ITB #231602 CAFETERIA EQUIPMENT FINAL 1.pdf

ITB #231602

INVITATION TO BID (ITB) & BIDDER’S ACKNOWLEDGMENT

POSTING DATE: PURCHASING CONTACT & TELEPHONE:

Shelby Stidham (850) 469-6210

April 19, 2023 sstidham@escdfl.us

BID TITLE: BID NUMBER:

Cafeteria Equipment 231602

BID OPENING DATE & TIME Thursday, May 11, 2023, 1:30 PM CST

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

The School District of Escambia County, Florida solicits your company to submit a proposal on the above referenced goods or services. All terms, specifications, and conditions set forth in this request are incorporated by this reference into your response. Proposals will not be accepted unless all conditions have been met. All proposals must have an authorized signature in the space provided below. All proposals must be sealed and received in the School District's Purchasing Office at 75 N. Pace Blvd., Pensacola, Florida, 32505 by the "ITB Opening Date & Time” referenced above.

All envelopes containing sealed proposals must reference the "RFP Title", "ITB Number" and the "ITB Opening Date & Time". The School District is not responsible for lost or late delivery of Proposals by the U.S. Postal Service or other delivery services used by the Responder. Proposals may not be withdrawn for a period of sixty (60) days after the ITB opening unless otherwise specified. If submitting electronically, Bidders shall submit their response on BidNetDirect.com. ITBs may not be withdrawn for a period of sixty (60) days after the bid opening unless otherwise specified.

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 BIDDER.

COMPANY NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN):

TELEPHONE NUMBER: (EXT: ) FACSIMILE NUMBER:

EMAIL:

HOW DID YOU FIND OUT ABOUT THIS BID? SCHOOL DISTRICT WEBSITE BIDNET DEMAND STAR PRIME VENDOR

OTHER (PLEASE SPECIFY ) MINORITY WOMEN-OWNED SERVICE-DISABLED VETERAN

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER BIDDER 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 TERMS AND CONDITIONS OF THIS BID AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS BID FOR THE BIDDER. I FURTHER CERTIFY THAT I UNDERSTAND THAT FAILURE ON MY PART AS THE BIDDER TO RETURN ALL PAGES OF THE ENTIRE BID PACKAGE, AND/OR FAILURE TO RETURN ANY OF THE ITEMS LISTED IN SECTION III, SHALL RESULT IN A DETERMINATION THAT THE BID IS NONRESPONSIVE.

TYPED OR

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE: DATE:

THE ESCAMBIA COUNTY SCHOOL DISTRICT

PURCHASING DEPARTMENT

75 N. PACE BLVD.

PENSACOLA, FL 32505

mailto:sstidham@escdfl.us

I. INTRODUCTION

The purpose of this solicitation is to enter into a purchase agreement for equipment and installation services, if needed, for school cafeterias throughout the Escambia County School District (the District) for the period beginning July 1, 2023 through June 30, 2024 with two (2), one-year renewal options upon mutual consent of both parties and School Board approval. All existing terms and conditions, except pricing, shall remain in effect for the entire term(s) of this agreement. The District does not pay fuel adjustment charges. The District reserves the right to add or reduce the estimated quantities based on funding availability. Additional quantities for items may also be purchased at the agreement price at any time during the agreement period.

If offering a brand and/or product OTHER THAN ONE OF THE PREAPPROVED BRANDS LISTED, the Bidder shall make a notation in the comments section for that item. If the Bidder offers a product that is not preapproved in this Bid, you must send the documentation listed below for review by Monday, May 1, 2023, 12:00 PM CST.

-Completed sample form

-Full product specifications including warranty, pictures, and drawings for equipment.

-Reference list with contact name, phone number, and email addresses of at least two (2) cafeterias or restaurants that are currently using the equipment.

Failure to send the required documentation when offering an alternate product will result in your Bid being determined “non-responsive” for that item. Alternate product documentation must be clearly labeled “ALTERNATE PRODUCT FOR BID NUMBER 231602”. If planning to submit an alternate, the sample form will be posted on the Purchasing website at http://ecsd- fl.schoolloop.com/purchasing/bids.

Refer to Section T- Samples and Brand Name on page 5.

QUESTIONS: Due to time constraints, it is recommended that vendors send any questions regarding this solicitation by a manner that can be tracked (email, certified mail, or overnight courier); email is preferred.

Deadline for questions will be Wednesday, April 26, 2023, 12:00 p.m., Central Standard Time. Any changes in the specifications contained in this Bid will be made by Addenda. Any Addenda issued concerning this Bid will be posted on the Purchasing Department’s web pages. PRIOR TO SUBMITTING A BID, it shall be the sole responsibility of each Bidder to contact the Purchasing Agent or visit the Purchasing Department’s Web pages to determine if an Addendum has been issued and to obtain such Addendum. Any Addendum and answers to any questions received concerning this solicitation will be posted by close of business Friday, April 28, 2023.

