Tables, Mobile, Folding

Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 June 27, 2022 Ernie Morris Enterprises Inc School Specialty, LLC W.B. Mason RE: ITB-022-22/DS Tables, Mobile, Folding Dear Sir/Madam: On Thursday, June 23rd, 2022, the Superintendents designee of Duval County Public Schools approved the award of bid ITB-022-22/DS Tables, Mobile, Folding. This is your official notification of bid award. This award is for the period from Date of Award through March 31, 2023. Purchase orders will be issued for these items as needed during the bid period. If you have any questions regarding this bid, please contact DeBowrah Stevens at (904) 858-4838 or

href="mailto:stevensd2@duvalschools.org">stevensd2@duvalschools.org . Please forward a copy of your insurance certificate as required per Special Condition #21 to DeBowrah Stevens. (Email and fax are both acceptable.) Thank you for your interest in Duval County Public Schools. Sincerely, Terrence Wright, Director DCPS Purchasing Services cc Anita Locke; DeBowrah Stevens Master Bid File DUVAL COUNTY PUBLIC SCHOOLS http://www.duvalschools.org/ mailto:stevensd2@duvalschools.org ITB-022-22/DS TABLES, MOBILE, FOLDING Date Opened: 04/14/22 BID TABULATION Item Description Qty Unit Price Extension Price Extension Price Extension Price Extension ITEMS #1 & #2 AWARDED ALL OR NONE 1 Table, mobile, Folding w/attached benches, 4 benches per unit, approx. 12'L x 53"W when open, 27"H VIRCO MTB152712, AMTAB MBT 12 27 DR OR ACCEPTABLE SUBSTITUTION 100 EACH $1,843.52 $184,352.00 NO BID NO BID NO BID NO BID $2,014.27 $201,427.00 $1,838.28 $183,828.00 $1,930.19 $193,019.40 2 Table, mobile, Folding w/attached benches, 4 benches per unit, approx. 12'L x 53"W when open, 29"H VIRCO MTB172912, AMTAB MBT 12 DR OR ACCEPTABLE SUBSTITUTION 150 EACH $1,843.52 $276,528.00 NO BID NO BID NO BID NO BID $2,014.27 $302,140.50 $1,838.28 $275,742.00 $1,930.19 $289,529.10 TOTAL ITEMS 1 & 2 $460,880.00 $0.00 $0.00 $503,567.50 $459,570.00 $482,548.50 ITEMS 3,4,5 WILL BE AWARDED TO THE SUCCESSFUL BIDDER FOR ITEMS 1 & 2 3 Replacement Bench - compatible with item 1 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION 1 EACH $509.41 $509.41 NO BID NO BID NO BID NO BID $170.76 $170.76 NO BID NO BID NO BID NO BID 4 Replacement Bench - compatible with item 2 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION 1 EACH $509.41 $509.41 NO BID NO BID NO BID NO BID $170.76 $170.76 NO BID NO BID NO BID NO BID 5 Replacement casters/wheels, compatible with item 1 & 2 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION 1 EACH $34.11 $34.11 NO BID NO BID NO BID NO BID $20.75 $20.75 NO BID NO BID NO BID NO BID ITEMS 6 & 7 AWARDED ALL OR NONE 6 Table, Mobile, Folding , Rectangular, Split top 30" x 96" 27"H AMTAB MT8DR-27 OR ACCEPTABLE SUBSTITUTION 1 EACH $1,040.00 $1,040.00 * * * * $1,164.35 $1,164.35 $869.20 $869.20 $912.66 $912.66 7 Table, Mobile, Folding , Rectangular, Split top 30" x 96" 29"H AMTAB MT8DR-29 OR ACCEPTABLE SUBSTITUTION 1 EACH $1,040.00 $1,040.00 * * * * $1,164.35 $1,164.35 $869.20 $869.20 $912.66 $912.66 TOTAL ITEMS 6 & 7 $2,080.00 $2,328.70 $1,738.40 $1,825.32 ITEMS 8 & 9 AWARDED ALL OR NONE 8 Table, Mobile, Folding, round, split top, 60" DIA, 27"H AMTAB MRD60DR-27 OR ACCEPTABLE SUBSTITUTION 1 EACH $863.52 $863.52 NO BID NO BID NO BID NO BID $1,080.60 $1,080.60 $816.96 $816.96 $857.81 $857.81 9 Table, Mobile, Folding, round, split top, 60" DIA, 29"H AMTAB MRD60DR-29 OR ACCEPTABLE SUBSTITUTION 1 EACH $863.52 $863.52 NO BID NO BID NO BID NO BID $1,080.60 $1,080.60 $816.96 $816.96 $857.81 $857.81 TOTAL ITEMS 8 & 9 $1,727.04 $0.00 $0.00 $2,161.20 $1,633.92 $1,715.62 ITEMS 10 & 11 AWARDED ALL OR NONE 10 Table, Mobile, Folding, Round, split top, 72" DIA 27"H AMTAB JRD 72 27 DR OR ACCEPTABLE SUBSTITUTION 1 EACH $1,000.00 $1,000.00 NO BID NO BID NO BID NO BID $1,299.40 $1,299.40 $939.00 $939.00 $985.95 $985.95 11 Table, Mobile, Folding, Round, split top, 72" DIA 29"H AMTAB MRD 72 DR OR ACCEPTABLE SUBSTITUTION 1 EACH $1,000.00 $1,000.00 NO BID NO BID NO BID NO BID $1,299.40 $1,299.40 $939.00 $939.00 $985.95 $985.95 TOTAL ITEMS 10 & 11 $2,000.00 $0.00 $0.00 $2,598.80 $1,878.00 $1,971.90 12 Table, Lightweight , Folding, 30" x 60" VIRCO CORE- A-GATOR 613060, , KI DL3060 OR ACCEPTABLE SUBSTITUTION 30 EACH $492.94 $14,788.20 ** ** ** ** NO BID NO BID ** ** ** ** 13 Table, Lightweight , Folding, 30" x 72" VIRCO CORE- A-GATOR 613072, KI DL3072 OR ACCEPTABLE SUBSTITUTION 1 EACH $512.94 $512.94 *** *** *** *** NO BID NO BID *** *** *** *** 14 Table, Lightweight , Folding, 36" x 72" VIRCO CORE- A-GATOR 613672, KI W06A OR ACCEPTABLE SUBSTITUTION 1 EACH $581.17 $581.17 **** **** **** **** NO BID NO BID NO BID NO BID NO BID NO BID 15 Table, Lightweight , Folding, Round, 60" VIRCO CORE-A-GATOR 6160R, KI DLR60 OR ACCEPTABLE SUBSTITUTION 1 EACH $589.41 $589.41 ***** ***** ***** ***** NO BID NO BID ***** ***** ***** ***** 16 Table, Convertible Bench, 96" SICO 8' T3C42, AMTAB 8' ACB8 NO SUBSTITUTE Note: KI Furniture 3 in 1 Convertible Bench Table Will not accepted for this bid. 1 EACH $1,016.47 $1,016.47 ****** ****** ****** ****** ****** ****** $1,038.85 $1,038.85 $1,090.79 $1,090.79 ERNIE MORRIS ENTERPRISES INC SCHOOLHOUSE PRODUCTS SCHOOL SPECIALTY LLC (OUT OF STATE VENDOR) 5% ADDED TO EXTENSION PRICE LAKESHORE LEARNING MATERIALS LLC (OUT OF STATE VENDOR) 5% ADDED TO EXTENSION PRICE Page 1 of 2 ITB-022-22/DS TABLES, MOBILE, FOLDING Date Opened: 04/14/22 BID TABULATION Item Description Qty Unit ITEMS #1 & #2 AWARDED ALL OR NONE 1 Table, mobile, Folding w/attached benches, 4 benches per unit, approx. 12'L x 53"W when open, 27"H VIRCO MTB152712, AMTAB MBT 12 27 DR OR ACCEPTABLE SUBSTITUTION 100 EACH 2 Table, mobile, Folding w/attached benches, 4 benches per unit, approx. 