employed or retained any third party other than the Proposer’s employee or agent to solicit or secure an award hereunder and that they will not paid a fee, commission, percentage, gift or other consideration to a third party upon or resulting from the award hereunder. Violation shall constitute a breach of contract and termination of agreement and a deduction from any outstanding obligations for the full amount of the fee, commission, percentage, gift or consideration paid.

41. LIQUIDATED DAMAGES RECOVERY. The Proposer agrees to the use of Liquidated Damages

Recovery in the event Proposer fails to perform in accordance with the provisions herein. On the occasion where the Proposer has been found to be in default of contract, or any material provision thereof, or fails to remedy any deficiency in performance, School Board may procure the necessary supplies or services from an alternative source and hold the Proposer financially responsible for any excess costs incurred.

The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the Proposer. In addition, default will result in termination of contract and a prohibition against future business with School Board for a term of not less than two years.

42. SUB-CONTRACTORS. The Proposer is responsible for performance and meeting all specifications and for the performance of any sub-contractors used in conjunction with an award hereunder. The Proposer shall coordinate the use of any sub-contractor(s) with the School Board Representative and shall ensure that the sub-contractor(s) are qualified, insured, and that sub-contractor’s employees have security clearance and meet all requirements set forth herein.

43. BID OPENING AND FORM. Bid openings will be public on the date and time specified on the Proposer’s

Acknowledgment form. All Bids received after the time indicated will be rejected as non-responsive and returned unopened to sender. It is the Proposer’s sole responsibility to insure their Bid(s) are received timely; School Board shall not be held responsible for late or missed delivery by third party delivery services. Bids by email, fax, or verbally (by telephone or in person) will not be accepted. The public opening will acknowledge receipt of the Bid(s) only, details concerning pricing or the offering will not be announced. All Bid(s) submitted shall become public record upon an announcement of a recommended award or 30 days after the due date whichever occurs first.

44. BID TABULATIONS, RECOMMENDATIONS, AND PROTEST. Bid Tabulations with award recommendations are posted to the DemandStar and VendorLink, the School Board’s third party notification services, and these links are accessible on the Purchasing and Distribution Services’ website at https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/. Failure to file a written protest within 72 hours of the posting as prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes and School Board Rules. Bid tabulations or recommendations are available through the School Board’s third party notification services and notices will not be mailed. School Board Policy #6326 – Bid Protests may be found online at https://www.scps.k12.fl.us/district/school-board/policies-procedures/.

45. BID PREPARATION COSTS. Neither the School Board nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this Bid.

46. AGREEMENT FORM. For Invitations to Bid (ITB) for products only, this document including all terms and conditions contained herein, and the Proposers response hereto shall constitute the agreement of the parties. For services or where there is a subsequent agreement as a result of an award hereunder, such agreement shall incorporate all terms, conditions and specifications contained herein, and in response thereto, unless mutually amended in writing. All awards hereunder shall be issued a confirming Purchase Order in confirmation to any award under this solicitation.

47. REPORT OF UNSATISFACTORY PRODUCT AND/OR SERVICES. A ‘Report of Unsatisfactory Product or Service’ form (Exhibit – 1) 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 Purchasing and Distribution Services Department 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.

48. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. In accordance with

Section 287.135 of the Florida Statutes, THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT https://www.scps.k12.fl.us/district/school-board/policies-procedures/

ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY

OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE SCHOOL BOARD “A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.” Section 215.473 defines a company to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by

Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in

Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The

School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum

Energy Sector List. Notwithstanding the preceding, the School Board reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4) are met.

49. WITHDRAWAL OF BID. In accordance with School Board Policy 7.70, no competitive solicitation may be withdrawn after submission except with the approval of the Director of Purchasing and Distribution

Services. After award by the Board, no solicitation may be withdrawn by the proposer except for a material error as determined by the Board.

50. FLORIDA PREFERENCE. Pursuant to §287.084 Florida Statute, award recommendations shall make appropriate adjustments to pricing when considering solicitations from Proposers having a principal place of business outside the State of Florida. All Proposers must complete and submit Attachment – 8 with the response to this solicitation. Failure to comply shall be considered non-responsive to the terms of this solicitation. Refer to leg.state.fl.us/Statutes/index.cfm for additional information regarding this

Statute. *** (Attachment – 8)

FEDERAL GRANTS TERMS AND CONDITIONS. For any solicitation that involves, receives or utilizes Federal

Grants funding, the following terms and conditions shall be considered a part of the solicitation and resulting award and the Contractor accepts and acknowledges that it is and will continue to be in compliance with said terms and conditions for the term of the award:

51. ILLEGAL ALIEN LABOR

Contractor shall comply with all federal and state laws prohibiting the hiring and continued employment of aliens not authorized to work in the United States. Contractor must not knowingly employ unauthorized aliens and should such violation occur shall be cause for cancellation of the contract. The Contractor and its subcontractors will utilize the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees.

52. RECOVERED MATERIALS (2 CFR §200.322) applies to all contracts greater than $10,000.

Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

53. FEDERAL DRUG FREE WORKPLACE Contractor agrees to comply with the drug-free workplace requirements for federal contractors pursuant to 41 U.S.C.A. § 8102.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=287.084&URL=0200-0299/0287/Sections/0287.084.html

54. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) applies if contract is greater than or equal to $100,000. Contractor certifies that it has filed the required certification and that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. (Refer to Attachment – 7).

55. ENERGY EFFICIENCY / CONSERVATION (42 U.S.C. 6201) Contractor agrees to comply with the mandatory standards and policies relating to energy efficiency…