The direct link to the Bid Activity Section of the District website is listed below.

http://ecsd.fl.schoolloop.com/purchasing/bids

All inquiries should be sent to:

Shelby Stidham, Purchasing Agent Purchasing Department Escambia County School District 75 N. Pace Blvd. Pensacola, FL 32505 Email: sstidham@ecsdfl.us

For the Escambia County School District (ECSD) to ensure equal treatment of all participating vendors, the above-named individual is ECSD’s only designated representative for this Bid. Vendors are expected to utilize this representative for ALL Information regarding this Bid. Vendors who contact any other District employee regarding the subject of this Bid are subject to disqualification from participating in this solicitation.

http://ecsd-fl.schoolloop.com/purchasing/bids http://ecsd-fl.schoolloop.com/purchasing/bids http://ecsd.fl.schoolloop.com/purchasing/bids mailto:sstidham@ecsdfl.us

II. GENERAL TERMS AND CONDITIONS

NOTE: The term “Bidder, Vendor, Respondent or Contractor” as used within this Invitation To Bid (ITB) refers to the person, company or organization responding to this ITB. The Bidder is responsible for understanding and complying with the terms and conditions herein.

A. GENERAL: Upon a Bid award, the terms and conditions of this Bid or any portion thereof, may upon mutual agreement of the parties be extended for an additional term(s) or for additional quantities (all original terms and conditions will remain in effect). Subject to the mutual consent of the parties, the pricing, terms and conditions of this Bid, for the products or services specified herein, may be extended to other municipal, city or county government agencies, school boards, community or junior colleges, or state universities within the State of Florida.

B. BID OPENING AND FORM: Bid openings will be public on the date and time specified on the Bidder’s

Acknowledgement form. All Bids received after the time indicated will be rejected as non- responsive and retained by the District. Bids by Email, fax, telegram, or verbally by telephone or in person will not be accepted. The public opening will acknowledge receipt of the bids only; details concerning pricing or the offering will not be announced. All bids submitted shall become public record upon an announcement of a recommended award or thirty (30) days after the opening date whichever occurs first. To protect any confidential information contained in their Bid, companies must invoke the exemptions to disclosure provided by law in response to the ITB, and must identify the data and other material to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

C. WARRANTY: All goods and services furnished by the Bidder, relating to and pursuant to this Bid will be warranted to meet or exceed the Specifications contained herein. In the event of breach, the Bidder will take all necessary action, at Bidder’s expense, to correct such breach in the most expeditious manner possible.

D. PRICING: All pricing submitted will include all packaging, handling, shipping charges, and delivery to any point within Escambia County, Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise and State of Florida Sales taxes.

E. TERMS OF PAYMENT / INVOICING: The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Bidder’s invoice. Itemized invoices, each 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.

F. TRANSPORTATION AND TITLE: (1) Title to the goods will pass to the School District upon receipt and acceptance at the destination indicated herein. Until acceptance, the Bidder retains the sole insurable interest in the goods. (2) The shipper will prepay all transportation charges. The School District will not accept collect freight charges. (3) No premium carriers will be used for the School District’s account without prior written consent of the Director of Purchasing.

G. PACKING: All shipments will include an itemized list of each package’s content, and reference the

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

H. INSPECTIONS AND TESTING: The School District will have the right to expedite, inspect and test any of the goods or work covered by this Bid. All goods or services are subject to the School District’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Bidder’s risk. Such inspection, or the waiver thereof, however, will not relieve the Bidder 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 District may have because of the use of defective or unsatisfactory goods or work.

I. STOP WORK ORDER: The School District may at any time by written notice to the Bidder stop all or any part of the work for this Bid award. Upon receiving such notice, the Bidder will take all reasonable steps to minimize additional costs during the period of work stoppage. The School District 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.

J. INSURANCE AND INDEMNIFICATION: The Bidder agrees to indemnify and save harmless the School

District, 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 Bidder, its agents, employees, or representatives, or are arising from any Bidder furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School District. The Bidder will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the School District. The Bidder will, at the request of the School District, supply certificates evidencing such coverage.

K. RISK OF LOSS: The Bidder assumes the following risks: (1) all risks of loss or damage to all goods, work in process, materials and equipment until the delivery thereof as herein provided; (2) all risks of loss or damage to third persons and their property until delivery of all goods as herein provided; (3) all risks of loss or damage to any property received by the Bidder or held by the Bidder or its suppliers for the account of the School District, until such property has been delivered to the School District; (4) all risks of loss or damage to any of the goods or part thereof rejected by the School District, from the time of shipment thereof to Bidder until redelivery thereof to the School District.

