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1706 Hillside Sod Farm piggyback OCPS ITB 1202027R i. s To: Qillsi ty Cler Mayor RE: od Farm, Inc piggyback contract with OCPS ITB No. 1202027 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ® Mayor's si ❑ Final Plat (original mylars) ecor - g ❑ Letter of Credit end F] Maintenance Bond Safe keeping (Vault) F1 Ordinance Deputy City-Manager' F] Performance Bond ❑ Resolution City Manager Signature ® City Clerk Attest /Signature City Attorney /Signature r Once completed, please: ® Return originals to Purchasing- Department Marisol ❑ Return copies El R 'ng ❑` � �_ ❑ Payment Bond ❑ ❑ Special Instructions: PO for $25,000 does not need city commission approval Ma..v�i 04, Ordo�vt.�z From TADept_forms \City Clerk Transmittal Memo - 2009.doc pn�%,, Contract Agreement Name: Hillside Sod Farm, Inc piggyback contract with OCPS Bid No. ITB 1202027 u asing Man ger Finan e Director rNOW-1 ,� -- 7 Date Lt IA�. Date Date City Of Sanford Piggyback (Orange County Public Schools) Agreement Hillside Sod Farms, Inc. (Capacity and Safety Improvement Evaluations) The City of Sanford ( "City ") enters this "Piggyback" Contract with Hillside Sod Farms, Inc., a Florida corporation, authorized to do business and doing business in the State of Florida, (hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Orange County Public Schools, Florida, said contract being identified as "Bid Number: ITB1202027/Title: Sod Furnish & Install" and which is constituted by a series of procurement documents. The piggybacked contractual provisions are all as described in Exhibit "A" and further referenced below; said original contract with Orange County Public Schools being referred to as the "original government contract ". 2. The original government contract is incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. 3. Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ( "Term ") of this Contract: N /A. That is the term of this contract is commesurate ith the term of the original government contract with work orders being completed as directed in the work orders issued hereunder. (b). Insurance Requirements of this Contract: N /A. That is, the City shall be protected and insured by the Vendor to the same extent. at a minimum, as is Seminole County under the terms and conditions of the original government contract. (c). Any other provisions of the original government contract that will be modified: (1). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., J.D., Public Works Director, City of Sanford, City of Sanford, Post Office Box 1788, 300 North Park Avenue; Sanford, Florida 32771 -1778, telephone number (407- 688 -5080) and whose e-mail address is: BILAL.IFTIKHAR @Sanfordfl.gov. (2). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (3). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (4). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory. (5). Payments shall be made after the tendering of a valid invoice in accordance with the provisions of the Local Government Prompt Payment Act. (d). It is noted that St. Johns Landscaping, Inc. is an authorized subcontractor under this contract. (e). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. SIGNATURE PAGE FOLLOWS Page 2 Attest. Sandra Jones Director Lawrence A. Van Dyke CFO Attest. f+ ea-1 -A Cyn is Porter, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. g. f i Page 3 Hillside Sod Farms, Inc. Edward J. Chaudoin President Date: - -_- = - - - -- City Of San Jeff Trip Date: City Of Sanford Piggyback (Orange County Public Schools) Agreement Hillside Sod Farms, Inc. (Capacity and Safety Improvement Evaluations) The City of Sanford ( "City ") enters this "Piggyback" Contract with Hillside Sod Farms, Inc., a Florida corporation, authorized to do business and doing business in the State of Florida, (hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Orange County Public Schools, Florida, said contract being identified as "Bid Number: ITB1202027/Title: Sod Furnish & Install" and which is constituted by a series of procurement documents. The piggybacked contractual provisions are all as described in Exhibit "A" and further referenced below; said original contract with Orange County Public Schools being referred to as the "original government contract ". 