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2131 Cypress Supply PBA 18/19-61
�Foab,. q5 kr • i �flFINANCE DEPARTMENT G The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies 1-1 Special Instructions: L i,vw(yey 13o ja.d�y'e�v From SharePoint_Finance Purchasing_Forms-2018.doc Date i Cypress Supply Inc. Piggyback Contract # 2 (PBA 18/19-61) (Custodial Supplies) The City of Sanford ("City") enters this "Piggyback" Contract with Cypress Supply Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal and mailing address is 668 Florida Central Parkway; Longwood, Florida 32750, 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 Brevard County, Florida Public Schools (School Board), said contract being identified as "ITB # 18 -B -078 -SH - Custodial Supplies Discount Catalog Bid", as may have been amended, in order for the Vendor to provide custodial supplies relating to the City's various projects (said original contract being referred to as the "original government contract") (2). The original government contract documents are 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; provided, however, that the City will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. (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: (state NIA if this is not applicable). N/A. Notwithstanding any provisions, however, this Contract shall not be operative for a period of time exceeding 5 years. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. (c). Any other provisions of the original government contract that will be modified: (state NIA if this is not applicable). N/A. (d). 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: Ms. Marisol Ordonez Purchasing Manager Finance -Purchasing Division City of Sanford Post Office Box 1788 Sanford, Florida 32772 Phone: 407.688.5028 E-mail address: Marisol.Ordonez@Sanfordfl.gov (e). 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. 2 (f). 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. (g). 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 agency. (h). (I). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, TRACI.HOUCHIN c@SANFORDFL.GOV. (II). In order to comply with Section 119.0701, Florida Statutes, public records laws, the Vendor must: (A). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 3 (B). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. t (C). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (111). If the Vendor does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (IV). Failure by the Vendor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Vendor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. (i). 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. Entered this -�day of 0 Lj- L-J�c,c— .2019. 9 r�l Attest: Cypress Supply Inc., a Florida corporation. By: Jon S reich J a m JsS tr:&e i c h Vice Ptsident/Secretary Direc r/President Date: ) 0 1 ') 1 19 Attest: A Traci Houchin, City Clerk, CMC, FCRM Approved as to form and -A -A Y. City Of Sanford Exhibit "A" [Attach original government contract] ����� �mr�� SCHOOL BOARD OF BREVARD COUNTY, FLORIDA BOARD AGENDA ITEM — September 11, 2018 APPROVED PURCHASING SOLICITATION ITB #�-078-SH Custodial Supplies Discount Catalog Bid ZX AT8\ Invitation To Bid [] (ITN) Invitation To Negotiate Aq3\ Piggyback [] (RFP) Request For Proposal [l (RFQ) Request For Qualifications (SC) State Contract El (SS) Sole Source REQUESTQR: Environmental Health &Safety Legal Review: [] Yes C9 No CONTRACTOR NAME AMOUNT AWARDED REQUIRED PRODUCTS/SERVICES Cypress Supply, Inc. * Revised Individual item award detail Interline Brands, Inc. dba Supplyworks Various shown on attached bid tabulation Janitorial Depot of America, Inc. Variance sheet Southern Janitor Supply & Service Inc. Total Various F� Contract Renewal New Contract Amount Various * Recurring Contract Previous Contract Amount Various * Revised Award Variance N/A PRICE INCREASE / DECREASE EXPLANATION: N/A DISCUSSION: Attached is the revised tabulation sheet for the above-mentioned solicitation. Cypress Supply has requested to be removed from the award ofItems O @ 7 due to o pricing error. All other awarded items will not change eopreviously approved onJuly 20.2O18. CONTRACT TERM: The initial contract term commenced on July 26.2018and will continue until July 26.2021with o one (1) two (2) year renewal option. It is the recommendation of Dane Theodore, Assistant Superintendent of Facilities Services, and Jim Powers, Manager of Environmental Health & Safety to approve the award of ITB # 18 -B -078 - SH as detailed above and on the attached bid tabulation sheet. Request authority for the Office of Purchasing & Warehouse Services to renew the bid for one (1) additional two (2) year period. 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Blackburn Ph.D., Superintendent May 3, 2018 ITB # 18 -B -078 -SH Custodial Supplies Discount Catalog Bid Addendum #2 The original ITB documents shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. The ITB Submittal deadline as adjusted in `Addendum #1' shall remain the same date and time of May 10, 2018 by 2:00 PM EDT. This addendum is being issued to clarify specifications. Section 1.17 will be added and reads as follows: STANDARDIZATION OF ITEMS Some items have been standardized by the School Board of Brevard County's Plant Operations and Maintenance Department; these items are indicated on the price sheet as "ONLY" along with the Manufacturer's name and part number, allowing no alternate submittals. Where there is no Manufacturer, model or part number indicated, just the description, please supply us with the Manufacturer name, model and part number you are bidding along with descriptive literature if required. Section 1.18 will be added and reads as follows: SAMPLES Bidders shall supply samples if requested of products listed on Attachment A — Price List for evaluation by the school district. Results of any and all testing can be made available upon written request. Samples determined to not meet or exceed minimum specifications will cause just the item being examined to be disqualified. A particular item being disqualified does not affect the consideration of other items being submitted. All samples provided to the School District shall be considered donations and will not be returned. Samples shall be delivered to 2700 Judge Fran Jamieson Way, Viera, FL 32940 with attention to: Sean Hynes, Purchasing Department. This addendum is being issued to upload a revised `Attachment A — Price List REVISED'. Below is a list of the adjustments made to the Price List. Brand Name and Model Number columns have been added to more easily identify the products being proposed. Sample Required column has been added to more easily identify which products require a sample submittal. Item # 10 is adjusted to read: TOILET TISSUE DISPENSER, VonDrehle Universal 9" Twin Jumbo Dispenser - Black, Model Number 3253, or equal SAMPLE REQUIRED if bidding an equal. Item # 11 is adjusted to read: TOILET TISSUE, For VonDrehle Universal Dispenser, 2 Ply Tissue, 100% Recycled, 3.55" x 1000' Per Roll, 12 Rolls Per Case, Model Number 1209 or equal SAMPLES REQUIRED if bidding an equal. Item # 12 has been stricken and does not require a bid or samples. Item # 13 has been adjusted to read: HAND DISPENSER, Georgia Pacific Universal Push -Paddle Towel Dispenser - Black, Model Number 54338, or equal SAMPLES REQUIRED if bidding an equal Item # 14 has been adjusted to read: HAND TOWEL, For universal dispensers, White 1 Ply, Hardroll Towel, 100% Recycled, 7.9" x 800', 6 Rolls Per Case, Bay West Model Number 459 or equal SAMPLES REQUIRED if bidding an equal Item # 15 has been adjusted to read: HAND TOWEL, For universal dispensers, Natural Brown 1 Ply, Hardroll Towel, 100% Recycled, 7.9" x 800', 6 Rolls Per Case, Bay West Model Number 458 or equal SAMPLES REQUIRED if bidding an equal Item # 16 has been stricken and does not require a bid or samples. Item # 17 has been stricken and does not require a bid or samples. If you should have any questions regarding this addendum, please do not hesitate to contact me, the purchasing agent responsible for this solicitation at hynes.sean(a)-Brevardschools.org or by phone at 321-633-1000 ext. 646. Sincerely, Sean Hynes, Buyer II Purchasing and Warehouse Services Acknowledgment of Addendum #2 by Vendor: This addendum shall be completed by the Vendor and returned with the submittal. If submittal has already been submitted, this addendum must be submitted to the above address in a sealed envelope, which is marked on the outside: Addendum #2 ITB # 18 -B -078 -SH. This is to acknowledge receipt of this addendum, which will become part of the RFP document. NAME (TYPED OR PRINTED) TITLE SIGNATURE DATE VENDOR NAME PHONE NUMBER k \ § f f'}$ 9 | } \ \ / i o \ } k { ) { ® ! k \ ! ! • 2 - _ \ \ a ; \ ; ) ;; k \ ; z ! \ ■ \ ■ } m s Z z z z z Z g Z z g g g Z Z Z z z z �w �s �L � N Aga` m as - N y $ t V O E a z F � i$ t� r, r g a g z° a E x S & x C � m O m N r m $ o p a a rc g a c .i • c n n - s N E m g x N F u m E n g E Z $Tli w Q Q m m Z ii z R A I $ S School Board of Brevard County Office of Purchasing & Warehouse Services Brevard 2700 Judge Fran Jamieson Way Public Viera, FL 32940-6601 SC11ools Desmond K. Blackburn Ph.D., Superintendent April 26, 2018 ITB # 18 -B -078 -SH Custodial Supplies Discount Catalog Bid Addendum # 1 The original ITB documents shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. The original ITB Submittal deadline has changed to May 10, 2018 by 2:00 PM EDT. This addendum is being issued to answer questions received. Q1: Can you please provide the previous award tabulation? Al: The tabulation sheet for solicitation 15 -13 -051 -LU is attached. For any additional information regarding this bid please complete a public records request as detailed at this link: http://www.edline.net/i)ages/Brevard Countv Schools/Departments/Departments K- Z/District Communications/Public Records Transcripts Q2: Can estimated purchase quantities be provided for each item? Al: Due to the structure of our accounting software we are unable to provide numbers for any specific item. Q3: Are the liners currently being purchased; flat packed or rolled? A3: Sites have received both ways of packaging. Q4: Based on previous ordering history, can you tell us about how many delivery locations participate in this bid for the liners? A4: Due to the structure of our accounting software we are unable to provide these numbers, though all 112 physical sites (87 schools and 45 departments) will have access to purchase using this bid. Q5: How often are orders for liners placed and what is an approximate case order for the liners? A5: Orders placed are done by each individual location so case quantity and frequency varies greatly. Q6: Who has the bid now for the discount catalog portion of the bid and how were the catalogs distributed? A6: The previous tabulation sheet is attached showing previous awardees. Catalogs are to be distributed per Section 1.04 of the solicitation by a means which best suites the awardees. Q7: Do we need to bid on both Section A and B? A7: Yes, please complete both Sections. Q8: If yes, may we provide a price list with products and pricing? A8: Please complete the excel sheet with appropriate pricing and submit a catalog with your discounted prices included. Q9: Would you consider piggy backing off an existing government awarded bid? Q9: Brevard Schools will piggyback other bids when we feel it is in the best interest of The District. We do issue our own solicitations in order to promote small and local businesses the opportunity to submit a bid. Q10:May we bid less expensive/equal quality alternatives for 3M, Rubbermaid and Scotchbrite? A10: Each item with a brand name listed has'ONLY' which means only the specified brand name can be bid or'OR EQUAL' which means an equivalent product may be bid. Q11:Line items #12, 16 and 17 are specifying `proprietary dispensers'; are these something that is already in place? If yes, what is the brand? If no, are you asking for a specific brand? A11: The response to this question is being evaluated and will be addressed in a forthcoming addendum. This addendum is being issued to upload attachment `ITB # 15 -B -051 -LU: Bid Tabulation Sheet". If you should have any questions regarding this addendum, please do not hesitate to contact me, the purchasing agent responsible for this solicitation at hynes.sean(a)Brevardschools.org or by phone at 321-633-1000 ext. 646. 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Y c d O yE" .if � II U m pl E O O N E v € = E __ _ a m j C 0 � d ` N b p v x w o g N_ q J w N S _ m m o QtZ H vvm O G 3 gg x d Fv ar W t a m o a.o o d m m K f- 2 v iii m N v 3 - L Z W O V c m w w w 2 a ul z 0 m E c m 5 5 F N -29 pm� m OO V Q O Q pp V Q V 1 N N THE SCHOOL BOARD OF BREVARD COUNTY., FLORIDA PURCHASING AND WAREHOUSE SERVICES DEPARTMENT 2700 Judge Fran Jamieson Waw Viera, FL 329240 INVITATION TO A|F1 AND PROPOSER`S ACKNOWLEDGEMENT ITB NUMBER AND TITLE: Posted: April 19.2U1D 18 -B -078 -SH^ Custodial SuppU^es Catalog Discount Bid SUBMITTAL DUE DATE &T|K8E: Tuesday, May 8, 2018 by 2:00 P.M. EST NOTE: PROPOSALS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BEACCEPTED. PRE-BID MEETING DATE &TIME: N/A PURCHASING CONTACT: Sean Hynes, Buyer || Phone: 321-G33-1O8Dext. G4S Email: The School Board of Brevard County, Florida, solicits your company to submit a proposal on the above referenced goods or services. All 0anns, specifications and conditions set forth in this invitation are incorporated by this rehumnoo into your response. Aproposal will not be accepted unless all conditions have been met. In the event of conflict between the Ganano| Tonno and Conditions and any subsequent Special Conditions or attached hereto. the Special Conditions will have precedence. All proposals must have an authorized signature in the space provided below. All proposals must besealed and received inThe School Board nfBrevard County Florida Purchasing Offiuo at 2700 Judge Fran Jamieson Way, Viom, FL 32840. bythe "Proposal Due Date &Timo^ referenced above. All packets containing sealed proposals must reference the "ITB Tide", "ITB Number" and the "ITB Due Date & Time". The School Board is not responsible for lost or late delivery of proposals by the U.S. Postal Services or other third party delivery services used by the Proposer. NOTE: PLEASE ALLOW AT LEAST 30 MINUTES TO OBTAIN A VISITOR BADGE AT THE BUILDING ENTRANCE. Bids may not be withdrawn for a period of sixty (60) days after the proposal due date unless otherwise specified. THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED ASPART (JFYOUR PROPOSAL. PROPOSALS WILL NOT BEACCEPTED WITHOUT THIS FORM, SIGNED BYANAUTHORIZED AGENT OFTHE PROPOSER. LEGAL COMPANY NAME (AS REGISTERED |wvvmxwauwo|ZDRoOR AGREGISTERED |wYOUR S7xTe): MAILING ADDRESS: CITY, STATE, ZIP: FEDERAL EMPLOYERS IDENTIFICATION NUMBER (pow): FLORIDA DIVISION orCORPORATION DOCUMENT NUMBER: PRIMARY CONTACT NAME: PRIMARY CONTACT TELEPHONE NUMBER: E-MAIL: I CERTIFY THAT THIS PROPOSAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER PROPOSER SUBMITTING A PROPOSAL FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS |NALL RESPECTS FAIR AND WITHOUT COLLUSION ORFRAUD. | AGREE TOABIDE TOALL CONDITIONS OFTHIS ITB AND CERTIFY THAT |AMAUTHORIZED TOSIGN THIS PROPOSAL FOR THE PROPOSER. AUTHORIZED TYPED OR SIGNATURE: PRINTED NAME: TITLE: DATE: Page 1of43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid GENERAL TERMS AND CONDITIONS * * * * PLEASE READ CAREFULLY .... 1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope or package. The invitation number, title, and opening date shall be clearly displayed on the outside of the sealed envelope or package. The delivery of responses to the School Board of Brevard County Office of Purchasing & Warehouse Services prior to the specified date and time is solely and strictly the responsibility of the respondent. Any submittal received in the Office of Purchasing & Warehouse Services after the specified date and time will not be considered. Responses shall be submitted on forms provided by the School Board. Additional information may be attached to the submittal. Facsimile submissions are NOT acceptable. No offer may be modified after acceptance. No offer may be withdrawn after opening for a period of sixty (60) days unless otherwise specified. 