L. LAWS AND REGULATIONS: Bidders 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. Bidders agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. 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. The parties agree that jurisdiction for the resolution of any legal issues arising out of this Agreement shall be solely with the Circuit Courts of Escambia County, Florida. The parties hereby waive venue in any other forum.

M. PUBLIC ENTITY CRIMES: A Bidder, 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 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 bids 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 Florida State Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

N. PATENTS: Bidders agree to indemnify and save harmless the School District, its officers, employees, agents, or representatives using the goods specified herein from any loss, damage or injury arising out of a claim or suit at law or equity for actual or alleged infringement of letters of patent by reason of the buying, selling or using the goods supplied under this Bid, and will assume the defense of any and all suits and will pay all costs and expenses thereto.

O. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112 Florida

Statutes. All Bidders must disclose the name of any company owner, officer, director or agent who is an employee of the School District and/or is an employee of the School District and owns, directly or indirectly, an interest of five percent or more of the company.

P. TERMINATION: DEFAULT: The School District may terminate all or any part of a subsequent award by giving notice of default to Bidder, if Bidder: (1) refuses or fails to deliver the goods or services within the time specified; (2) fails 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 District’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination. CONVENIENCE. The School District 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 Districts sole obligations will be to reimburse Bidder for (1) those goods or services actually shipped/performed and accepted up to the date of termination, and (2) costs incurred by Bidder for unfinished goods, which are specifically manufactured for the School District and which are not standard products of the Bidder, as of the date of termination, and a reasonable profit thereon. In no event is the School District responsible for loss of anticipated profit nor will reimbursement exceed the Bid value.

Q. DRUG-FREE WORKPLACE: Whenever two or more Bids are equal with respect to price, quality, and service, a Bid 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.

R. PERFORMANCE: In an effort to reduce the cost of doing business with the School District, and unless indicated elsewhere, no Bid or performance bond is required. However, upon award and subsequent default by Bidder, the School District reserves the right to pursue any or all of the following remedies:

(1) to accept the next lowest available Bid price or to purchase materials or services on the open market, and to charge the original awardees for the difference in cost via a deduction to any outstanding or future obligations; (2) the Bidder in default will be prohibited from activity for a period of time determined by the severity of the default, but not exceeding two years; (3) any other remedy available to the School District in tort or law.

S. AUDIT AND INSPECTION: The District or its representative reserves the right to inspect and/or audit all the Bidder’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 Bidder 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 District’s representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or subcontracts that directly or indirectly pertain to the transactions between the District and the Bidder.

T. SAMPLES AND BRAND NAMES: 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 performance the School District expects to receive as a minimum. Bidders offering equivalents or superior products to the brand/model referenced will: (1) reference on the Bid in the space provided the manufacturer’s name, brand name, model and/or part number; (2) next to the price Bidder will indicate “ALT” to reflect an alternate offering; (3) where no sample is provided with the Bid, Bidders will enclose sufficient technical specification sheets and literature to enable the School District to reach a preliminary evaluation; (4) the School District may request and Bidder agrees to submit a sample or to provide its product on-trial or demonstration, whichever the School District may deem appropriate, at no charge to the District; (5) the School District reserves the right to determine the acceptability of any alternatives offered. SAMPLES. Any sample requested by this Bid or to be provided at the Bidder’s option, should be forwarded under separate cover to the attention of the Purchasing Office of the School District. 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. Bidders are responsible for notifying and making arrangements for pick up from the School District if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the School District.

U. EVALUATION CRITERIA: Primary factors used to decide the award hereunder will be price, quality, availability, and responsiveness. Other factors that may be used in the evaluation of this Bid will be:

(1) administrative costs incurred by the School District in association with the discharge of any subsequent award; (2) alternative payment terms; (3) Bidder’s past performance. The School District reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any proposal in its entirety or in part, and to waive minor irregularities if the proposal is otherwise valid. In the event of a price extension error, the unit price will be accepted as correct. The School District has sole discretion in determining testing and evaluation methods. The School District 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 districts within the State of Florida.

V. CLARIFICATIONS AND INTERPRETATIONS: The School District reserves the right to allow for clarification of questionable entries, and for the Bidder to withdraw items with obvious mistakes. Any questions concerning terms, conditions or specifications will be directed to the designated Purchasing Agent referenced on the Bid Acknowledgement. Any ambiguities or inconsistencies shall be brought to the attention of the designated Purchasing Agent in writing at least seven workdays prior to the opening date of the proposals. Failure to do so, on the part of the bidder will constitute an acceptance by the bidder of consequent decision. 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 bidder’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 opening date will not be binding. The School District will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted to the School District’s Purchasing website address at: http://ecsd-fl.schoolloop.com/purchasing/bids at least five workdays prior to the opening date. The bidder shall acknowledge receipt of all addenda by signing and enclosing said addenda with their bid.