2. The original government contract is incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. 3. Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ( "Term ") of this Contract: N /A. That is the term of this contract is commesurate ith the term of the original government contract with work orders being completed as directed in the work orders issued hereunder. (b). Insurance Requirements of this Contract: N /A. That is, the City shall be protected and insured by the Vendor to the same extent, at a minimum, as is Seminole County under the terms and conditions of the original government contract. (c). Any other provisions of the original government contract that will be modified: (1). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Bilal Iftikhar, P.E., J.D., Public Works Director, City of Sanford, City of Sanford, Post Office Page 1 Box 1788, 300 North Park Avenue; Sanford, Florida 32771 -1778, telephone number (407- 688 -5080) and whose e-mail address is: BILAL.IFTIKHAR @Sanfordfl.gov. (2). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (3). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (4). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory. (5). Payments shall be made after the tendering of a valid invoice in accordance with the provisions of the Local Government Prompt Payment Act. (d). It is noted that St. Johns Landscaping, Inc. is an authorized subcontractor under this contract. (e). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. SIGNATURE PAGE FOLLOWS Page 2 Attest.- Sandra Jones Director Lawrence A. Van Dyke CF[) Attest. --- '7�n " in. � For use and reliance 0fthe Sanford City CO[D0i88iOO OD|V. Approved as to form and legality. Page 3 Hillside Sod Farms, Inc. Edward J. Cf�audoin P[8Gd8Ot City Of Sanford Jeff ORANGE COUNTY PUBLIC COLS PROCUREMENT SERVICES DEPARTMENT 445 W. Amelia Street, Orlando, Florida 32801 Telephone 407.317.3219 Fax 407.317.3414 INVITATION TO BID BID NUMBER: ITBI202027 TITLE: SOD FURNISH & INSTALL Bids will be accepted on or before 2:00 PM EST on February 22, 2012 at the Orange County Public Schools, Educational Leadership Center, Procurement Services, 445 W. Amelia Street, Orlando, Florida, at which time they will be publicly opened. It is the sole responsibility of the bidder to ensure timely delivery of the bid submittal. The bidder is responsible for allowing adequate mailing time in order that their bid is delivered to the Procurement Services Department by the specified due date and time. Offers by telegram, facsimile machine or telephone will not be accepted. Bids may not be withdrawn for (60) sixty days after opening. Request for information cut -off date will be ten (10) business days prior to Bid opening date. Direct all inquiries in writing to A. Valenson E -mail Address: valensa @ocps.net Fax: (407) 317 -3414 By submission of a Bid, vendor understands that award of the Bid by The School Board of Orange County, Florida, and any subsequent purchase orders and agreements shall constitute a binding and enforceable contract. Unless otherwise stipulated in the Bid documents, no other contract documents shall be issued. BIDDER CERTIFICATION AND IDENTIFICATION A. I certify that this Bid is made without prior understanding, agreement, or connection with any corporation or firm; or knowledge of any person submitting a Bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid; and 1 certify that I am authorized to sign this Bid for the Bidder. B. Bidder certifies that it satisfies all necessary legal requirements as an entity to do business with The School Board of Orange County, Florida. BIDDER ACKNOWLEDGEMENT A written original signature in ink Is required. Company Name Hillside Sod Farms, Inc Address 1620 E. SR 46 Telephone No. 407- 349 -5675 Signature of Authorized Representative: City Geneva State FL Zip Code 32732 Fax No. 407- 349 -5259 E -mail Address hillsidesod @cfl.rr.com Name (Typed or Printed) Edward J. Chaudoin Date S ` / 2- All supporting bid documents such as Addenda, tabulation sheets, notices of action and /or notices of award will be posted on the website at www.procure.ocps.net under Current Solicitations. It is the responsibility of the bidder to monitor the website for all information regarding this bid or any upcoming bids /proposals. "The Orange County Public School Board is an equal opportunity agency." IT81202027 M EW Title Sod Furnish & Install Item ORANGE COUNTY PUBLIC SCHOOLS Procurement Services Bid Price Sheet Descrintion Bid # ITB1202027 Estimated UOM Quantitv Unit Price Extended Price 1 Sod, Argentine Bahia, including all delivery charges. There shall be no additional charges for pallet deposits. Sq. Ft 250,000 $0.1000 $25,000.00 2 Sod, Tifton 419 or Celebration Bermuda, including all delivery charges. There shall be no additional charges for pallet deposits. Sq. Ft 150,000 $0.2400 $36,000.00 3 Sod, St. Augustine (Fioratam, Delmar, Palmetto or Seville), including all delivery charges. There shall be no additional charges for pallet deposits. Sq. Ft 150,000 $0.2400 $36,000.00 4 Sod Installation Fee only (minimum job 800 square feet) Sq. Ft 400,000 $0.0600 $24,000.00 5 ISod Rolling Fee only (minimum job 2,000 square feet) I Sq. Ft 1 400,000 1 $0.02001 $8,000.00 Total Bid Price $129,000.00 Optional pricing for other services that will not be used to determine award In the event an error in calculations is found, the unit price bid will be used to determine the correct extended price. OCPS Payment Term is Net 45 days as per §218.73. Payment Discount & Term 2 % if paid in 30 days Can you meet 30 day delivery After Receipt of Order ? Y or N y if No, number of days needed Vendor Acknowledgment and Approval I certify that this bid Is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and in all respects fair and without collusion or fraud. The following information, including an authorized representative signature and witness, is required to be submitted with your proposal in order to be considered for evaluation and award. The person signing below acknowledges and agrees with all proposed information as submitted and has the authorization of the said company to enter into a contractual agreement with the School Board of Orange County for the purposes as proposed and as described herein. Please print below unless where a signature is required. Firm Name Hillside Sod Farms, Inc Phone No. 407 -349 -5678 Authorized Representative's Signature Dated -- :z/ `12, Authorized Representative Name /Title _Edward J. Chaudoin, President /Owner Witness Signature C ––J, — Date Witness Name/Title William T. Jacobs, 0 e Manager FAILURE TO SUBMIT AT THE BID OPENING, THE SIGNED BID PRICE SHEET SHALL RESULT IN REJECTION OF YOUR BID SUBMITTAL. 16. AFFIDAVIT "The undersigned swears that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations of Hillside Sod Farms, Inc. (name of firm) as well as the ownership thereof. Further, the undersigned agrees to provide, through the prime contractor or, if no prime, directly to the Orange County School Board, current, complete, and accurate information regarding actual work performed on the project, the payment therefore, and any proposed changes, if any, of the foregoing arrangements and to permit the audit and examination of books, records and files of the named firm. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal and State laws concerning false statements! NOTE: If, after filing this form and before the work of this firm is completed on the contract covered by this regulation, there is any significant change in the information submitted, you must inform the Orange County School Board of the change through the prime contractor or, if no prime contractor, inform the Orange County School Board directly: Edward J. Chaudoin President /owner Signature Name & Title (print or typed) Date Corporate Seal (where appropriate) Date cL - 20 - i State of Florida County of Seminole On this �e day of 2QI� before me appeared (name) sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of firm) , to execute the affidavit and did so as his or her free act and deed. (Seal):�)tY� -.��. Notary Public: Sandra Jones Commission Expires: i SANDRA JONES mission # DD 997191 ,. G.A. o epires duty 5, 2014 S` 8onded71w7mYF�nMSivancrs837018 � ITB1202027 19 Initials ORANGE COUNTY PUBLIC SCHOOLS E OFFICE • BUSINESS OPPORTUNITY MWBEILDB SUBCONTRACTOR Tier Participation OCPS has established annual participation levels for the procurement of goods and non-professional services with Minority-Owned & Women-Owned Business Enterprises (MWBEs) and Local Developing Businesses (LDBs). For the purpose of calculating the MWBE and LDB participation percentages, only those dollars awarded to certified MWBE and LDB vendors will be utilized. Monies contracted or subcontracted to MWBE and LDB vendors are included in the calculation. As a result, respondents are asked to include certified MWBE and/or LDB subcontractor participation information below. If proposer has questions regarding a vendor's certification, he/she may contact the OCPS Office of Business Opportunity (407) 317-3739. Please complete the information below showing respondent's commitment to subcontract at least twelve percent (12%) of its business related to this solicitation to one or more MWBE /LDB respondents. 