2. EXECUTION OF OFFER: Offer shall contain a manual signature in the space(s) provided of a representative authorized to legally bind the respondent to the provisions therein. All spaces requesting information from the respondent shall be completed. Responses shall be typed or printed in ink. Use of erasable ink or pencil is not permitted. Any correction made by the respondent to any entry must be initialed. 3. OPENING: The bid/proposal shall be opened at the date, time and place mentioned in solicitation/invitation, as it may be amended in the sole discretion of the School Board. Pursuant to subsection 119.071(1)(b) Florida Statutes (2011) sealed bids, proposals or replies received by the School Board pursuant to a competitive solicitation are exempt from the Public Records Act (Chapter 119) and Section 24(a), Article I of the Florida Constitution until such time as the School Board provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier. If the School Board rejects all bids, proposals or replies submitted in response to a competitive solicitation, and the School Board concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals or replies remain exempt until such time as the School Board provides notice of an intended decision concerning the competitive procurement process or until it withdraws the reissued competitive solicitation. A bid, proposal or reply is not exempt for longer than twelve (12) months atter the initial agency notice rejecting all bids, proposals or replies. 4. PUBLIC RECORD: The School Board is governed by the Public Record Law, Chapter 11.9, Florida Statute. Pursuant to Chapter 119 only trade secrets as defined in Section 812.081 and subsection 119.071(1)(c), Florida Statute shall be exempt from disclosure. Effective July 1, 2013, the Florida Legislature enacted Florida Statute 119.0701. This statute requires that all contractors shall comply with Florida's public record laws with respect to services performed on behalf of the School Board. Specifically, the statute requires that contractors: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that a public agency would provide the records and at a cost that does not exceed the cost provided by Chapter 119 of the Florida Statutes or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the School Board in a format that is compatible with the information technology systems of the School Board. E. The failure of the Contractor to comply with the provisions set forth in this Article, if applicable, shall constitute a default and material breach of this Agreement, which may result in immediate termination, with no penalty to the School Board. F. EFFECTIVE JULY 1, 2016 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 321-633-1000 ext. 453. Piquero.Casey@brevardschools.org. THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, 2700 JUDGE FRAN JAMIESON WAY, VIERA, FL 32940. 5. CLARIFICATION/CORRECTION OF ENTRY: The School Board reserves the right to allow for the clarification of questionable entries and the correction of OBVIOUS MISTAKES. 6. INTERPRETATION/ADDENDA: Any questions concerning conditions and specifications shall be directed to the designated contact person. Those interpretations which may affect the eventual outcome of the invitation/offer shall be furnished in writing to prospective respondents. No interpretation shall be considered binding unless provided in writing by the School Board Office of Purchasing & Warehouse Services in the form of an addendum. Any addenda issued shall be acknowledged by signature and returned with respondent's response. Failure to acknowledge addenda may result in the offer not being considered. 7. INCURRED EXPENSES: This invitation does not commit the School Board to make an award nor shall the School Board be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a reply, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement. Page 2 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid 8. PRICING: Unless otherwise specified prices offered shall remain firm for a period of at least sixty (60) days; all pricing of goods shall include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the School Board to a secure area or inside delivery; all prices of services shall include all expenses necessary to provide the service at the location specified. 9. ADDITIONAL TERMS & CONDITIONS: The School Board reserves the right to reject offers containing terms or conditions contradictory to those requested in the invitation specifications. 10. TAXES: The School Board of Brevard County is exempt from Federal and State Tax for Tangible Personal Property. Florida State Exemption Certificate No. 85-8012621745C-3. Contractors doing business with the School Board of Brevard County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the Board, nor shall any Contractor be authorized to use the School Board's Tax Exemption Number in securing such materials. 11. DISCOUNTS: All discounts except those for prompt payment shall be considered in detennining the lowest net cost for evaluation purposes. 12. MEETS SPECIFICATIONS: The respondent represents that all offers to this invitation shall meet or exceed the minimum requirements specified. 13. BRAND NAME OR EQUAL: If items requested by this invitation have been identified in the specifications by a Brand Name "OR EQUAL" description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing "equal" products will be considered for award if such products are clearly identified in the offer and are determined by the School Board to meet fully the salient characteristic requirements listed in the specifications. Unless the respondent clearly indicates in his/her offer that he/she is proposing an "equal" product, the offer shall be considered as offering the same brand name product referenced in the specifications. If the respondent proposes to furnish an "equal" product, the brand name of the product to be furnished shall be clearly identified. The evaluation of offers and the determination as to equality of the product offered shall be the responsibility of the School Board and will be based on information furnished by the respondent. The Office of Purchasing & Warehouse Services is not responsible for locating or securing any information which is not identified in the response and reasonably available to the Office of Purchasing & Warehouse Services. To insure that sufficient information is available the respondent shall furnish as part of the response all descriptive material necessary for the Office of Purchasing & Warehouse Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the respondent proposes to furnish and what the School Board would be binding itself to purchase by making an award. 14. SAMPLES: When required, samples of products shall be furnished with response to the School Board at no charge. Samples may be tested and will not be returned to the respondent. The result of any and all testing shall be made available upon written request. 15. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 16. GOVERNING LAWS AND VENUE: All legal proceedings brought in connection with this Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Brevard County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando Division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this Contract. In the event that a legal proceeding is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non jury trial for the adjudication of such suit. All questions concerning the validity, operation.. interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. 17. ASSIGNMENT: The Bidder shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Superintendent. In the event of any assignment, the Bidder remains secondarily liable for the performance of the Contract, unless the Superintendent expressly waives such secondary liability. The Superintendent may assign the Contract with prior written notice to Bidder of its intent to do so. For the purpose of this Contract, "assignment" means any voluntary, involuntary, direct or indirect assignment, sale, or other transfer by Bidder or its owner(s), of any interest in this Agreement, more than ten percent (10%) of the ownership interest in Bidder, or one of a series of transfers that in the aggregate constitute the transfer of more than ten percent (10%) of the ownership interest in Bidder. The term includes, without limitation: (1) transfer of ownership of capital stock or any partnership interest; (2) merger, consolidation, or issuance of additional securities representing more than ten percent (101/o) of the ownership interest in Bidder; (3) sale of common stock of Bidder pursuant to a private placement or registered public offering, which transfers more than ten percent (10%) of the ownership interest in Bidder; (4) transfer of any interest in Bidder in a divorce proceeding or otherwise by operation of law; or (5) transfer of more than ten percent (101/o) of the ownership interest in Bidder in the event of the death of an owner, by will, declaration of or transfer in trust, or under the laws of intestate succession. 18. CONTENT OF INVITATIONIRESPONSE: The contents of this invitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or service requested herein shall supersede the requirements of the "GENERAL CONDITIONS AND INSTRUCTIONS." 19. INDEMNIFICATION OF SCHOOL BOARD The Contractor agrees to indemnify, hold harmless and defend the School Board of Brevard County, its officers, employees, agents and representatives from any and all third -party claims, judgments, costs, and expenses including, but not limited to, reasonable attorney's fees, reasonable investigative Page 3 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid and discovery costs., court costs and all other sums which the School Board, its officers, employees, agents and representatives may pay or become obligated to pay on account of any, all and every third -party claim or demand, or assertion of liability, or any third -party claim or action founded thereon, arising directly or indirectly out of the services furnished by the Contractor, its agents, servants or employees: or the negligence of the Contractor or the negligence of the Contractor's agents when acting within the scope of their employment, whether such third -party claims, judgments, costs and expenses be for damages, damage to property including the School Board's property, and injury or death of any person whether employed by the Contractor, the School Board or otherwise. 20. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier/provider, without exception, shall indemnify and save harmless the School Board, its officers, agents and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or services, including use by the School Board. If the supplier/provider uses any design, device, or materials covered by letters, patent, copyright, or registration, it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs arising from the use of such design, device, or materials in any way involved. The School Board reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize other to use, for the School Board purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, sub grantee or contractor purchases ownership with grant support. 7 CPR 3016.36(i) (9) The School Board reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize other to use, for the School Board purposes patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 7 CFR 3016.36(1) (8). 21. TRAINING: Unless otherwise specified suppliers/providers may be required at the convenience of and at no expense to the School Board to provide training to School Board personnel in the operation and maintenance of any item purchased as a result of this invitation. 22. ACCEPTANCE: Products purchased as a result of this invitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at respondent's expense. Those items and items not delivered by the delivery date specified in accepted offer and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the respondent. 23. SAFETY WARRANTY: Any awarded supplier/provider including dealers, distributors, and/or manufacturers shall be responsible for having complied with all Federal.. State, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies. 24. WARRANTY: The respondent agrees that, unless otherwise specified, the product and/or service furnished as a result of this invitation and award thereto shall be covered by the most favorable commercial warranty the respondent gives to any customer for comparable quantities of such products and/or services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the School Board by any other provision of the invitation/offer. 25. AWARD: As the best interest of the School Board may require, the School Board reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical basis and/or on a district wide basis with one or more supplier(s) or provider(s); to reject any and all offers or waive any irregularity or technicality in offers received. Respondents are cautioned to make no assumptions unless their offer has been evaluated as being responsive. Any or all award(s) made as a result of this invitation shall conform to applicable School Board Rules, State Board Rules. and State of Florida Statutes. 26. VIOLATIONS: Any violation of any of the stipulations, terms, and/or conditions listed and/or included herein may result in the respondent being removed from the School Board Bid list and the /respondent being disqualified from doing business with the School Board for a period of time to be determined on a case-by-case basis. 27. For purposes of this Invitation and evaluation of responses hereto the following shall apply: unit prices shall prevail over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals ("one" over "1"). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 28. GENERAL INFORMATION ABOUT THE DISTRICT: The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity controlled and operated by District school officials in accordance with Chapter 1001, Florida Statutes. The Board consists of five elected officials responsible for the adoption of policies which govern the District's schools and departments. The Superintendent of Schools is responsible for the administration and management of the schools and departments within the applicable parameters of state law, State Board of Education Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District per Florida Statutes as prescribed by the State Board of Education. 29. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code (Florida Statues, Chapter 672) shall prevail as the basis for contractual obligations between the awarded Contractor and the School Board of Brevard County for any terms and conditions not specifically stated in this Invitation to bid. 30. AVAILABILITY OF FUNDS: The obligations of the School Board of Brevard County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the School Board. All purchases are contingent upon available District funding. 31. NO CONTACT: Contractors, consultants, or their representatives shall not meet with, speak individually with, or otherwise communicate with School Board members, the Superintendent, or School Board staff, other than the designated Buyer, and School Board members, the Superintendent, or School Board staff, other than the designated Buyer, shall not meet with, speak individually with, or otherwise communicate with contractors, consultants, or their representatives, about potential contracts with the School Board once an Request for Proposals, Request for Quote, Invitation to Bid, Invitation to Negotiate, or Request for Qualifications has been issued. Such communication with any party other than the designated Page 4 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid purchasing agent shall be prohibited until the School Board has awarded the competitive solicitation. Any such communication shall disqualify the Contractor, contractor, or consultant from responding to the subject Request for Proposals, Request for Quote, Invitation to Bid, and Invitation to Negotiate, or Request for Qualifications. 