W. BID TABULATIONS, RECOMMENDATIONS, AND PROTEST: Bid tabulations with award recommendations are posted for 72 hours in the Purchasing Office and are also posted to the School District’s Purchasing website address at: http://ecsd-fl.schoolloop.com/purchasing/bids. Failure to file a protest within the time prescribed in Section 120.57(3) Florida State Statutes or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida State Statutes and School Board Rules. Bid tabulations, recommendations or notices will not be automatically mailed.

X. CONTACT: All questions for additional information regarding this Bid must be directed to the designated Purchasing Agent noted on page one. Prospective Bidders shall not contact any member of the Escambia County School Board, Superintendent, or staff regarding this Bid prior to posting of the final tabulation and award recommendation on the website and in the Purchasing Office.

Any such contact shall be cause for rejection of your bid.

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

Z. AGREEMENT FORM: All subsequent agreements as a result of an award hereunder, shall incorporate all terms, conditions and specifications contained herein, and in response hereto, unless mutually amended in writing.

AA. MODIFICATONS: Changes to specifications, terms, and conditions must be in writing and by mutual consent of both parties and School Board approval, if needed.

III. SPECIAL CONDITIONS These "SPECIAL CONDITIONS" are in addition to or supplement Section II GENERAL TERMS AND CONDITIONS. In the event of a conflict these SPECIAL CONDITIONS shall have precedence.

http://ecsd-fl.schoolloop.com/ http://ecsd-fl.schoolloop.com/

A. EX PARTE COMMUNICATIONS: Ex parte communication, whether verbal or written, by any potential Bidders or representative of any potential Bidders to this solicitation with District personnel involved with or related to this Bid, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Bidders’ offer.

Ex parte communication (whether verbal or written) by any potential Bidders or representative of any potential Bidders to this solicitation with District School Board members is also prohibited and will result in the disqualification of the Bidders.

Any current vendor meetings with District staff and administration, or instructional personnel shall at no time include any conversation regarding the Bid.

B. DOCUMENTATION AND REQUIRED ENCLOSURES: All documents listed below must be returned in their entirety. Failure to return all pages (this entire document) or any of the items listed below may result in your Bid not being accepted.

1. The entire Bid document shall be returned (pages 1 – 56). The authorized signature on the first page must be an original or electronic signature – no fax or email documents will be accepted. In the event that the Bidder makes an error on entering any information and enters a correction, the change(s) must be initialed. Any Bid submitted with strike over or white out corrections that are not initialed will be rejected as non- responsive.

2. Return your original Bid and one (1) copy. The copy should be a photocopy of your original Bid and there should be no differences in the Bid document or attached enclosures. Any difference or failure to include Bid attachments in both sets may cause your Bid to be rejected. Please mark copy “COPY.”

3. Product specification sheets or certifications must be attached if requested for an item in the

Specifications and Pricing Section and/or if offering alternate items. These sheets are still requested even if they were already provided with your sample documentation.

4. DRUG FREE WORKPLACE: While it is not required, this form will be a determining factor in evaluating an award between two (2) offers equal in price, quality, and service. Refer to Attachment A.

5. DEPARTMENT OF AGRICULTURE, CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY, AND VOLUNTARY EXCLUSION: This form (Attachment B) must be signed and returned with the Bid. Failure to return this form will result in your Bid not being accepted.

6. If not currently doing business with the Escambia County School District (ECSD), three (3) commercial clients or other School Districts similar to ECSD must be submitted. See attached Form Number P-002 – Attachment C.

7. USDA CERTIFICATE OF INDEPENDENT PRICE DETERMINATION: This form (Attachment D) must be signed and returned with your Bid. Failure to return this form will result in your Bid not being accepted.

8. NON-COLLUSION AFFIDAVIT: This form (Attachment E) must be signed and returned with your Bid.

Failure to return this form will result in your Bid not being accepted.

9. ESCAMBIA SCHOOL DISTRICT PUBLIC RECORDS ADDENDUM: This form (Attachment F) must be initialed and returned with your bid. Failure to return this form may result in your Bid not being accepted.

10. Copy of Bidder’s current business license.

11. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST: This form (Attachment G) must be signed and returned with your bid. Failure to return this form may result in your bid not being accepted.

12. E-VERIFY: This form (Attachment H) must be signed and returned with your bid. Failure to return this form may result in your bid not being accepted.

13. RESPONDER’S VALUE-ADDED SERVICE PROPOSAL: This should include, but not limited to, information for customer service regarding turnaround time, ordering errors, marketing materials, and display racks, if applicable.

14. RESPONDER’S RECALL POLICY: A one-page summary of each Responder’s recall policy and procedures with vendor contact information.