1. MWBE Subcontractor Name: ST. JOHN'S LANDSCAPING, INC Please indicate MWBE Subcontractor(s)' certifying agency STATE OF FLORIDA Describe in detail what portion of the contract the MWBE subcontractor will be performing: SOD INSTALLATION What dollar amount of this contract will be assigned to this MWBE subcontractor? $ 24, 000 What percentage of the total price quoted is the amount to be subcontracted. 19 PER CENT 2. MWBE Subcontractor Name: Please indicate MWBE Subcontractor(s)' certifying agency Describe in detail what portion of the contract the MWBE subcontractor will be performing: What dollar amount of this contract will be assigned to this MWBE subcontractor. $ What percentage of the total price quoted is the amount to be subcontracted. 1. LDB Subcontractor Name: Describe in detail what portion of the contract the LDB subcontractor will be performing: What dollar amount of this contract will be assigned to this LDB subcontractor: $ What percentage of the total price quoted is the amount to be subcontracted. 2. LDB Subcontractor Name: Describe in detail what portion of the contract the LDS subcontractor will be performing: What dollar amount of this contract will be assigned to this LDB subcontractor: What percentage of the total price quoted is the amount to be subcontracted. If respondent has more than two MWBE or LDB vendors, the respondent should include information for additional MWBE and/or LDB vendors on an additional sheet of paper. Respondent agrees to supply subcontractor payment information to Orange County Public Schools. The due date and report format will be established upon award of the contract. HILLSIDE SOD FARMS, INC. Authorized Signature Company Name ITB1202027 20 Z Xv OFFICE OF BUSINESS OPPORTUNITY MWBE/LDB PARTICIPATION OCPS has established annual participation levels for the procurement of goods and non-professional services with Minority- Owned & Women-Owned Business Enterprises (MWBE), and Local Developing Businesses (LDB). For calculating purposes, the participation-level percentages, only those dollars awarded to certified MWBE and LDB vendors will be utilized. A. Each MWBE firm shall submit a copy of a valid MWBE certification from the City of Orlando, Orange County Government, State of Florida or the National/Florida Minority Supplier Development Council. Each LDB firm shall submit a valid LDB letter of certification issued by the Greater Orlando Aviation Authority or a copy of their OCPS LDB Certificate. MWBE and LDB firms shall submit valid proof of certification with the bid. A firm must be certified by the bid award date. A bidder may be considered non-responsive and may be rejected, at the sole discretion of OCPS, if the bidder fails to provide the required data. B. OCPS shall be the final authority in determining whether a bidder qualifies as an MWBE or LDB firm for purposes of this bid. C. For clarification regarding the district's MWBE or LDB program, please contact The Business Opportunity Office (407) 317- 3739. MWBE and LDB guidelines may also be accessed at: hfp: / /www.obo.ocps.net Minority and Women-Owned Business Enterprise (MWBE) and Local Developing Business (LDB) Requirements: A. Are you a certified MWBE vendor? ❑ Yes El No If yes, please attach a copy of the certification to your bid and check the agency you are certified with: ❑ City of Orlando ❑ Greater Orlando Aviation Authority ❑ State of Florida ❑ National Minority Supplier Development Council Q Orange County LDB Eligibility Requirements (please note for complete requirements refer to LDB Guidelines). OCPS certifies LDBs and accepts LDB certification from Greater Orlando Aviation Authority. A. Are you a certified LDB vendor? ❑ Yes 171 No B. If yes, please check the agency you are certified with and attach a copy of the certification to your bid: C. ❑ Orange County Public Schools ❑ Greater Orlando Aviation Authority You may access LDB guidelines and requirements Via the Office of Business Opportunity website: hftt3:/Iwww.obo.ocps.net If your firm would like to be considered an LDB vendor, complete the LDB eligibility form below and submit with your bid. Please sign below to acknowledge that you have read and understand the information regarding the district's MWBE and LDB programs. 