32. DISTRICT DEiMOGRAPHICS: The District is coterminous with Brevard County. The District currently operates 85 schools including 57 Elementary Schools, 12 Middle Schools, and 16 High Schools. The District is also responsible for 18 alternative sites/special centers and 9 Adult/Community Education Centers. The total full-time K-12 enrollment of public school students on October 13, 2017 was 75,336. In 2016-17, according to the National Center of Education Statistics, the District was reported as the 10th largest School Board in the State of Florida and the 4711' largest School Board in the United States, as ranked by student population. The District is the largest employer in Brevard County with approximately 9,000 full-time employees. 33. SUSPENSION OF CONTRACTORS: When a contractor has been found to be non-compliant with a contract, the Director of Purchasing or designee shall issue a letter to the contractor that identifies the issues and gives reasonable notice to correct. If the identified issue warrants immediate suspension or if the Contractor continues to fail to perform in accordance with the contract terms, the Director of Purchasing may suspend the Contractor for a period of up to 180 days where the Contractor may not participate in any new business with the School Board. The Contractor may appeal the suspension to the Superintendent or designee within ten (10) business days of the receipt of the notice of suspension. Upon continued non-compliance with a contract or multiple contracts, the Director of Purchasing may recommend to the School Board to find the contractor in default. Whenever the School Board finds a contractor to be in default of a contract which the Contractor has been previously awarded, then the contractor will be removed, for a period of up to two years, from all bid lists and will not be considered for any new awards during this period. At the end of this period, the contractor may re -apply for inclusion on bid lists and may be considered for any new awards. 34. SCHOOL BOARD RULES, POLICIES AND PROCEDURES: The rules, policies and procedures of the Superintendent and the School Board are binding on the parties. Specifically, the contractor is bound to understand the limitations on the staff of the School Board with whom the contractor or its consultants, subcontractors and agents/employees may deal. Personnel of the School Board are unauthorized to change the scope of work or to authorize any modification to the contract unless there is a specific policy, procedure or rule of the Superintendent or School Board that expressly confer such authority. All procedures, rules and policies concerning change orders are binding upon the Contractor and the Contractor is presumed to have read and understood all applicable policies, procedures and rules of the Superintendent and School Board. 35. OTHER AGENCIES: A. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include Public Charter Schools to participate in the contract under the same prices, terms and conditions. B. Further, it is understood that each entity will issue its own purchase order to the awarded respondent(s). 36. DAVIS-BACON ACT (34 CFR 80.36(1) (4)): All construction contractors and subcontractors must comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub -grantees when required by Federal grant program legislation). (Applies to all construction contracts in excess of $2000 awarded by the District and sub -grantees when required by Federal grant program legislation). 37. PROIIIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Section 287.135 of the Florida Statutes, THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF TIS SCHOOL BOARD "A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more." Section 215.473 defines a company to include "all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exists for the purpose of making profit." By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify at each renewal of the Contract that that it and its related entities are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The School Board may terminate any Contract resulting from this solicitation if respondent or a related entity as defined above is found to have submitted a false certification or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Notwithstanding the preceding, the School Board reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the School Board determine that the conditions set forth in Section 287.135(4) are met. 38. NONACADEMIC SIMM Effective July 1, 2016, per SB350, it states "Each bid specification for nonacademic commodities and contractual services must include a statement indicating that the purchasing agreements and state term contracts available under s. 287.056 have been reviewed" Buyer shall: A. Check the State website for purchasing agreements and determine if they are well suited for our needs and provide an economic advantage ■ http://,.vww.dms.invflorida.com/business operations/state purchasing/state contracts and agreements THE SCHOOL BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO'Vi'AIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE SCHOOL BOARD Page 5 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid PURPOSE The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids for Custodial Supplies Discount Catalog Bid for the use of The School Board of Brevard County, Florida (School Board). 1.0 SCOPE 1.01 This Specification establishes the minimum requirements for this solicitation, listed and described in the body of these specifications, to be used as noted, by The School Board of Brevard County. 1.02 AWARD TERM The School Board's goal is to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful bidder(s) shall be awarded a contract for an initial three (3) year term with one (1) two (2) year renewal period. The award term recommendation will be that which is determined to be in the best interest of the School Board. The renewal option shall be exercised only if all original contract terms, conditions, and prices remain the same. All renewals will be contingent upon mutual written agreement and, when applicable, approval of School Board. 1.03 PRODUCTS OR SERVICES TO BE PROVIDED, AND APPLICABLE SPECIFICATIONS The Intent of this bid is to select multiple bidder(s) to provide Custodial Supplies Discount Catalog Bid on an as needed basis. Bidder(s) will be evaluated on the basis of a fixed percentage discount from bidders' current published catalog or internet prices in order to produce the lowest net cost for the District. The fixed percentage discount offered shall apply to all items, categories or pages. Any excluded items or pages must be clearly stated on your bid submittal form. If no exclusions are stated, the District will use the discount on all items listed in the catalog or on the internet. Bidder(s) submitting fixed percentage discount off internet pricing must indicate the web address where pricing may be found and associated user name and password. Bidder(s) submitting fixed percentage discount off current published catalog pricing, must submit catalog(s) with bid. Catalog(s) shall be clearly labeled with Company name, Discount(s) offered, exceptions or exclusions, account representative name and contact information. 1.04 CATALOG BID 1.04.1 CATALOG WITH BID All bidders must submit two (2) copies of all catalogs to be used under this contract with their bid submittal unless the bidders use an online website in accordance with section 1.04.4. 1.04.2 CATALOGS TO BPS LOCATIONS After award, successful bidders shall furnish at least two (2) of the same catalog (s) as presented with the bid to all school and departments within the District. A list of locations will be supplied to all successful bidders. Catalog dispersal is a responsibility of the awarded bidder, not the District. 1.04.3 CATALOGS UPDATED ANNUALLY Each year as new catalogs are published the successful bidder(s) shall furnish new catalogs to all schools and departments in the District. Prior to the release of new catalogs awarded bidders must contact the Purchasing Department to obtain a current list of locations, contacts, and to establish new catalog effective date. Catalog dispersal is a responsibility of the awarded bidder, not the School District. 1.04.4 ELECTRONIC CATALOGS If an electronic version of your catalog is available online, the District may wish to use the electronic version if prices can be configured with the discount already taken. On line ordering may use the Districts Purchasing Card Program. 1.04.5 UPDATING OF CATALOGS Bid pricing will be held to the current catalog in use by all schools and departments. Price increases will not be allowed until a new catalog has been approved by the designated buyer in the Purchasing Department. Once approved, it will be the awarded bidder's responsibility to distribute an ample supply of catalogs to each school and department utilizing this bid. Booklets and pricers used to adjust catalog pricing will not be acceptable. As new catalogs become available, it is the awarded bidder's responsibility to have the following: • New catalog approved by the designated buyer in the purchasing department before effective date and distribution to the rest of the schools/departments. • Deliver sufficient quantities of new catalogs to all schools and departments with notice explaining new pricing, before effective date. Page 6 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid • Establish effective date with buyer after the requirements above have been met. Any price discrepancies, which occur as a result of the awarded bidder not following the above guidelines, must be honored by the awarded bidder. 1.04.6 NEW ITEMS New items appearing in the awarded bidder's catalog released after the bid opening date are to be covered by this bid as if these items were originally included in the catalog(s) submitted with the bid. 1.04.7 TRAINING The successful bidder(s) must be willing to offer training and support as needed for schools and departments as needed. Training may include but not be limited to company introduction, setting up new users for on line ordering, and review of catalog bid discounts. 1.05 DISCOUNT ADJUSTMENTS Unless a change is deemed to be in the best interest of the District, there will be no discount adjustments allowed during the contract period. The discounts submitted on the Price Sheet shall remain firm throughout the contract period. Bidders are encouraged to consider this requirement when offering discounts. 1.06 NEW ITEMS AND/OR OPTIONS New items and/or options may be included in this bid if they are standard items and/or options for this commodity. Items inadvertently left off the price sheet may be viewed as an option not known to exist at the time this bid was sent out, but are now available as an additional option. Awarded bidders wishing to provide additional option's, may attach to their price sheet their list of options which are currently available. Since these products will be made to order on an as needed basis, each purchase could vary greatly since many will be site specific. As market and/or building code changes occur the awarded Bidders may contact the Purchasing Agent about additional options. 1.07 ITEM DISCONTINUANCE During the term of this contract, as items are discontinued and a replacement offered, the awarded bidder must notify the Purchasing Department with the new equipment specifications and price. If the Purchasing Department and end user department approve the newer/current model, an amendment will be placed in the bid folder noting the newer/current model as the revised product model for the remainder of the contract term. 1.08 MODEL NUMBER CHANGES During the term of this contract as items are updated with a newer/current model, the awarded bidder must notify the Purchasing Department with the new equipment specifications and price. If the Purchasing Department and the Custodial Services Department approve the newer/current model, an amendment will be placed in the bid folder noting the newer/current model as the revised product model for the remainder of the contract term. 1.09 DELIVERY TERMS 1.09.1 DELIVERY TIME Orders shall be placed as needed and delivery shall be completed within five (5) after order is placed, to any District location in Brevard County. 1.09.2 DELIVERY CHARGES Bid price must include all delivery charges. 1.09.3 HOURS OF DELIVERY Deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m. except on Saturdays, Sundays, or holidays when all school buildings and the Warehouse are closed. 1.09.4 MINIMUM ORDERS If a bidder wishes to set a minimum order dollar amount, they must do so by indicating the dollar amount in the space provided on the Price Sheet. Failure to specify will be considered no minimum dollar amount. 1.09.5 F.O.B. POINT The F.O.B. point for this contract and for all purchases made under it shall be as specified by the using school/department (in accordance with the Bid Submittal Form), in the School Board. Delivery will not be complete until the using school/department has accepted each item. Delivery to a common carrier shall not constitute delivery to the ordering school/department. All disputes shall be between the seller/bidder and the carrier. 1.10 LABELING Each carton, package, box and/or container shall be labeled. Each label shall identify each carton as follows: Page 7 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid A. Name of item. B. Quantity of item contained. C. Purchase Order Number. D. Company. 1.11 DAMAGED ITEMS In the event an item or items is received and it is later determined there is concealed damage when the item or items is unpacked, the item or items must be replaced by the awarded bidder at no cost to the School Board. 1.12 GUARANTEED QUANTITIES No guarantee is given or implied as to the total quantity or dollar value of this bid. The School Board of Brevard County is not obligated to place any order with any awarded bidder participating in this bid. All schools and departments, however, will be urged to refer to catalogs and discounts of participating bidders in their attempt to fill their requirements at the lowest net prices. 1.13 METHOD OF ORDERING Items shall be order via individual purchase orders or by visa purchasing card on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order. 1.14 ORDERS Schools, departments and centers of the School Board of Brevard County will issue purchase orders or place order by visa purchasing card directly to the successful bidder(s) for the purchase of Custodial Supplies. The successful bidder(s) will be expected to honor these orders according to the discount terms and conditions listed in this bid. Each purchase order will be emailed or mailed to the awarded bidder. The order should be reviewed for correct prices, catalog numbers, extensions, etc. 1.15 EXEMPT FROM THIS BID Purchases shall not include items available at lower prices on other School Board bid awards or on Florida State Contracts. Items shall be ordered via individual purchase orders or visa purchasing card on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order or receipts must be submitted for each purchase on visa purchasing card. 1.16 SUBSTITUTES Unapproved substitutes will not be allowed. If items are not available, the school or department noted on the purchase order must be contacted prior to shipment to determine if a substitute is acceptable. 2.0 STANDARD TERMS & CONDITIONS 2.01 CLOSING DATE Bids must be received by The School Board of Brevard County, Florida, Office of Purchasing & Warehouse Services, Pod 8, Room 802, 2700 Judge Fran Jamieson Way, Viera, FL 32940-6601, no later than 2:00 p.m., local time, on Tuesday, May 8, 2018. Bids received after this time will not be considered. 2.02 TENTATIVE SCHEDULE April 19, 2018 ...................... Invitation to Bid Available N/A ...................................... Pre -Bid Conference April 25, 2018 ...................... Deadline for Questions May 8, 2018 ........................ Bid Closing Date June 12, 2018 ..................... Planned Award Date 2.03 DELIVERY OF BIDS All Bids shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted): The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 Page 8 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid Mark package(s) 'Bid # 18 -B -078 -SH, Custodial Supplies Catalog Discount Bid" and insure that bidders return address is listed on the outside of the package. Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to the Purchasing Department, at the above address. To be considered, a Bid must be received and accepted in the Purchasing Department before the Bid closing date and time. Cut out and attach this label to you bid. 1 1 UO NOT OPEN * SEALED PROPOSAL * DO NOT OPEN 1 1 CONTRACTOR NAME: 1 SEALED PROPOSAL NUMBER: 18 -B -078 -SH ( PROPOSAL TITLE: Custodial Supplies Catalog Discount Bid ; • PROPOSAL DUE ON May 8, 2018 AT 2:00 P.M. PROPOSAL ENCLOSED "NO PROPOSAL LETTER" ENCLOSED 1 ' Deliver to: The School Board of Brevard County, Florida OFFICE OF PURCHASING & WAREHOUSE SERVICES 1 2700 Judge Fran Jamieson Way, Pod 8, Room 802 1 Viera, FL 32940-6601 1 . . . _ . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . 2.04 PUBLIC BID OPENING A. The Bids will not be available for inspection during normal business hours in the Purchasing Department until thirty (30) days after bid opening date or notice of a decision or intended decision, whichever is earlier, by appointment. (Florida Statute 119.071 (1) (b)). B. A copy of the completed bid tabulation will be available at https://www.myvendorlink.com within ten (10) days. C. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public Bid openings or meetings should contact the Purchasing Department at 321-633-1000 x 645 at least five (5) days prior to the meeting date. 2.05 BID SUBMITTAL FORM A. See Submittal Requirements for complete details. B. Note: It is not necessary to return every page of this document with the bid proposal; return only the pages that require signatures or information. C. Each bidder shall submit Three (03) complete sets of the Bid Submittal: • One (1) hard copy marked "ORIGINAL" • One (1) hard copies marked "COPY' • One (1) COMPLETE electronic copy on a CD or Jump drive in PDF format (Excel spreadsheets shall not be recorded in PDF). Note the solicitation number and name of company on the disk. If a Non -Disclosure Agreement is signed and confidential materials are submitted, such confidential materials shall not be included on the master CD. Confidential materials shall be segregated on a separate CD, plainly labeled "Confidential Materials". D. The Invitation to Bid page and other required documents must be signed by an official authorized to legally bind the bidder to all bid provisions. Page 9 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid E. Terms and conditions differing from those in this Bid shall be cause for disqualification of the Bid Submittal. 2.06 QUESTIONS CONCERNING BID A. Questions concerning any portion of this Bid shall be directed in writing or by e-mail to the Purchasing Representative named below, who shall be the official point of contact for this Bid. Questions should be submitted by the question deadline date as listed above in Section 2.02, Tentative Schedule. B. Mark cover page or envelope(s) or title email "Questions on Bid # 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid" C. Submit questions to: Sean Hynes, Buyer II Telephone: ....... 321-633-1000 ext. 646 Fax: .................. 321-633-3618 E-mail: .............. hynes.sean(cDbrevardschools.org 2.07 CLARIFICATION AND ADDENDA A. It is incumbent upon each bidder to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing, (facsimile transmissions acceptable, 321-633-3618) through the Purchasing Representative named above. The School Board will not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given. B. If it becomes necessary to revise or amend any part of this Bid, notice may be obtained by accessing our web site. The bidder in the Bid Submittal must acknowledge receipts of amendments. Each bidder should ensure that all addenda and amendments to this Bid have been received BEFORE submitting the Bid. Check https://www.myvendorlink.com/ for any addenda. The Purchasing Department will not manually distribute any addendum. 2.08 FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their "active" status. All registered respondents must have an active status in order to be eligible to do business with the School Board. Respondents doing business under a fictitious name, on page 1, must submit their offer using the company's complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.orq. 2.09 AWARD The School Board reserves the right to award the contract to the bidder(s) that the Board deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation. The Board is therefore not bound to accept a bid on the basis of lowest price. In addition, the Board has the sole discretion and reserves the right to cancel this Bid, to reject any and all bids, to waive any and all informalities and/or irregularities, or to re -advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the Board to do so. The Board also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if it is deemed to be in the Board's best interest. 2.10 DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS BID Each bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this bid. (Responsive) B. The greatest benefits to the School Board as it pertains to: (Responsible) 1. Total Cost. 2. Delivery. 3. Past Performance. In order to evaluate past performance, all bidders are required to submit: a. A list of references with the bid and; b. A list of relevant projects completed within the last 3 years that are the same or similar to the magnitude of this ITB. Page 10 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid 4. All technical specifications associated with this bid. 5. Financial Stability: Demonstrated ability, capacity and/or resources to acquire and maintain required staffing. Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award will be made to the lowest responsive, responsible, bidder whose bid represents the best overall value to the School Board when considering all evaluation factors. 2.11 OTHER AGENCIES A. In accordance with State Board Rule 6A-1.012 (6), all bidders awarded contracts from this Bid may, upon mutual agreement with the other agency, permit any School Board/board, municipality or other governmental agency, to include Public Charter Schools, to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. B. Further, it is understood that each School Board/board or agency will issue its own purchase order to the awarded bidder(s). 2.12 CONTRACT A. The contents of this Bid and all provisions of the successful bidder's Submittal Form shall be considered a contract and become legally binding. A separate contract document, other than the purchase order(s), will not be issued. B. The Director of Purchasing and Warehouse Services, Superintendent, and Board Chair are the sole Contracting Officers for the School Board, and only they or their designee are authorized to make changes to any contract. C. The School Board shall be responsible for only those orders placed by the schools/departments on an authorized signed purchase order or visa purchasing card. The School Board shall not be responsible for any order, change substitution or any other discrepancy on the purchase order or card charges. If there is any question about the authenticity of a purchase order, card charge or change order, the bidder should promptly contact the Purchasing Department. D. The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056, of the Department of Management Services will be reviewed for the subject of the award recommendation of this solicitation. 2.13 DISCLOSURE OF BID CONTENT A. All material submitted becomes the property of the School Board and may be returned only at the School Board's option. The School Board has the right to use any or all ideas presented in any reply to this Bid. Selection or rejection of any Bid Submittal does not affect this right. B. The School Board is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the School Board as defined in 119.071(1)(c), F.S. (hereinafter "Confidential Materials"), may be exempt from disclosure. If a successful bidder submits Confidential Materials, the information must be segregated, accompanied by an executed Non -Disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled "confidential" or "trade secret." The School Board will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the School Board shall execute the Agreement and send the successful bidder a "Receipt for Trade Secret Information." RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. 2.14 BIDDER'S RESPONSIBILITY The bidder, by submitting a Bid represents that: A. The bidder has read and understands the accordance therewith, and; Invitation to Bid in its entirety and that the Bid is made in Page 11 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid B. The bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the School Board, and; C. Before submitting a Bid, each bidder shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the School Board, upon which the bidder will rely. If the bidder receives an award because of its Bid Submittal, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the bidder for additional compensation or relief. D. The bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the contract term or up to and including five (5) fiscal years following the School Board's annual audit including five (5) years thereafter. 2.15 PAYMENT TERMS A. INVOICING The successful bidder will be required to submit invoices and reference purchase order numbers on all requests for payment. All statements must reference valid DISTRICT purchase order numbers. Invoices shall be mailed directly to the bill to as listed on the purchase order. A separate invoice must be received for each purchase order number. Payment for partial shipments shall not be made unless specified. Invoices, which do not reference valid DISTRICT, purchase order numbers or which are erroneous (incorrect contract prices, minimum order charges, etc.) shall be returned to the contractor for resolution of the discrepancies. It is the sole responsibility of the contractor to reconcile the purchase order and the contractor's invoice and to notify the purchasing representative of any discrepancies prior to billing. The school board will only pay the dollar amounts authorized on the purchase order. B. The School Board will remit full payment on all undisputed invoices within 45 (forty-five) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered. C. Pursuant to Chapter 218, Florida Statutes, the School Board will pay interest, not to exceed one percent (1%) per month, on all undisputed invoices not paid within 45 (forty-five) days after receipt of the entire order of the commodity or service, AND a properly completed invoice, whichever is later. D. The School Board has the capabilities of Electronic Fund Transfer (EFT). List any additional discounts for payment using Electronic Funds Transfer (EFT) and/or any additional discounts to be applied to such payments. E. By submitting a Bid (offer) to the School Board, the bidder expressly agrees that if awarded a contract, the School Board may withhold from any payment, monies owed by the bidder to the School Board for any legal obligation between the bidder and the School Board. F. PARTIAL PAYMENT Partial payments in the full amount of the value of items received and accepted may be requested by the submission of a properly executed invoice with support documents if required. G. PAYMENT DISCOUNTS A bid price submitted indicating a discount if an invoice is paid within a certain number of days from the date of the invoice cannot be considered as a basis for the bid evaluation. All bid prices must be net and not contingent on terms. 2.16 LICENSES AND CERTIFICATES A. The School Board reserves the right to require proof that the respondent is an established business and is abiding by the ordinances, regulation, and the laws the State of Florida, such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, AND; Page 12 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid B. Each firm and personnel who will be performing services on behalf of the firm for the Board are to be properly licensed to do business in its area of expertise in the State of Florida. Each firm shall submit with their proposal a copy of, and maintain the appropriate licenses and certificates during the term of the contract and any extensions. Failure to maintain these requirements shall be cause for immediate termination of the contract. 2.17 INSURANCE REQUIREMENTS The Contractor/Contractor will provide before commencement of work, and attach to this agreement, a certificate(s) evidencing such insurance coverage to the extent listed in 8.1 to 8.5 below. The following applies to the insurance requirements below for products or services from contractors when all products, services, or work performed when totaled together will pay the contractor $25,000 or more during the fiscal year. The insurance requirements are as follows: 1. Insurance listed in 8.1 below is required of all contractors and Contractors: The School Board shall be named as an additional insured to the insurance policy. If the School Board is not named as an additional insured, then the School Board reserves the right terminate this agreement. 2. Insurance listed in 8.2 below: All contractors whose work for the School Board includes products or services, and the value of these products or services are in excess of $25,000 are required to carry this insurance to the limit listed below. 3. Insurance listed in 8.3 below: Any contractor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe the School Board is responsible for the work of the contractor from portal to portal is required to carry this insurance to the limit listed below. 4. Insurance as listed in 8.4 below: All contractors that have one or more employees or subcontracts any portion of their work to another individual or company is required to have workers' compensation insurance to the limits listed below. For contracts of $25,000 or more, no State of Florida, Division of Workers' Compensation, Exemption forms will be accepted. All entities and individuals are required to purchase a commercial workers' compensation insurance policy. 5. Insurance as listed in 8.5 below: All contractors providing professional services such as architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below. All contractors will carry and maintain policies as described in numbers 1 to 5 above and as checked off in the box to the left of each section 8.1 to 8.5 below as specifically marked by representatives of the Office of Purchasing Services. All required insurance required must be from insurance carriers that have a rating of "A" or better and a financial size category of "VII" or higher according to the A. M. Best Company. Such certificates must contain a provision for notification to the Board thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Brevard County. ® 8.1. Commercial General Liability Insurance: Negligence including Bodily Injury and Property Damage Per Occurrence - $1,000,000 General Aggregate - $2,000,000 ® 8.2. Product Liability and/or Completed Operations Insurance: Negligence Including Bodily Injury and property damage - $1,000,000 Products — Completed Operations Aggregate - $2,000,000 ® 8.3. Automobile Liability: Negligence Including Bodily Injury and Property Damage: Per Claim - $ 500,000 Combined Single Limit (each accident) - $1,000,000 Page 13 of 43 ® 8.4. Workers' Compensation/Employer's Liability: W.C. Limit Required" - E.L. Each Accident - E.L. Disease — Each Employee E.L. Disease — Policy Limit 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid Statutory Limits $ 100,000 $ 100,000 $ 500,000 ❑ 8.5. Professional Liability Insurance (Errors and Omissions): For services, goods or projects that will exceed $1,000,000 in values over a year. Each Claim - $1,000,000 Annual Aggregate - $2,000,000 For services, goods or projects that will not exceed $1,000,000 in values over a year. Each Claim - $ 250,000 Annual Aggregate - $ 500,000 Professional Liability coverage must be maintained for a two-year period following completion of the contract. 