15. USDA CIVIL RIGHTS STATEMENT: By submitting a Bid, Vendor agrees to comply with this form (Attachment I). It must be returned with your Bid response. Failure to return this form may result in your Bid not being accepted.

16. PURCHASES/BUY AMERICAN: By submitting a Bid, Vendor agrees to comply with this form (Attachment

J). It must be returned with your response. Failure to return this form may result in your Bid not being accepted.

17. CERTIFICATION REGARDING LOBBYING: By submitting a Bid, Vendor agrees to comply with this form

(Attachment K). It must be returned with your response. Failure to return this form may result in your Bid not being accepted.

18. DISCLOSURE OF LOBBYING ACTIVITES: By submitting a Bid, Vendor agrees to comply with this form

(Attachment L). Failure to return this form may result in your Bid not being accepted.

19. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)

ALTERNATIVE I: By submitting a Bid, Vendor agrees to comply with this form (Attachment M). Failure to return this form may result in your Bid not being accepted.

C. JESSICA LUNSFORD ACT: Vendor will comply with all requirements of Sections 1012.32 and 1012.456, Florida Statutes, by certifying that the vendor and all of its employees who provide services under this contract have completed the background screening required by the referenced statutes and meet the standards established by the statutes. This certification will be provided to the school in advance of the vendor providing any services on campus while students are present. The vendor will bear the cost of acquiring the background screening required by Section 1012.32, F.S., and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to vendor and its employees. The vendor will follow the procedures for obtaining employee background screening as outlined on the Escambia County School District Website: http://ecsd-fl.schoolloop.com. The vendor will provide the District a list of its employees who have completed background screening as required by the referenced statutes and meet the statutory requirements. Vendor will update these lists in the event that any employee listed fails to meet the statutory standards or new employees who have completed the background check and meet standards are added. The parties agree that in the event that vendor fails to perform any of the duties described in this paragraph, this will constitute a material breach of the contract entitling school to terminate immediately with no further responsibility to make payment or perform any other duties under this contract. Vendor agrees to indemnify and hold harmless school, its officers and employees from any liability in the form of physical injury, death, or property damage resulting from vendor’s failure to comply with the requirements of this paragraph or Sections 1012.32 and 1012.465, Florida Statutes.

**For Direct Shipments To The Central Warehouse, Background Screening Requirements Do Not Apply.**

D. DISCONTINUED ITEMS: In the event the producer/supplier replaces the specified products with a new product, the Bidder will notify the Purchasing Agent indicated on page one (1) in writing, and will apprise the District of product replacement options at the Bid price, and/or any cost reduction available for the specified product(s). The District reserves the right to authorize such product replacement and/or cost http://ecsd-f/ reduction on any specified product(s).

E. BID QUANTITIES: Quantities indicated in this Bid are estimates based on prior usage. Actual purchases may vary from item to item and the School District cannot guarantee that items will be purchased exactly as indicated. The District reserves the right to increase or decrease all estimated quantities during the term of this contract or delete any item or items as it deems appropriate without affecting the Bid pricing or the terms and conditions of the Bid.

F. TERM OF AGREEMENT: The initial term of this agreement will be in effect from July 1, 2023 through

June 30, 2024 with two (2), one-year renewal options upon mutual consent of both parties and School Board approval. All pricing, terms, and conditions shall remain in effect for the entire term(s) of this agreement. The District does not pay fuel adjustment charges.

G. EVALUATION CRITERIA: Bids shall be evaluated by a committee to determine which Bidder best meets the needs of the School District. The School District reserves the right to evaluate by lot, by partial lot, or by item. Award(s) will be made using either or both of the following criteria:

1. Line Item by Low Price: Award for each line item will go to the vendor with the lowest price when the low price is for a product on the approved products list or where an alternate product is Bid, was tested and approved by the District upon receipt of sample as detailed in this solicitation. The District reserves the right to reject any Bid with a minimum shipment requirement; therefore, low Bid with minimum shipment requirements will only receive the award if the minimum shipment quantity is accepted by the District. Products approved prior to posting of this Bid are listed in the Specifications and Pricing Section (Section VIII) for each item.

2. Award by Lot and Compatibility: Aggregate low price for all line items in a similar, compatible lot may be awarded to one (1) Bidder. For example: small and large ice makers would be one lot.

H. ALTERNATE PRODUCTS: Any product not listed as approved in this document will be considered as an alternate Bid. Bidders may offer an equivalent product in lieu of the items approved. An alternate product will only be accepted if sample documentation is provided to the District in the time and manner stated within this document. The District shall have sole discretion in accepting or rejecting a vendor’s alternate product.