1-12 :,A I ITBI202027 21 Initials. TO: S TATEMENT OF AFFIRMATION AND INTENT ORANGE COUNTY PUBLIC SCHOOLS, PROCUREMENT SERVICES PROJECT: SOD SERVICES DATE: The undersigned, hereinafter called the respondent, as evidence of the sworn affidavit declares that the only persons, or parties interested in their proposal are those named herein, that this proposal is, in all respects, fair and without fraud that it is made without collusion with any other vendor or official of the Orange County School Board. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. The respondent certifies that no Board Member, Director or School Board Employee directly or indirectly owns assets or capital stock of the bidding entity, nor will they directly or indirectly benefit by the profits or emoluments of this proposal. The respondent certifies that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the District. In the event that a conflict of interest is identified in the provision of services, the respondent agrees to notify OCPS immediately in writing. The respondent further declares that he /she has carefully examined the scope of services, instructions, terms and conditions of this Request for Proposal and that respondent's proposal is made according to the provisions of the solicitation and that he /she will meet or exceed the scope of services, requirements and standards contained in the Invitation to Bid. The respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with OCPS, respondent offers and agrees that if this negotiation is accepted, the respondent will convey, sell, assign, or transfer to OCPS all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti -trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by OCPS. At the District's discretion, such assignment shall be made and become effective at the time the District tenders final payment to the respondent. The proposal constitutes a respondent and binding offer by the respondent to perform the services as stated. Hillside Sod Farms, Inc Corporate Name of Respondent (Typed) 1620 E. SR 46 Geneva, FL 32732 Address, City, Zip of rthorized Representative NOTARY PUBLIC State Of. Florida Date County Of Seminole +� Sworn to and subscribed before me this c � day of � i. 20� c by (name) C iz3t7� �,� C 461 r' who did execute the foregoing affidavit and state that he /she was properly authorized by (name of firm) Hillside Sod Farms, Inc. �* 'e �ANEAAJONES k* Commission # DD 997191 =Expires July 5, 2014 Personally '""iz "t" esoo -, rms n to execute this affidavit and did so as his /her free act and deed. Notary Public Signature: "6,_ �— j 1, ice, cc, V, ti Commission Expires:1 `f Type of Identification Produced ITB1202027 22 Initials: ACKNOWLEDGEMENT OF BUSINESS TYPE This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the bid on the specked due date and time. The undersigned Bidder certifies that this proposal package is submitted in accordance with the scope of services in its entirety and with full understanding of the conditions governing this proposal. . The Bidder further declares that he /she has carefully examined the scope of services, instructions, terms and conditions of this Invitation to Bid and that Bidder's proposal is made according to the provisions of the bid and that he /she will meet or exceed the scope of services, requirements, and standards contained in the Invitation to Bid. BUSINESS ADDRESS OF BIDDER: Address 1620 E. SR 46 City, State, Zip Code Geneva, FL 32732 Telephone No. 407- 349 -5678 SIGNATURE OF BIDDER If an Individual: —4 doing business as _ If a Partnership: by: Hillside Sod Farms, Inc Fax No. 407- 349 -5259 Partner Signature If a Corporation: Hillside Sod Farms, Inc (a Florida Corporate Name Corporation) In what State is the Corporation Incorporated? Florida If not incorporated under the laws of Florida, are you licensed to do business in