2.18 SAFETY The bidder shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The bidder shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. Bidder shall take all necessary precautions to ensure all materials provided do not include Asbestos. The bidder shall indemnify and hold harmless the School Board from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the School Board because of the bidder, sub -contractor, or supplier's failure to comply with the regulations. 2.19 DEVIATIONS All Bid Submittals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the bidder by the specifications. Such deviations must be stated upon the Bid Submittal Form; otherwise the School Board will consider the subject Bid Submittals as being made in strict compliance with said Specifications to bidders, the bidder being held therefore accountable and responsible. Bidders are hereby advised that School Board will only consider Bid Submittals that meet the exact requirements imposed by the specifications; except, however, said Bid Submittals may not be subject to such rejection where, at the sole discretion of The School Board, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the Bid process by affecting the amount of the Bid Submittal such that an advantage or benefit is gained to the detriment of the other bidders. 2.20 MATERIAL SAFETY DATA SHEET In accordance with Chapter 487 of the Florida Statutes, it is the bidder's responsibility to identify and to provide to the Office of Purchasing and Warehouse Services and the Office of Environmental Health and Safety a Material Safety Data Sheet for any material, as may apply to this procurement. 2.21 WAIVER OF CLAIMS Once this contract expires, or final payment has been requested and made, the awarded bidder shall have no more than thirty (30) calendar days to present or file any claims against the School Board concerning this contract. After that period, the School Board will consider the bidder to have waived any right to claims against the School Board concerning this agreement. 2.22 TERMINATION / CANCELLATION OF CONTRACT The School Board reserves the right to cancel the contract without cause with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the bidder of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts committed by the bidder prior to the termination of the contract. Page 14 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid The bidder may cancel the resulting contract with one hundred twenty (120) days written notice to the Director of Purchasing and Warehouse Services. Failure to provide proper notice may result in the bidder being barred from future business with the School Board. 2.23 TERMINATION FOR SCHOOL BOARD'S CONVENIENCE The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the School Board representative shall determine that such termination is in the best interest of the School Board. Any such termination shall be effected by the delivery to the bidder of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, bidder shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the School Board shall have no other obligations to bidder. Bidder shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date. 2.24 TERMINATION FOR DEFAULT The School Board's Contract Administrator shall notify, in writing, the bidder of deficiencies or default in the performance of its duties under the Contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specifically specified to the contrary elsewhere within this solicitation. It shall be at the School Board's discretion whether to exercise the right to terminate. Bidder shall not be found in default for events arising due to acts of God. Termination for cause includes terminations under 287.135, F.S. 2.25 CONTRACTOR PERFORMANCE BPS project personnel shall monitor contractor performance. A 'Report of Unsatisfactory Product or Service' form (attached) shall be utilized to document unsatisfactory performance during the term of this contract. The report may become an important part of the contractor's history. The report and process will assist the Office of Purchasing Services to determine whether there is a continuing pattern of problems which may need to be addressed through termination of contract and/or suspension of contractor from future bidding. 2.26 COLLUSION The School Board of Brevard County reserves the right to disqualify bids upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the bid process in a manner that conflicts with applicable law, upon the part of the Bidder(s), Bidder's employees or agents , the District's Professional Consultant(s), or Consultant's agents, or any District employee(s) who may, or may not, be involved in the development of bid specifications and/or firm bid schedules. Multiple bids from an individual, partnership, corporation, association (formal or informal) or firm under the same or different names shall not be considered. Reasonable grounds for believing that a Bidder has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Bidder is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Bidders, the District's Professional Consultant(s) or District employees. Contractors involved in developing a bid specification or contractors with knowledge of bid specifications prior to a bid advertisement shall be disqualified from participating in the applicable bid process. 2.27 INCURRED EXPENSES This ITB does not commit the School Board to award a contract, nor shall the School Board be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this ITB, or any cost or expense incurred by the bidder prior to the execution of a contract agreement. 2.28 MINIMUM SPECIFICATIONS The specifications listed herein are the minimum required specifications for this ITB. They are not intended to limit competition nor specify any particular bidder, but to ensure that the School Board receives quality products and services. 2.29 COMPLIANCE WITH LAWS AND REGULATIONS The bidder shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Bidder shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The bidder shall protect and indemnify Page 16 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid School Board and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by bidder, its representatives, sub -contractors, sub -consultants, professional associates, agents, servants, or employees. Additionally, bidder shall obtain and maintain at its own expense all licenses and permits to conduct business pursuant to this contract from the federal government, State of Florida, Brevard County, or municipalities when legally required, and maintain same in full force and effect during the term of the contract. 2.30 CONTRACTOR'S PUBLIC RECORDS Public Records Act/Chapter 119 Contractor agrees to comply with the Florida Public Records Act (Chapter 119, Florida Statutes) to the fullest extent applicable, and shall, if this engagement is one for which services are provided, by doing the following: A. Contractor and its subcontractors shall keep and maintain public records required by the SBBC to perform the service. B. Effective July 1, 2016, Contractor and its subcontractors shall upon request from the SBBS's custodian of public records, provide the SBBC with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in chapter 119, Florida Statutes or as otherwise provided by law; C. Contractor and its subcontractors shall ensure that public records that are exempt or that are confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the SBBC; and D. Contractor and its subcontractors upon completion of a contract shall transfer to the SBBC, at no cost, all public records in possession of the contractor and its subcontractors or keep and maintain the public records required by the SBBC to perform the service. If the contractor and its subcontractors transfer all public records to the SBBC upon completion of the contract, the contractor and its subcontractors shall destroy any duplicate public records that are exempt or that are confidential and exempt from the public records disclosure requirements. If the contractor and its subcontractors keep and maintain public records, upon completion of the contract, the contractor and its subcontractors shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SBBC, upon request from the SBBC's custodian of public records, in a format that is compatible with the information technology systems of the SBBC. E. The parties agree that if the contractor and its subcontractors fail to comply with a public records request, then the SBBC must enforce the Agreement provisions in accordance with the Agreement and as required by Section 119.0701, Florida Statutes F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 321-633-1000 EXT. 453, Piguero.Casey(D-Brevardschools.org, THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, 2700 JUDGE FRAN JAMIESON WAY, VIERA, FL 32940. 2.31 LOCAL BUSINESS TAX RECEIPTS A. Any bidder whose permanent business location is in Brevard County shall submit with the bid a copy of their Local Business Tax Receipt (formerly known as an "Occupational License") issued to them by the Brevard County Tax Collector. B. Any bidder whose permanent business location is in a Florida county other than Brevard County shall submit with their bid a copy of their Local Business Tax Receipt issued to them by the tax collector of the county of their permanent business location, unless that county does not collect Local Business Taxes or issue Local Business Tax Receipts. Page 16 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid 2.32 RECORDS & RIGHT TO AUDIT The bidder shall maintain such financial records and other records as may be prescribed by the School Board or by applicable federal and state laws, rules, and regulations. The bidder shall retain these records for a period of five (5) years after final payment, or until the School Board audits them, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five (5) year period for examination, transcription, and audit by the School Board, its designees, or other entities authorized by law. At the expiration of such period, contractor, if request by the District, will turn over such records to the District to be kept for such time as the District may elect. 2.33 CHANGES IN SCOPE OF WORK/SERVICE A. The School Board may order changes in the work/service consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the bidder that the scope of the project or of the bidder's services has been changed, requiring changes to the amount of compensation to the bidder or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the School Board Chair and the bidder. B. If the bidder believes that any particular work/service is not within the scope of work/service of the contract, is a material change, or will otherwise require more compensation to the bidder, the bidder must immediately notify the School Board's Representative in writing of this belief. If the School Board's Representative believes that the particular work/service is within the scope of the contract as written, the bidder will be ordered to and shall continue with the work/service as changed and at the cost stated for the work/service within the scope. The bidder must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. C. The School Board reserves the right to negotiate with the awarded bidder(s) without completing the competitive bidding process for materials, products, and/or services similar in nature to those specified within this ITB for which requirements were not known when the ITB was released. 2.34 MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW The School Board shall have the power to make changes in the contract as the result of changes in Florida law and/or rules of the School Board to impose new rules and regulations on the bidder under the contract relative to the scope and methods of providing services as shall from time -to -time be necessary and desirable for the public welfare. The School Board shall give the bidder notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the bidder. In the event any future change in Federal, State or County law or the rules of the School Board materially alters the obligations of the bidder, or the benefits to the School Board, then the contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the bidder, then the bidder or the School Board shall be entitled to an adjustment in the rates and charges established under the contract. Nothing contained in the contract shall require any party to perform any act or function contrary to law. The School Board and bidder agree to enter into good faith negotiations regarding modifications to the contract, which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the contract, the School Board and the bidder shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the bidder directly and demonstrably due to any modification in the contract under this clause. 2.35 RIGHT TO REQUIRE PERFORMANCE A. The failure of the School Board at any time to require performance by the bidder of any provision hereof shall in no way affect the right of the School Board thereafter to enforce same, nor shall waiver by the School Board of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. In the event of failure of the bidder to deliver services in accordance with the contract terms and conditions, the School Board, after due written notice, may procure the services from other sources and hold the bidder responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the School Board may have. Page 17 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid 2.36 FORCE MAJEURE The School Board and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 2.37 BIDDER'S PERSONNEL During the performance of the contract, the bidder agrees to the following: A. The bidder shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the bidder. The bidder agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The bidder, in all solicitations or advertisements for employees placed by or on behalf of the bidder, shall state that such bidder is an Equal Opportunity Employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. The bidder shall include the provisions of the foregoing paragraphs A, B, and C, above, in every subcontract or purchase order so that the provisions will be binding upon each bidder. E. The bidder and any sub -contractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended. F. Any information concerning the School Board, its products, services, personnel, policies or any other aspect of its business learned by the bidder or personnel furnished by the bidder in the course of providing services pursuant to the Agreement, shall be held in confidence and shall not be disclosed by the bidder or any employee or agents of the bidder or personnel furnished by the bidder, without the prior written consent of the School Board. G. All employees assigned by the Bidder to the performance of work under this contract shall be physically able to do their assigned work. It shall be the Bidder's responsibility to insure that all employees meet the physical standards to perform the work assigned and are free from communicable diseases. This requirement also includes acceptable hygiene habits of Bidder's employees. H. The personnel employed by the Bidder shall be capable employees, age 18 years or above, qualified in this type of work. I. It is the Bidder's responsibility to ensure that all employees are legally allowed to work in the United States in accordance with Immigration Policies. J. The Bidder's employees shall be required to dress neatly, commensurate with the tasks being performed. K. All District facilities are tobacco free. The Board