If approved, the alternate product bid for that item will be added to the approved product list and will be accepted for potential award for this and future solicitations. For larger and/ or more expensive items, vendors may send detailed specifications, including but not limited to, photos or drawings and the full manufacturer’s warranty in place of the sample if a written request for approval is sent to the Purchasing Agent list on Page one (1) of this document.

I. ADDITIONAL TERMS AND CONDITIONS: The School District reserves the right to reject offers containing terms and/or conditions contradictory to those requested in this solicitation.

J. ADDITIONAL FEDERAL REQUIREMENTS: While not provided as separate certifications in this Bid, by signing this Bid, the signatory attests to the applicable certification provisions listed below:

1. Title VI of Civil Rights Act of 1964, as amended, USDA regulations implementing Title IX of the Education

Amendments, Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, 7 C.F.R.

Parts 15, 15a and 15b, and FNS Instruction 113-1, Civil Rights Compliance and Enforcement-Nutrition Programs and Activities, and any additions or amendments.

2. The Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1311–1330, §

1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. §

1.1 et seq.).

3. Certification Regarding Lobbying pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part

3018).

4. Disclosure of Lobbying Activities pursuant to 31 U.S.C. 1352 (Appendix A: 7 C.F.R. Part

3018).

5. Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871).

6. Contract Work Hours and Safety Standards Act (29 C.F.R. Part 5).

7. Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulation (41 C.F.R. Chapter 60).

8. Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 C.F.R. Part 3).

9. Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

10. The vendor is subject to the provisions of Section 2209d of Title 7 of the United States Code due to the use of federal funds for the food service program. All announcements and other materials publicizing this program must include statements as to the amount and proportion of federal funding involved.

11. Rights to Inventions Made Under a Contract or Agreement (37 CFR 401.2(a).

12. Procurement of Recovered Materials (§200.322), EPA (40 CFR Part 247).

13. Breach of Contract {2 C.F.R. Appendix II to Part 200 (b)}.

14. Byrd Anti-Lobbying [2 CFR 200.326 Appendix II (J)].

For Small, Minority/Disabled Service Veteran and Women-owned businesses, this solicitation is also posted with the FL State OSD (Office of Supplier Diversity). We encourage all suppliers to register with the Florida Department of Management Services Office of Supplier Diversity at: https://osd.dms.myflorida.com

K. SPECIFICATIONS: Bids must be submitted in strict accordance with the specifications contained herein;

if vendor is submitting a Bid for an item not conforming to specifications, please indicate this in the pricing section. Complete information and product specifications must be included with the Bid.

L. INCOMPLETE BID INFORMATION: Failure to submit complete information on an item may prevent consideration of your Bid for that item.

IV. PRODUCT IDENTIFICATION, PACKAGING, AND LABELING REQUIREMENTS

A. ALTERNATE PACKAGING: Mindful of the variance in the kind and size of container and number of units in a shipping case commercially available, no vendor is prevented from offering on different kinds and sizes of containers and/or number of units in a shipping case.

1. Any alternate packaging offered must be substantially equivalent and listed as an alternate Bid.

2. Changes in packaging and packing offered by the Bidder must be clearly indicated in their Bid and will be given consideration to the extent deemed consistent with the best interests of the schools.

B. EXTERIOR LABELING: The net product content will be displayed on the exterior of all shipping containers of all products delivered.

https://osd.dms.myflorida.com/

C. LOT IDENTIFICATION: All lots shall bear the correct commercial label that conforms to the brand being bid.

D. BRAND/TRADE NAME: Vendor shall indicate in their Bid the brand or trade name by which the product offered is identified.

E. BRAND/PACKER IDENTIFICATION: In the event of an award, deliveries must be identified by the brand or trade name of the packer as submitted by the vendor in your Bid, unless otherwise specifically approved and authorized.

F. SHIPPING CONTAINERS OVER TWENTY-FIVE (25) UP TO FIFTY (50) POUNDS: The marking of shipping containers packed to more than twenty-five (25) pounds and shall not exceed maximum net weight of fifty (50) pounds as follows:

1. All marking materials must be flat, water-fast, non-smearing (readable on fiber) and provide a definite contrast upon the surface of the container. The markings may be legibly stenciled, mechanically printed and/or applied with the use of mechanically printed label(s) on the container in lettering and numbers not less than .375 inch (3/8 inch or 9.5mm) high. When using labels, they shall be applied to prevent their removal in intact form.

V. ORDER PLACEMENT AND DELIVERY PROCEDURES

A. ORDERING PROCEDURES: No direct ordering of items by individual cafeterias is permitted. All orders for the items in this Bid will be issued to the vendor from the Purchasing Office of the School District of Escambia County. This also applies to any additions, deletions, or other alterations to existing orders.