Florida? Yes No by: Signature Title: President /Owner Attest: Sandra Jones (SEAL) Corporate Secretary NOTARY PUBLIC STATE OF: Florida COUNTY OF: Seminole The foregoing instrument was acknowledged before me this day of _ 20)a by " N SANDRA JONESl�tt��iltxcra -� Jo ': Commission # DD 997191 Notary Public Signature: • Explr4Wy5, 2014 r r� s TrmTmyFai,mwn =swaesao,a Commission Expires: Personally Known X or Produced Identification Type of Identification Produced ITBI202027 23 Initialm- ? DRUG -FREE WORKPLACE CERTIFICATION FORM IDENTICAL TiE Bins - in accordance with Florida State Statutes Section 287.087, preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids, which are equal with respect to price, quality and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors has a drug -free workplace program. in order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this respondent complies fully with the above requirements. C Authorized presentative's Signature Hillside Sod Farms, Inc Company Name ITBI202027 24 Initials CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989 Federal Register (pages 4722 - 4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. Before Completing Certification, Read Instructions below 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 4. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. Hillside Sod Farms, Inc. ITB7202027 Sod Furnish & Install Organization Name Edward J. Chaudoin President /owner Name(s) and Title(s) of Authorized Representatives 2. 4. S. PR /Award Number or Project Name Signature Date Instructions for Certification By signing and submitting this form, the prospective primary participant is providing the certification set out above in accordance with these instructions. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "Ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. B. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but Is not required to, check the Non - procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. ITBI202027 25 initials m����l����� �/�l�l��� PUBLIC SCHOOLS .�������n�'� COUNTY � �������� 4«oxu Amelia Street, Orlando, Florida 32801 Telephone «ur.31r.3n w Fax 407.317.3414 CONTRACT AGREEMENT FOR SOD FURNISH & INSTALL THIS AGREEMENT, made this day of March 2012, by and between the Orange County Public Schools, a Charter School District, existing under the laws of the State of Florida, hereinafter referred to as OCPS and Hillside Sod Farms, Inc hereinafter referred to as the "CONTRACTOR", for the mutual consideration of the covenants herein contained agree as follows: TERMS AND CONDITIONS i Term: The period of this Agreement shall be for two years, beginning K0mnch 2012 and ending on March -, 2014. This Agreement by mutual assent of the parties may be extended for two additional one (1) year periods or any portion thereof, up to a cumulative total of four years. U. The unit prices end percentage discounts period of this Agreement. All terms and conditions, addenda, correspondence and specifications of subject bid shall be incorporated and become an integral part of this Agreement, Ui The CONTRACTOR shall maintain adequate stock and have sufficient quantities ofaupp|kas/oquipment to meet the estimated requirements of Orange County Public Schools onan "as needed' basis. IV. Favored Nation Clause: Based on similar size and quantity, it is understood that the supplier is providing OCPS the same or better pricing of other Districts and governmental agencies. If during the term of this Contract, OCPS locates bott*rphoingfortheaamoitem.uupp|iurogneeatooMerthaDiotdctthereducedpdce. V. This Agreement may be cancelled by OCPS with 30 days written notice to the CONTRACTOR. VI. Jessica Lunsford Act: CONTRACTOR and any of his employees performing services hereunder shall comply with the Jessica Lunefond Ant screening requirements effective September 1. 2005. "Non-instructional achool district employees or contractual personnel who are permitted access onschool grounds when students are present, who have direct contact with students or who have oouauo to or control of school funds must meet level 2 screening requirements as described in m.1012.32. Contractual personnel shall include any vandor, individual or entity under contract with the school boand.