prohibits the use of tobacco in school buildings. Such prohibition also applies on school grounds, on school buses, and/or at any school -related event. Refer to Board Policies, 7434 - use of tobacco on school premises. L. It is the Bidders responsibility to see that every employee on the Bidder's work force is provided and wears an Identification Badge or company shirt/uniform in order to maintain security at the school's facility. It shall be Bidder's responsibility to inform the School Board Representative(s) of all new employees promptly at time of employment. All visitors, including volunteers and contractors, are to check in and out with the front office using the applicable software and must wear a badge indicating their visitor status. Refer to Board Policies, 9150 — School Visitors. Page 18 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid M. The Bidder shall require employees to be dressed in their appropriate work attire when reporting for duty. N. The Bidder shall prohibit their employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official use. O. The Bidder shall require their employees to comply with the instructions pertaining to conduct and building regulations, issued by duly appointed officials, such as the building managers, guards, inspectors, etc. P. The School Board's Representative(s) will determine how the Bidder will receive access to the facility. Q. If keys are provided and lost, the Bidder will be responsible for any and all costs associated with replacement keys and re -keying of the facility. R. When requested, the Bidder shall cooperate with any ongoing SCHOOL BOARD investigation involving economic loss or damage to SCHOOL BOARD buildings, or SCHOOL BOARD or personal property therein. The SCHOOL BOARD reserves the right to require any employee of the Bidder to submit to a polygraph test if the SCHOOL BOARD has a reasonable suspicion that the employee is or was involved in the incident or activity under investigation. The Bidder shall obtain a waiver from the employee authorizing the release to the SCHOOL BOARD of information acquired by the Bidder from the polygraph test. The SCHOOL BOARD, at its discretion, may require that the Bidder immediately remove the employee under investigation from working within SCHOOL BOARD buildings for the following reasons: 1) The employee's refusal to submit to a polygraph test in the above circumstances, or 2) an employee's refusal to sign the waiver referenced above or 3) an analysis of the polygraph test indicates that the employee is or was involved in the incident under investigation. If the test results show involvement on the part of the Bidder's employee, the Bidder will be obligated to cover the cost of the examination. If the test results indicate that the Bidder's employee was not involved in the incident, when the SCHOOL BOARD will pay for the cost of the examination. S. CONTROLLED SUBSTANCE OR ALCOHOL ABUSE ON SCHOOL BOARD PROPERTY: The successful Bidder(s) is hereby notified that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol is prohibited on any School Board property, or at any school board activities. Violations may subject the Bidder and/or the Bidder's employee(s) to prosecution, fines, imprisonment and/or cancellation of this or any other contract(s) that this Bidder presently holds. The Bidder(s) are required by this school board to take appropriate disciplinary action in such cases and/or require that the employee(s) satisfactory participation in a rehabilitation program. T. Any Bidder's employee convicted of violating a criminal drug statute in the workplace must report the conviction to the employer within five (5) workdays. Bidders (Employers) are required to report such convictions to the school board within ten (10) workdays of receiving this information. U. The School Board of Brevard County, Florida, is committed to the education and safety of its students and employees. To that end, any bidder awarded a contract will be required to assure that the personnel assigned to the project, do not possess criminal records that would violate the School Board's standards for employment as set forth by the Florida Department of Education. Each bidder must certify that the company and its employees are or will be in compliance with those standards for the project awarded. V. The Bidder shall strictly prohibit interaction between their employees and the student(s). W. Bidder's employees may not solicit, distribute or sell products while on School Board property. X. Friends, visitors or family members of the Bidder's employees are not permitted in the work area. Y. The Bidder shall adhere to all of the District's security standards. 2.38 COMPLIANCE WITH THE JESSICA LUNSFORD ACT Florida Statutes require that all persons or entities entering into contracts with the School Boards/School Boards/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the level 2 screening requirements of the Statute and School Board Standards. The required level 2 screening includes fingerprinting that must be conducted by the Page 19 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid District. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of this contract/agreement. 2.39 CLAIM NOTICE The bidder shall immediately report in writing to the School Board's designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The bidder agrees to cooperate with the School Board in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume' of claims experience relating to all bidder operations at the School Board project site. 2.40 BANKRUPTCY / INSOLVENCY At the time of bid submittal, Contractor/firm shall not be in the process of or engaged in any type of proceedings in insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If the Contractor/firm is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or receivership, the District may, at its option, terminate and cancel said contract, in which event all rights hereunder shall immediately cease and terminate. 2.41 CONTRACT/BIDDER RELATIONSHIP The School Board reserves the right to award one or more contracts to provide the required services as deemed to be in the best interest of the School Board. Any awarded bidder shall provide the services required herein strictly under a contractual relationship with the School Board and is not, nor shall be, construed to be an agent or employee of the School Board. As an independent bidder the awarded bidder shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The bidder shall be responsible for all income tax, FICA, and any other withholdings from its employees' or sub -bidder's wages or salaries. Benefits for same shall be the responsibility of the bidder including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability/risk coverage, and workers' and unemployment compensation. The independent bidder shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours' individuals will perform. The independent bidder shall not be exclusively bound to the School Board and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the School Board. The independent bidder shall not be provided special space, facilities, or equipment by the School Board to perform any of the duties required by the contract nor shall the School Board pay for any business, travel, or training expenses or any other contract performance expenses not specifically set forth in the specifications. 2.42 NEW MATERIAL Unless otherwise provided for in this specification, the bidder represents and warrants that the goods, materials, supplies, or components offered to the School Board under this Bid solicitation are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the bidder believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the School Board's interest, the bidder shall so notify the School Board Buyer in writing no later than ten (10) working days prior to the date set for opening of Bids. The notice shall include the reasons for the request and any benefits that may accrue to the School Board if the Buyer authorizes the Bidding of used or reconditioned goods, materials, supplies, or components. 2.43 CONFLICT OF INTEREST FORM All bidders shall complete and have notarized the attached disclosure form of any potential conflict of interest that the bidder may have due to ownership, other clients, contracts, or interest associated with this project. Page 20 of 43 18 -8 -078 -SH: Custodial Supplies Catalog Discount Bid 2.44 LITIGATION Bidders shall submit details of all litigation, arbitration or other claims, whether pending or resolved in the last five years, with the exception of immaterial claims which are defined herein as claims w/ith a possible value of less than $25,000.00 or which have been resolved for less than $25,000.00. Notwithstanding the foregoing, all litigation, arbitration or other claims, of any amount, asserted by or against a state, city, county, town, School Board, political subdivision of a state, special district or any other governmental entity shall be disclosed. Please indicate for each case the year, name of parties, cause of litigation, matter in dispute, disputed amount, and whether the award was for or against the Bidder. 2.45 RESOLUTION OF BID PROTESTS In accordance with Florida Statutes 120.57(3) and School Board Policy 6320, the following procedures shall be followed for the resolution of any bid protests: (a) The agency shall provide notice of a decision or intended decision concerning a solicitation, contract award, or exceptional purchase by electronic posting. This notice shall contain the following statement: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes." (b) Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72 -hour time periods provided by this paragraph. 1. In accordance with School Board Policy 6320, all formal written protests must be accompanied with a bond payable to the School Board of Brevard County equal to one percent (1%) of the total estimated contract value, but no less than $500 nor more than $5,000. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all costs and charges, which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. If the protester prevails, s/he shall recover from the District all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. 2. In accordance with School Board Policy 6320, failure to file a notice of intent to protest, or failure to file a formal written protest and bond within the time prescribed herein, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. (c) Upon receipt of the formal written protest that has been timely filed, the agency shall stop the solicitation or contract award process until the subject of the protest is resolved by final agency action, unless the agency head sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. (d) 1. The agency shall provide an opportunity to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of a formal written protest. 2. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to subsection (2) and applicable agency rules before a person whose qualifications have been prescribed by rules of the agency. 3. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is a disputed issue of material fact, the agency shall refer the protest to the division by electronic means through the division's website for proceedings under subsection (1). (e) Upon receipt of a formal written protest referred pursuant to this subsection, the director of the division shall expedite the hearing and assign an administrative law judge who shall commence a hearing within 30 days after the receipt of the formal written protest by the division and enter a recommended order within 30 days Page 21 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid after the hearing or within 30 days after receipt of the hearing transcript by the administrative law judge, whichever is later. Each party shall be allowed 10 days in which to submit written exceptions to the recommended order. A final order shall be entered by the agency within 30 days of the entry of a recommended order. The provisions of this paragraph may be waived upon stipulation by all parties. (f) In a protest to an invitation to bid or request for proposals procurement, no submissions made after the bid or proposal opening which amend or supplement the bid or proposal shall be considered. In a protest to an invitation to negotiate procurement, no submissions made after the agency announces its intent to award a contract, reject all replies, or withdraw the solicitation which amend or supplement the reply shall be considered. Unless otherwise provided by statute, the burden of proof shall rest with the party protesting the proposed agency action. In a competitive -procurement protest, other than a rejection of all bids, proposals, or replies, the administrative law judge shall conduct a de novo proceeding to determine whether the agency's proposed action is contrary to the agency's governing statutes, the agency's rules or policies, or the solicitation specifications. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid -protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review by an administrative law judge shall be whether the agency's intended action is illegal, arbitrary, dishonest, or fraudulent. (g) For purposes of this subsection, the definitions in s. 287.012 apply. 2.46 PREFERENCE TO FLORIDA BUSINESSES Effective July 1, 2012, when a School Board is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a contractor whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the School Board shall award an equal preference to the lowest responsible and responsive contractor having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a contractor whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to contractors having a principal place of business in that state, the preference to the lowest responsible and responsive contractor having a principal place of business in the State of Florida shall be 5 percent. F.S. 287.084(1)(a). A contractor whose principal place is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. F.S. 287.084(2). Please complete the form titled "Bidder's Statement of Principal Place of Business" and include it with your submittal. 2.47 DEFINITIONS As used in this Bid, the following terms shall have the meanings set forth below: Bidder: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the School Board to provide the product and/or services set forth herein. Contract Administrator: The School Board's Director of Purchasing and Warehouse Services or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the contract. Any changes to the resulting contract shall be done in writing and authorized by the School Board Chair or authorized designee. Contract: The document resulting from this solicitation between the School Board and the Bidder, including this bid, along with any written addenda and other written documents, which are expressly incorporated by reference. Contractor's Project Manager: The Project Manager has responsibility for administering this contract for the successful Bidder(s) and will be designated prior to the issue of the resulting Price Agreement or Purchase Order. Day: The word "day' means each calendar day or accumulation of calendar days. Director: The Director is the Director of Purchasing and Warehouse Services for the School Board. Page 22 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid Exceptions to Bid: An exception is defined as the Bidder's inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the bid. Respondent: The term "respondent" used herein refers to any dealer, manufacturer, representative, distributor, or business organization submitting an offer to the School Board in response to this invitation. Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. Respondent: The term "respondent" used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a contract and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer. School Board: The word School Board refers to the elected officials of the School Board of Brevard County, Florida, its duly authorized representatives, and any school, department, or unit within the School Board. School Board's Project Manager(s): The Project Manager(s) have responsibility for the day-to-day administration of the resulting contract for the School Board and will be designated prior to award of the resulting Purchase Order. School Board: The word School Board refers to the entity, The School Board of Brevard County, Florida. Using Agency: The term "using agency" used herein refers to any school, department, committee, authority, or another unit in the School Board using supplies or procuring contractual services as provided for in the Purchasing Department of the School Board. 3.0 SUBMITTAL REQUIREMENTS (Submit in the following order) A. Completed Invitation to Bid cover page including Florida Department of State Division of Corporations Number B. Completed Bid Submittal Form. C. Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's bid. Failure to return signed addenda may be cause for the bid to be considered non-responsive. D. Completed Attachment "A: Pricing Sheet" E. Samples as required on Attachment "A: Price Sheet." Please label with corresponding number on price sheet. F. Drug free workplace Certification. G. Debarment Certification. H. Emergency/Storm related Catastrophe -Contractor agreement form 1. Conflict of Interest- All bidders shall properly complete, have notarized and attach with their Bid Submittal the attached notarized disclosure statement of any potential conflict of interest that the bidder may have due to ownership, other clients, contracts or interests associated with this project. J. List at least three (3) recent references where the proposed product has been used within the past year. Use of the attached form will aid in evaluation. K. Certified Business Program Reciprocity Affidavit — If Applicable. L. Non -Disclosure Agreement for Confidential materials — any materials that qualify as "trade secrets" shall be segregated, clearly labeled and accompanied by an executed Non -Disclosure Agreement for Confidential Materials shall be submitted in this section. Page 23 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid M. All bidders shall supply their most recent financial statement, preferably a certified audit, or their most recent tax return and balance sheet. If submitting financial information that you would like to be classified as "confidential", complete and submit the Non -Disclosure Agreement for Confidential Materials paperwork; herein attached. N. Bidder's Statement of Principal Place of Business O. All contractors, including predecessors or related contractor or entity, shall identify any litigation in which they have been involved in, including arbitration and administrative proceedings, during the past five (5) years involving claims for excess of ten (10) percent of the contact value. Include a brief legal description of the dispute and its current status. Where the action or lawsuit involved a similar project as herein discussed, bidder shall describe the particular circumstances giving rise to the dispute. P. Local Business Tax Receipts Q. Current Request for Taxpayer Identification Number and Certification (Form W-9). R. Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct solicitation and/or project number and School Board contact person. S. The bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work -hours and after-hours, weekends, and holidays must be identified. T. If a contractor must subcontract any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted. The School Board of Brevard County also reserves the right to reject a bid or any bidder if the bid names a subcontractor who has previously failed to deliver on time contracts of similar nature, or who is not in a position to perform properly this award. The School Board of Brevard County reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. U. Bidder MUST SUBMIT WITHIN 48 HOURS OF REQUEST complete specifications and/or descriptive literature AND SAMPLE for make and model he is bidding. Bidder must indicate on bid price sheet make and model and manufacturer he is bidding. Failure to comply with this requirement may be cause for rejection of the bid. Page 24 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid BID SUBMITTAL FORM TO: The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 The undersigned hereby declare that [firm name] has carefully examined the specifications to furnish: IBT # 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid for which Bid Submittals were advertised to be received no later than 2:00 p.m., local time, on Tuesday, May 8, 2018 and further declare that will furnish the custodial supplies according to specifications. Complete Attachment A: Pricing Sheet All discounts and prices shall include all delivery charges and processing fees. SECTION B 1. Catalog(s) Name, Number, Title, Year/ Internet Website Catalog Address: 2. List any exclusions to the above discounts: 3 4 Balance of Product Line Discount Percentage (%): List any exceptions to this bid: 5. Minimum order dollar amount $ 6. Best Possible Delivery Schedule 7. Contact / Account Representative Address: City, State, Zip: Phone #: Fax#: F.O.B. Destination �� Additional Bid Submittal Requirements: A. Local Business Tax Receipts The jurisdiction in which the permanent business location resides (County/City) The above listed jurisdiction (must check one): ❑ Does issue local business tax receipts (formerly known as occupational licenses) and a copy of the local business tax receipt is included with bid submittal. ❑ Does not issue local business tax receipts. Page 25 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid ❑ This does not apply as bidder is exempt. Bidder must state reason of exemption and include documentation from jurisdiction stating exemption with bid submittal. B. Bankruptcy/Litigation Is your company in the process of any bankruptcy proceedings as herein described? YES ❑ NO ❑ Is your company involved in any litigation as herein described? YES ❑ NO ❑ Prompt Payment Terms: % Days; Net 45 Days Do you accept electronic funds transfer (ETF)? YES ❑ NO ❑ If yes, does your firm offer a discount? % Do you accept Purchase/Payment by Visa card? YES ❑ NO ❑ Have you supplied all the Submittal Requirements outlined below? ❑ Completed Invitation to Bid cover page ❑ Florida Department of State Division of Corporations Number ❑ Completed and executed Bid Submittal form ❑ Any addenda pertaining to this ITB ❑ Drug Free Certification ❑ Debarment Certification ❑ Emergency/Storm related Catastrophe -Contractor agreement form ❑ Conflict of Interest form ❑ References, in accordance with Section 2.12, Definition of Responsive and Responsible ❑ Certified Business Program Reciprocity Affidavit — If Applicable ❑ Non -disclosure for Confidential Materials ❑ Financial Information (if applicable) ❑ Bidder's Statement of Principal Place of Business ❑ Litigations/Bankruptcy ❑ Current W-9 ❑ Local Business Tax Receipts ❑ Insurance ❑ Contact Information ❑ Certification Statement regarding Scrutinized Companies The School Board of Brevard County, FL reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as they may deem to be in the best interest of the School Board. I hereby certify that I have read and understand the requirements of this Invitation to Bid (ITB) No. 18 -13- 078 -SH, "Custodial Supplies Catalog Discount Bid", and that I, as the bidder, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any contract(s) and/or other transactions required by award of this ITB. Company Per Signature Page 26 of 43 (Print name) Address City 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid State ZIP List local (Brevard County) office address if applicable and provide supporting documentation (Business Tax Receipt). Telephone E -Mail Address: Dunn & Bradstreet # Division of Corporations Registration Number: Fax Fed. I. D. # Page 27 of 43 18 -8 -078 -SH: Custodial Supplies Catalog Discount Bid DRUG FREE WORKPLACE CERTIFICATION FORM In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids 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 contractors have 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 and 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 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 nolo-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 in the employee's community, by any employee 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 firm complies fully with the above requirements. Contractor's Signature Page 28 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER 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 /V of the January 30, 1989, Federal Register (pages 4722-4733). ***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE ***** (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name Names and Titles of Authorized Representative(s) Signature(s) Page 29 of 43 ITB # 18 -B -078 -SH Custodial Supplies Catalog Discount Bid Bid Number & Name Date 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid INSTRUCTIONS FOR DEBARMENT CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out herein in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms" covered transaction", "debarred", "suspended", "ineligible', "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal', "proposal', "voluntarily exclude", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. 5. The prospective lower tier 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 with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions", without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a perspective participant in a lower tier covered transaction that it 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. 8. 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. 9. Except for transactions authorized under paragraph 5 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 with which this transaction may pursue available remedies, including suspension and/or debarment. Page 30 of 43 18 -8 -078 -SH: Custodial Supplies Catalog Discount Bid EMERGENCY / STORM RELATED CATASTROPHE AGREEMENT Due to Acts of God, Acts of Terrorism or War, any contractors working with the School Board shall acknowledge and agree to the following terms and conditions. This will allow the District to obtain Federal funding if available. CONDITIONS FOR EMERGENCY / HURRICANE OR DISASTER It is hereby made a part of this Invitation to Bid that before, during and after a public emergency, disaster, hurricane, flood or acts of God that the municipal government, through the School Board of Brevard County, shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation, which threatens public health and safety, as, determined by the School Board of Brevard County. Contractor agrees to rent/sell/lease all goods and services to the School Board of Brevard County or other government entity as opposed to a private citizen, on a first priority basis. The District expects to pay a fair and reasonable price for all products in the event of a disaster, emergency or hurricane. Contractor shall furnish a "24-hour" phone number in the event of such an emergency. I hereby understand and agree to the above statement: (Signature) (Print Name) (Title) Emergency Telephone Number: Home Telephone Number: Cellular Phone Number: Page 31 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid CONFLICT OF INTEREST FORM I HEREBY CERTIFY that 1. 1 (printed name) am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 3. The business nor any authorized representative or significant stakeholder of the business has been determined by judicial or administrative board action to be in noncompliance with or in violation of any provision/contract of the School Board of Brevard County, nor has any outstanding past due debt to the School Board of Brevard County, Florida; and 4. The School Board of Brevard County reserves the right to disqualify ITBs upon evidence of collusion with intent to defraud, or other illegal practices to include circumventing or manipulating the ITB process as required by law, upon the part of the Respondent(s), the District's Professional Consultant(s) or any District employee(s) who may, or may not, be involved in developing ITB specifications and/or firm ITB schedules. Multiple ITBs from an individual, partnership, corporation, association (formal or informal); firm under the same or different names shall not be considered. Reasonable grounds for believing that a Respondent has interest in multiple proposals for the same work shall be cause for rejection of all proposals in which such Respondent is believed to have an interest in. Any and/or all proposals shall be rejected if there is any reason to believe that collusion exists among one or more of the Respondents, the District's Professional Consultant(s) or District employees. Contractors involved in developing a ITB specification or contractors with knowledge of ITB specifications prior to the advertisement shall be disqualified from participating in the ITB process. EXCEPTIONS (List): Signature: Printed Name: Firm Name: Date: COUNTY OF STATE OF Sworn to and subscribed before me this day of 20 by who is personally known to me or who has produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: Commission Expires (Seal) Page 32 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid LIST OF THREE REFERENCES #1 Agency Address City, State, ZIP Contact Person Telephone/ Fax Email Date(s) of Service Type of Service Comments: #2 Agency Address City, State, ZIP Contact Person Telephone/ Fax Email Date(s) of Service Type of Service Comments: #3 Agency Address City, State, ZIP Contact Person Telephone/ Fax Email Date(s) of Service Type of Service Comments: Page 33 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid Notification Regarding Public Entity Crime and Discriminatory Contractor List Requirements And Disqualification Provision A. Pursuant to Florida Statutory requirements, potential Respondents are notified: 287.133(2)(a) A person or affiliate who has been placed on the convicted contractor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted contractor list. 287.133(2)(b) A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted contractor list for a period of 36 months following the date that person or affiliate was placed on the convicted contractor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted contractor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted contractor list so long as that person's name appears on the convicted contractor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory contractor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 287.134(2)(b) A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory contractor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory contractor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory contractor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory contractor list so long as that entity's name appears on the discriminatory contractor list. B. By submitting a proposal, the Respondent represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes, nor Section 287.134, Florida Statutes. C. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent's subcontractors and Respondent's implementer, if any, is not under investigation for violation of such statutes. D. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes. Page 34 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid Certified Business Program Reciprocity Affidavit The School Board has implemented a process to track specific categories of certified businesses (minority, women and/or service disabled veterans) as listed below and will accept certifications from the State of Florida Office of Supplier Asian American (A) African American (B) Hispanic American (C) Native American (D) American Woman (E) Service Disabled Veteran (V) ng Agency Name: *Certification Number: *Expiration Date: Attach copy of Certification from Certifying Agency *Required Information By signing and submitting this affidavit and business certification copy, 1 acknowledge individually and on behalf of the applicant business that the applicant and I understand that: • The attached business certification is a copy of an official business certification as issued by the State of Florida Office of Supplier Diversity or other government agency, and said business certification has not been modified, • All information and documents submitted to the School Board of Brevard County, Florida becomes an official public record. As such, the District bears no obligation to return to the applicant any items of original production or any copies of file documents, • The applicant consents to examinations of its books, records and premises and to interviews of its principals, employees, business contacts, creditors, and bonding companies by the District as necessary for the purpose of verifying the applicant's proof of certification, • The District may request additional documentation not requested on this contractor application, and • Pursuant to Section 287.094, Florida Statutes, the false representation of any entity as a minority business enterprise for the purpose of claiming certification as such under this reciprocity program may be punishable as a felony of a second degree. The certifying entity may initiate such disciplinary actions it deems appropriate including, but not limited to, forwarding pertinent information to the Department of Legal Affairs and/or certifying entity's legal counsel for investigation and possible prosecution. Further, applicant declares and affirms that ownership and management of this firm has not changed, except as indicated in the application/affidavit, during the past year since certification status was granted: Authorized Officer Name: Title: Company Name: Signature: On this day of , 20 personally appeared before me, the undersigned officer authorized to administer oaths, known to me the persons described in the foregoing affidavit who acknowledged that he/she execute the same in the capacity stated for the purpose therein contained. In witness whereof, I have hereunto set my hand and official seal; Notary Public: Form of Identification Presented: My Commission expires: Page 35 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid THF FVTV R.E OE G4G7 RI. CaA.'S SPACE. Ct�AST '4 NON -DISCLOSURE AGREEMENT For CONFIDENTIAL MATERIALS Solicitation # RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. Respondent: Address: This Agreement is entered into as of the date of the last signature set forth below between the School Board of Brevard County, a political subdivision of the State of Florida (the "District"), and the above named Respondent (hereinafter the "Respondent"). The School Board of Brevard County and the Respondent are collectively referred to as the "Parties" and may be referred to individually as a Party. RECITALS WHEREAS, the Respondent possesses certain confidential trade secret materials that it wishes to disclose to the School Board of Brevard County for the purpose of responding to an Invitation to Bid or otherwise conducting business with the School Board; and WHEREAS, the School Board desires to review such materials in order to evaluate the District's interest in negotiating and concluding an agreement for the purchase of certain products and services, or otherwise conducting business with the Respondent. NOW THEREFORE, in consideration of the mutual promises and premises contained herein, the receipt and sufficiency of which are hereby acknowledged, the School Board and the Respondent agree as follows: Confidential Materials. The Respondent warrants and represents to the School Board that the materials described in the attached Exhibit A (the "Confidential Materials") constitute trade secrets as defined by Section 812.081(1)(c), Florida Statutes, or financial statements required by the School Board for projects as defined in 119.071(1)(c), Florida Statutes. Subject to the terms and conditions of this Agreement, the School Board agrees not to disclose such Confidential Materials to third parties. Additional Materials. During the course of the negotiations or the business relationship with the School Board, the Respondent may disclose additional confidential or trade secret information to the District in which case the restrictions and obligations on the use and disclosure of the Confidential Materials imposed by this Agreement shall also apply to such additional information to the extent permitted by Florida law. Any such additional confidential or trade secret information shall be duly marked and stamped "confidential" or "trade secret" prior to delivery to the School Board, and shall be subject to this Agreement and Section 812.081(2), Florida Statutes, only if written receipt is provided by the School Board acknowledging receipt of such materials. Page 36 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid 3. Exclusions. For purposes of this Agreement, the term "Confidential Materials" does not include the following: (a) Information already known or independently developed by the School Board; (b) Information in the public domain through no wrongful act of the School Board; (c) Information received by the School Board from a third party who was legally free to disclose it; (d) Information disclosed by the Respondent to a third party without restriction on disclosure; (e) Information disclosed by requirement of law orjudicial order, including without limitation Chapter 119 Florida Statutes; or (f) Information that is disclosed with the prior written consent of the Respondent, but only to the extent permitted by such consent. 4. Non -Disclosure by Respondent. In the event that the School Board discloses confidential or trade secret information to Respondent, the Respondent agrees to not disclose such information to any third party or copy such information or use it for any purpose not explicitly set forth herein without the School Board's prior written consent. Further, upon conclusion of discussions or business transactions between the School Board and the Respondent, or at any time upon request of the School Board, Respondent agrees to return such information (including any copies) to the School Board. 5. Duty of Care. Each Party agrees to treat the other Party's confidential or trade secret information with the same degree of care, but not less than reasonable care, as the receiving Party normally takes to preserve and protect its own similar confidential information and to inform its employees of the confidential nature of the disclosing Party's information and of the requirement of nondisclosure. In the event either Party has actual knowledge of a breach of the nondisclosure requirements set forth in this Agreement, the Party acquiring such knowledge shall promptly inform the other Party and assist that Party in curing the disclosure, where possible, and preventing future disclosures. 6. Limitations of Florida Law. Respondent understands and agrees that its assertion that any item is confidential or a trade secret does not, in and of itself, render such material exempt from the Florida Public Records Law, Chapter 119 of the Florida Statutes, and that the School Board's ability to prevent disclosure of confidential and trade secret information may be subject to determination by a Florida court that such materials qualify for trade secret protection under Florida law. In the event a third party makes a public records request for the Confidential Materials or other materials deemed by Respondent to be confidential or a trade secret, the School Board may submit the materials to the court for inspection in camera as set forth in Section 119.07(1)(g) Florida Statutes. Respondent further understands that the School Board may be required to disclose such information if directed by a court of competent jurisdiction. 7. Indemnification by Respondent. In the event of any litigation instituted by a third party to compel the School Board to disclose such materials, Respondent shall, at its sole cost and expense, provide assistance to the School Board in defending the denial of the records request, and shall hold the School Board harmless from any claim for statutory costs and attorney's fees arising from the School Board's refusal to disclose such materials. 8. No Additional Obligations. This Agreement shall not be construed in any manner to be an obligation for either Party to enter into any subsequent contract or agreement. 9. Sovereign Immunity. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the School Board beyond any statutory limited waiver of immunity or limits of liability, which has been or which may be adopted by the Florida Legislature, regardless of the nature of any claim Page 37 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid which may arise, including but not limited to a claim sounding in tort, equity or contract. In no event shall the School Board be liable for any claim or claims for breach of contract, including without limitation the wrongful disclosure of confidential or trade secret information for an amount which exceeds, individually and collectively, the then current statutory limits of liability for tort claims. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the School Board, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 10. Notice. Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the Respondent designates the address set forth above as its place for receiving notice, and the School Board designates the following address for such notice: The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services, Pod 8, Room 802 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 11. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and venue for any action arising out of or relating to the subject matter of this Agreement shall be exclusively in Brevard County, Florida, or the Federal District Court for the Middle District of Florida, Orlando Division. 12. Respondent and the School Board hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to this Agreement for any litigation limited solely to the parties of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year as set forth below. The School Board of Brevard County, Florida M Respondent BY: NAME: Dawn Richer, CPPB, FCPA NAME: TITLE: Manager of Purchasing and Warehouse Svcs. TITLE: DATE: DATE: ATTEST: BY: NAME: TITLE: DATE: Page 38 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid *101".1111 DESCRIPTION OF CONFIDENTIAL MATERIALS Page 39 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid Certification Statement Prohibition Against Contracting with Scrutinized Companies I hereby swear or affirm that as if the date below this company is not listed on a Scrutinized Companies list created pursuant to 215.4725, 215.473, or 287.135, Florida Statutes. Pursuant to 287.135, Florida Statutes I further affirm that: 1. This company is not participating in a boycott of Israel such that is not refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. 2. This Company does not appear on the Scrutinize Companies with Activities in Sudan List where the State Board of Administration has established the following criteria: a. Have a material business relationship with the government of Sudan or a government -created project involving oil related, mineral extraction, or power generation activities, or b. Have a material business relationship involving the supply of military equipment, or c. Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or d. Have been complicit in the genocidal campaign in Darfur. 3. This Company does not appear on the Scrutinize Companies with Activities in the Iran Petroleum Energy Sector List where the State Board of Administration has established the following criteria: a. Have a material business relationship with the government of Iran or a government -created project involving oil related or mineral extraction activities, or b. Have made material investments with the effect of significantly enhancing Iran's petroleum sector. 4. This Company is not s engaged in business operations in Cuba or Syria. CONTRACTOR/COMPANY NAME: SIGNATURE and DATE: NAME AND TITLE: The scrutinized company list is maintained by the State Board of Administration and available at http://www.sbaflg.com/ Page 40 of 43 Not a submittal document 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 REPORT OF UNSATISFACTORY MATERIALS AND/OR SERVICE Purchase Order No. Bid No.: Contractor Name: User School/Dept.: Address: Prepared by: City, State, Zip: Date: Telephone No.: Principal/Dept. Head Signature: STATEMENT OF PROBLEM: (Specifics of Unsatisfactory Materials or Service) Use reverse side or attachments if necessary Contractor's Response to Complaint Attach supporting documentation To Above Referenced Contractor: The above complaint has been submitted by a Brevard County school and/or department. In the space below (or via attachment), kindly respond within 10 days. Failure to respond, or an unsatisfactory response, could result in withholding payment on your invoice, termination of contract, or could be cause for disqualification from future bidding with the School Board of Brevard County. Response: Contractor Representative: Signature: Date: Title: Telephone No: Page 41 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS To be completed by each bidder Name of Bidder: Identify state in which bidder has its principal place of business: If your principal place of business is the state of Florida, you do not need to proceed any further on this form. If outside of Florida, identify political subdivision (county or municipality) in which bidder has its principal place of business: NOTE: Florida Statute Section 287.084(2) states that "A contractor whose principal place of business is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state, or political subdivision, to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts." LEGAL OPINION REGARDING STATE BIDDING PREFERENCES (To be completed by the Attorney for an Out of State Contractor, please select one) ❑ The bidders principal place of business is in the State of and it is my legal opinion that the laws of that state do not -grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. ❑ The bidders principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state. (Please describe applicable preference(s) and identify applicable state laws): LEGAL OPINION REGARDING POLITICAL SUBDIVISION BIDDING PREFERENCES (To be completed by the Attorney for an Out of State Contractor, please select one) ❑ The bidders principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. ❑ The bidders principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision grant the followinq preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state. (Please describe applicable preference(s) and identify applicable state laws: Signature of out of state bidders' attorney: Printed name of out of state bidders' attorney: Address of out of state bidders' attorney: Telephone number of out of state bidders' attorney: Email of out of state bidders' attorney Attorneys' state(s) of bar admission: Page 42 of 43 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid STATEMENT OF NO BID The School Board of Brevard County, Florida Office of Purchasing & Warehouse Services 2700 Judge Fran Jamieson Way, Pod 8, Room 802 Viera, FL 32940-6601 Attn: Sean Hynes, Buyer II ITB # 18 -B -078 -SH: Custodial Supplies Catalog Discount Bid We, the undersigned, have decided not to bid for the following reasons. We do not handle products/services in this classification Opening date does not allow sufficient time to complete bid Cannot supply at this time Suitable but engaged in other work Quantity too small Cannot meet required delivery Equivalent not presently available Unable to meet specifications Unable to meet insurance/bond requirements Please remove our name from the Contractor file only for the commodity listed above Please remove our name from the School Board's entire Contractor files Other reasons or remarks We understand that if the "No Bid" letter is not returned by the bid due date, our name may be deleted from the School Board of Brevard County's Contractor list for this commodity. 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