B. SHIPPING/RECEIVING REQUIREMENTS: Ship-to-location will be listed on each purchase order and the location may be directly to one of the schools or the District’s Warehouse. The District’s Warehouse is located at 51 East Texar Drive, Pensacola, FL 32503. The District’s shipping procedures are listed as follows:

1. ALL MERCHANDISE SHIPPED CAN NOT EXCEED THE MAXIMUM HEIGHT OF 68” FROM

THE BOTTOM OF PALLET TO TOP OF STACK.

2. Products requiring stacking over 68” high for shipping purposes must have an additional slipsheet placed at the 68” level to facilitate down stacking and storage of product being delivered to Warehouse. Products that require shipping at a height over 68” high cannot exceed 84” which is the height of the receiving dock doors. Shipments of product stacked over 84” will not fit into the Warehouse facility.

3. All shipments/deliveries must be received and signed for by the Warehouse Manager or his designee. Delivery appointments must be made at least twenty-four (24) hours in advance by contacting District Warehouse personnel at (850) 469-5321 or (850) 459-5623.

Delivery times for cafeteria equipment is as follows:

Monday-Friday 7:30 am – 2:00 pm Central Standard Time

Delivery must be made directly to the District’s warehouse located at 51 East Texar Drive, Pensacola, Florida 32503 or as designated on the purchase order(s).

4. NOTE: IF THE ABOVE DELIVERY REQUIREMENTS ARE NOT FOLLOWED AT DELIVERY,

SHIPMENTS CAN BE REFUSED AND THE DISTRICT WILL NOT BE LIABLE FOR ANY

ADDITIONALCHARGES, INCLUDING BUT NOT LIMITED TO SHIPPING OR RESTOCKING

FEES.

5. DESTINATION INSPECTION: Final acceptance of all products will be by the consignee at the point of delivery.

6. INSTALLATION: The District reserves the right to only purchase equipment. Installation may be performed by the Maintenance Department or third party as needed. If installation by the Bidder(s) is required, the awarded Bidder(s) shall install all equipment in compliance with the manufacturer’s specifications and warranty requirements.

VI. INVOICES, STATEMENTS AND PAYMENT

Invoices for the purchases of food and all non-food supplies made for the District’s Food Service Program will be paid by the Food Service Accounting Office. In order to facilitate the handling of these invoices, all vendors must adhere to the following instructions since delivery of product to our central warehouse may be made several ways, invoicing should be handled as follows:

A. DELIVERIES MADE BY VENDOR’S OWN CONVEYANCE: When deliveries are made via the bidder's own conveyance, delivery receipts or packing slips should accompany the merchandise to the warehouse. An original and two (2) copies will be provided the Warehouse Manager (or his authorized representative) who will sign all copies if the shipment is complete and in good order. The Warehouse Manager will retain the original and one (1) copy and provide the vendor with a signed third copy. Should there be any discrepancy, damaged goods, incorrect product, shortages, etc., the vendor's driver will contact his company for permission to correct the delivery receipt or packing slip on the spot, and all discrepancies shall be noted on delivery receipt or packing slip.

B. DELIVERIES MADE VIA COMMON CARRIER OR TRUCK: When the deliveries are made via common carrier or truck, delivery receipts or packing slips must accompany or precede the actual delivery of product to the warehouse manager via the U.S. Mail. In case any product is received with in transit damage, our warehouse manager will have an exception made on the common carrier freight bill and/or delivery receipt regarding the extent of damaged product and forward you a copy of said freight bill or delivery receipt so you may file claim, including refusal of delivery on damaged goods. Our Food Service Accounting Dept. will deduct from your invoice, for all shortages, damaged items, etc.

C. INVOICE SUBMISSION: All invoices and copies of delivery receipts and statements are to be are to be mailed to:

School District of Escambia County Food Service Accounting 75 N. Pace Blvd.

Pensacola, FL 32505

D. INVOICE/PACKING LIST NOTATIONS: All invoices, packing lists, and relevant documentation should reference the appropriate purchase order number, model number, serial number, and color.

VII. SCOPE OF WORK:

Equipment Removal: All used equipment shall be placed on the cafeteria loading dock after removal. The awarded Bidder(s) shall notify the Food Services and Maintenance departments that the equipment has been placed outside. (Only District staff shall remove any equipment from the school site)

Equipment Installation (If Needed):

• The awarded Bidder(s) shall deliver and set in place all equipment at the designated District location(s).

• All commercial equipment installation shall be performed in compliance with all applicable federal, state, and local laws, regulations, and codes.

• All electrical, gas, and water supplies valves shall be furnished, installed, and completed by the Vendor.

• All equipment installations shall be in compliance with the manufacturer’s specifications to maintain all applicable warranty status. The Maintenance department will perform a final inspection.

• Any installation issues noted in the final inspection will be corrected by the installing Vendor.