^ V||. Indemnification: The Contractor shall indemnify hold hsnn|aos OOPG, its officss, agenta, and employees honn|eoo from and against all o|oimo, mudo, actions, damages and/or cause of action which may odae from any negligent act or omission of the Contractor, its ogonbn, msmonba, or employees as a result of the performance of services under this Contract, and from and against oUcosto.abomneyofeeo.axponsamand|iabi|itieoinournadinorby reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in the Contract shall be deemed bz affect the rights, privileges and immunities ofOOP8ao set forth in Florida 8totutoo7G8.28. V||i Insurance and Licenses: The Contractor shall provide and maintain at all times during the term of this agreement and any renavm*/a' without cost to the School Boord, policies ofinsurance insuring the Contractor against any and all cloims, demands or causes of action whatsoever, for Injuries received or damage to property na|sding to the performance ofduties, services, andlor obligations of the bidder under the terms and provisions of this agreement. Changes bo the limits, type and amount of insurance shall be approved by<]nsngeCount Public Schools. o. General Liability Insurance in emuvndm of not less than Two Million Dollars ($2`000.000) for injury to any one person and Two Million Dollars ($2.00O.UOO) for property damage. b. Public Liability Insurance - Not less than one million dollars (*1.8OU.U00.U0 for bodily injuries, including wrongful death to any one person, and subject bu the same limit for each peson, in an amount not |onm than one million dollars ($1.00O.00O.OU)on account of all accidents. c. Property Damogm|neuranoe-Nct|eosthononemU|iondo||am($1'8OOOO for damages account of any one accident and in on amount not |eoo than one million dollars ($1.000.000.00 for damages on account of all accidents. Automobile damage shall be not less than one million dollars ($i.D0D'000. d. Automobile Liability - Automobile Liability Insurance shall bm maintained during the life ofthis Contract, byVendor osboownership, maintenance, and uun' including loading and unloading, of all owned, non-owned, leased or hired vehicles with limits of not less than one million dollars ($1,000,000.00) combined single limit each accident for bodily injury damage liability. e. Worker's Compensation Insurance: The Contractor shall maintain duhng the life of this Contract, VVnrkmro Compensation Insurance in accordance with Florida Statute 440. Contractors shall require all subcontractors to maintain such insurance during the life of this Contract. f. The CONTRACTOR mhoU provide the Procurement Services Department e copy of all applicable current business licenses and permits. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature, Orange County Public Schools and CONTRACTOR, duly authorized to execute same. CONTRACTOR WITNESS Co tractor): r Contractor: HILLSIDE SOD FARMS, INC Signature Firm Name WILLIAM T. JACOBS EDWARD J. CHAUDOIN Name (Type or Print) Name & Title (Type or Print) Signature Date STATE OF: FLORIDA COUNTY OF: SEMINOLE The foregoing instrument was acknowledged before me this ali5�- day of 2010- by EDWARD J. CHAUDOIN (name above). Personall Kn X fication Type of Identification Produced SANDRA JONES Commission # DD 997191 Notary Public Signature: (Seal) 'A. _iq Expires July 5, 2014 Commission Expires:_ ORANGE COUNTY PUBLIC SCHOOLS ATTEST: L--A For Orange County Public Schools: By Michael A. Eugene, Chief Operations Officer Date Reviewed by James Surguine, Director ITB1202027 27 Initials�� 141TAC7ISi1111111111111111111)1111121111111IIJ,I A�,."C_°. -'�'`° CERTIFICATE OF LIABILITY INSURANCE D0 211 1 12 01YY} 02(11(2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Peoples First Insurance Services, LLC 1002 W. 23rd. St., SU 134 CONTACT NAME: Joseph A. Detrick, li PHONE ,850- 770 -7047 No: 850- 770 -7126 - E MAIL .'od . detrick finsurance som Panama City, 11 Joseph A. Detrick, fl Detrick AFFORDING COVERAGE NAIC 9 INSURER A .-Auto Owners Insurance 18988 PREMISES Ea occurrence INSURED Guardian Equipment Inc. MarkCiibum 330 Hickman Drive INSURER 8: $ 10,00 INSURER C: $ 1,000,00 HNOA Sanford, FL 32771 INSURER D: _X GEN L AGGREGATE LIMIT APPLIES PER: PRO- LOC INSURER E: 5 2,000,00 INSURER AUTOMOBILE _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADD L SUER POLICY-NUMBER POLICY£FF M POLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I I OCCUR 78696326 0912212014 09/22/2015 EACH OCCURRENCE 5 1,000,00 PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 HNOA GENERAL AGGREGATE $ 2,000,00 _X GEN L AGGREGATE LIMIT APPLIES PER: PRO- LOC PRODUCTS - COMP/OP AGG 5 2,000,00 $ AUTOMOBILE _ LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NO AUTOS COMBINED SINGLE LIMIT accident) S BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PER A�CCIDE AGE 5 5 _ A X UMBRELLA LIAB EXCESSLiA8 X OCCUR CLAIMS -MADE 68263400 09/22/2014 09/22/2016 EACH OCCURRENCE 5 2,000,00 AGGREGATE -- S - -- -- 2,000,00 DED I X I RETENTION S 10000 5 WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? F (Mandatory In NH) H yes, describe under DESCRIPTION OF OPERATIONS below NIA WCSTATIb OTH TORY LIMITS ERA E.L. EACH ACCIDENT _ 5 E.L. DISEASE -EA EmPLoYEd - s EL DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Sanford is considered additional insured in regards to general liability coverage under blanket additional insured. CiTYOFS City of Sanford 300 N Park Ave Sanford, FL 32771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD J AC RA''® VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE DATE (MM/DDIYYYY) 0 211 212 01 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. This form is used to report coverages provided to a single specific vehicle or equipment. Do not use this form to report liability coverage provided to multiple vehicles under a single policy. Use ACORD 25 for that purpose. PRODUCER StdteFam DON MCMANUS INS AGENCY 12530 LAKE UNDERHILL ROAD ORLANDO,FL 32828 CONTACT NAME: KRISTEN COBIELLA acNNO Ehd : 407 - 281 -0034 FAX AK No: 407-658-4508 ADDRESS: KRISTEN .COBIELLA.NF3G @STATEFARM.COM PRODUCER CUSTOMER 1D #: INSURERS AFFORDING COVERAGE NAIC # INSURED GUARDIAN EQUIPMENT INC 330 HICKMAN DR. SANFORD,FL 32771 -6901 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURERS: DATE (MWDD/YYYY) INSURERC: LIMITS INSURER D: INSURER E: nFSCRIPTInN OF VFFHCt_F AR FOt11PMFNT YEAR 1999 MAKE 1 MANUFACTURER FORD MODEL F350 BODY TYPE PICKUP VEHICLE IDENTIFICATION NUMBER 1FTSX30F6XEC11288 DESCRIPTION fisted herein bv Policy number(s). SERIAL NUMBER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICY(IES) OF INSURANCE LISTED BELOW HAS/HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD(S) INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY(IES) DESCRIBED HEREIN IS /ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY(IES). INSR ADEm fisted herein bv Policy number(s). POLICY EFFECTIVE POLICY EXPIRATION NAME AND ADDRESS OF ADDITIONAL INTEREST LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MWDD/YYYY) DATE (MMIDDNYYY) LIMITS AUTHORIZED REPRESENTATIVE XT-VEHICLE LIABILITY COMBINED SINGLE LIMIT $ A Y C96 9922 - 602 -59 02!02/2015 08/02/2015 BODILY INJURY (Per person) $ 1,000,000_ BODILY INJURY (Per accident) $ 1 000 000 PROPERTY DAMAGE $ 1,000,000 GENERAL LIABILITY EACH OCCURENCE $ OCCURRENCE GENERAL AGGREGATE Is CLAIMS MADE - _ —_ - -- s INSR LOSS POLICY EFFECTIVE POLICY EXPIRATION LTR AY TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDNYYY) DATE (MM/DD/YYYY) LIMITS I DEDUCTIBLE X VEH COLLISION LOSS ❑ ACV ❑ AGREED AMT $ LIMIT ❑ ❑ STATED AMT $ 500 DED VEH COMP VEH OTC ❑ ACV p AGREED AMT $ LIMIT ❑ ❑ STATED AMT $ 500 DIED PROPERTY BASIC BROAD SPECIAL ❑ ACV ❑ AGREED AMT ❑ RC ❑ STATED AMT El $ LIMIT $ OED REMARKS (INCLUDING SPECIAL CONDITIONS I OTHER COVERAGES) (Attach ACORD 101, Additional Remarks Schedule, N more apace Is required) ADDITIONAL INTEREST CANCELLATION Select one of the following: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED The additional interest described below has been added to the policy(iies) listed herein by policy number(s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE A request has been submitted to add the additional interest described below to the policy(ies) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. fisted herein bv Policy number(s). VEHICLE I EQUIPMENT INTEREST: LEASED FINANCED DESCRIPTION OF THE ADDITIONAL INTEREST X ADDITIONAL INSURED LOSS PAYEE NAME AND ADDRESS OF ADDITIONAL INTEREST LENDER'S LOSS PAYEE CITY OF SANFORD LOAN 1 LEASE NUMBER 300 N. PARK AVE. SANFORD,FL 32771 AUTHORIZED REPRESENTATIVE @ 1997 -2010 ACORD CORPORATION. All rights reserved. ACORD 23 (2010/05) The ACORD name and logo are registered marks of ACORD 1004361 142987.2 01 -28 -2013