• All existing gas or steam lines shall be capped and leak tested prior to leaving the site.

• A leak test completed form shall be furnished by the District and shall be completed by the Vendor. The form shall be submitted to the District’s Maintenance department after any new gas operated equipment has been installed.

• All work shall be coordinated through the District’s Maintenance HVAC department.

• Service time schedules must be approved by the Food Services Director.

• The finished installation shall be inspected and must be approved by the District’s HVAC department and the Food Services Director.

The awarded Bidder(s) are required to call the Maintenance department at (850) 469-5480 with any questions or concerns.

VIII. SPECIFICATIONS AND PRICING

PLEASE NOTE: Documentation shall be provided if offering a product that is not listed on the approved list. Any deviation from the product or product number listed requires product specifications, references, and warranty information to be submitted for evaluation. Documentation must be received in the Purchasing Office no later than the time and date listed in the Introduction section on page two (2) of this Bid. All existing terms and conditions, except pricing, shall remain in effect for the entire term(s) of this agreement. The unit price must be all inclusive: product, shipping and handling, etc. Please provide a separate price for labor and installation charges.

**Award By Lot And Compatibility**: Aggregate low price for all line items in a similar, compatible lot may be awarded to one (1) Bidder. For example: small and large ice makers would be one (1) lot.

The District is sensitive to the current volatile pricing in the food industry. The pricing indicated on the bid shall be in effect for the full term of the contract with the following conditions:

1. A thirty (30) day written advance notice is required for any price adjustment. Notice shall include the reason for the increase, amount of the increase, items affected, effective date, and documentation to support that an increase has taken effect or is imminent.

2. Orders issued and received by the vendor prior to any announced price increase shall be provided at the original purchase price and not subject to any increases.

3. Any increases will be subject the agreement for review for possible termination, rebidding, and/or re-negotiation.

4. No price adjustment will be considered for ninety (90) days from the effective contract date (October 1, 2023).

5. If an adjustment to pricing is granted, beginning quarterly on dates agreed to between the District and the awarded vendor, the awarded vendor shall provide Shelby Stidham, Purchasing Agent, with written justification to continue the pricing adjustment. If the awarded vendor does not provide the quarterly update, the pricing shall revert back to the original pricing submitted by the awarded vendor.

ITEM:

QTY:

UNIT:

DESCRIPTION: UNIT

PRICE:

INSTALL/

LABOR PRICE:

EXTENDED

TOTAL PRICE:

1. 1 ea. SHELVING UNITS:

Shelving units four (4), 21” wide x 48” long adjustable plastic shelves with removable open grid mats 75-1/2” long posts with foot levelers.

Number of days from issuance of Purchase Order until delivery:

Approved Brands:

Metro MQ2148G W/ Metro MX74P or

Alternate: Brands/Full Specifications, References, and Warranty Information Required

Brand/Number Offered

Comments:

2. 1 ea. MOBILE SHELVING UNITS:

Shelving units four (4), 21” wide x 42” and 48” long adjustable plastic shelves with removable open-grid mats. Four (4) 63-1/2” long posts.

Four (4) 5” diameter urethane swivel casters, two (2) with brakes.

Metro MQ2142G with MX63UP Post with Casters or

INSTALL/

LABOR PRICE:

EXTENDED

TOTAL PRICE:

3. 1 ea. WASHER MACHINE, LAUNDRY:

Washer machine, white, high efficiency, automatic load balancing, impeller, capacity 4.3 cu ft., large items cycle, deep water wash, maximum spin speed (RPM) 660, water levels, auto-sensing, number of rinse cycles 2, number of rinse temperatures 1 bleach dispenser only, width 27.5 in. depth 28 in. height with open 51.25 approximate weight 135 lbs. power cord included, tub material stainless.

MINIMUM ONE YEAR TOTAL PARTS AND LABOR, FIVE YEAR

COMPRESSOR WARRANTY. TWO YEAR REFRIGERANT LEAK

LIMITED WARRANTY FROM DATE OF INSTALLATION.

Installation required for warranty purposes.

Whirlpool WTW4955HW

Kenmore 02620232000 or

4. 1 ea. DRYER, LAUNDRY:

Dryer, clothes laundry white, four temperature selection, wrinkle free cycle, energy efficient cycle, manual, reversible side swing door width 29 " depth with door closed 27.75", approximate weight lbs.109 UL safety listing, 120/240 volts capacity (7 cu feet), adjustable height, number of cycle selection: 14, powder coated drum, vented.

MINIMUM ONE YEAR TOTAL PARTS AND LABOR WARRANTY,

FIVE YEAR COMPRESSOR WARRANTY FROM DATE OF

INSTALLATION.

Whirlpool WED4950HW

Kenmore 02601200 or

INSTALL/

LA…