12'L x 53"W when open, 29"H VIRCO MTB172912, AMTAB MBT 12 DR OR ACCEPTABLE SUBSTITUTION 150 EACH TOTAL ITEMS 1 & 2 ITEMS 3,4,5 WILL BE AWARDED TO THE SUCCESSFUL BIDDER FOR ITEMS 1 & 2 3 Replacement Bench - compatible with item 1 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION 1 EACH 4 Replacement Bench - compatible with item 2 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION 1 EACH 5 Replacement casters/wheels, compatible with item 1 & 2 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION 1 EACH ITEMS 6 & 7 AWARDED ALL OR NONE 6 Table, Mobile, Folding , Rectangular, Split top 30" x 96" 27"H AMTAB MT8DR-27 OR ACCEPTABLE SUBSTITUTION 1 EACH 7 Table, Mobile, Folding , Rectangular, Split top 30" x 96" 29"H AMTAB MT8DR-29 OR ACCEPTABLE SUBSTITUTION 1 EACH TOTAL ITEMS 6 & 7 ITEMS 8 & 9 AWARDED ALL OR NONE 8 Table, Mobile, Folding, round, split top, 60" DIA, 27"H AMTAB MRD60DR-27 OR ACCEPTABLE SUBSTITUTION 1 EACH 9 Table, Mobile, Folding, round, split top, 60" DIA, 29"H AMTAB MRD60DR-29 OR ACCEPTABLE SUBSTITUTION 1 EACH TOTAL ITEMS 8 & 9 ITEMS 10 & 11 AWARDED ALL OR NONE 10 Table, Mobile, Folding, Round, split top, 72" DIA 27"H AMTAB JRD 72 27 DR OR ACCEPTABLE SUBSTITUTION 1 EACH 11 Table, Mobile, Folding, Round, split top, 72" DIA 29"H AMTAB MRD 72 DR OR ACCEPTABLE SUBSTITUTION 1 EACH TOTAL ITEMS 10 & 11 12 Table, Lightweight , Folding, 30" x 60" VIRCO CORE- A-GATOR 613060, , KI DL3060 OR ACCEPTABLE SUBSTITUTION 30 EACH 13 Table, Lightweight , Folding, 30" x 72" VIRCO CORE- A-GATOR 613072, KI DL3072 OR ACCEPTABLE SUBSTITUTION 1 EACH 14 Table, Lightweight , Folding, 36" x 72" VIRCO CORE- A-GATOR 613672, KI W06A OR ACCEPTABLE SUBSTITUTION 1 EACH 15 Table, Lightweight , Folding, Round, 60" VIRCO CORE-A-GATOR 6160R, KI DLR60 OR ACCEPTABLE SUBSTITUTION 1 EACH 16 Table, Convertible Bench, 96" SICO 8' T3C42, AMTAB 8' ACB8 NO SUBSTITUTE Note: KI Furniture 3 in 1 Convertible Bench Table Will not accepted for this bid. 1 EACH Price Extension Price Extension $2,040.81 $204,081.00 $2,142.85 $214,285.05 $1,740.00 $174,000.00 $1,827.00 $182,700.00 $2,040.81 $306,121.50 $2,142.85 $321,427.58 $1,740.00 $261,000.00 $1,827.00 $274,050.00 $510,202.50 $535,712.63 $435,000.00 $456,750.00 $44.00 $44.00 $46.20 $46.20 $455.00 $455.00 $477.75 $477.75 $44.00 $44.00 $46.20 $46.20 $455.00 $455.00 $477.75 $477.75 $58.50 $58.50 $61.43 $61.43 $49.00 $49.00 $51.45 $51.45 NO BID NO BID NO BID NO BID $950.00 $950.00 $997.50 $997.50 NO BID NO BID NO BID NO BID $950.00 $950.00 $997.50 $997.50 $1,900.00 $1,995.00 NO BID NO BID NO BID NO BID $1,010.00 $1,010.00 $1,060.50 $1,060.50 NO BID NO BID NO BID NO BID $1,010.00 $1,010.00 $1,060.50 $1,060.50 $2,020.00 $2,121.00 NO BID NO BID NO BID NO BID $1,200.00 $1,200.00 $1,260.00 $1,260.00 NO BID NO BID NO BID NO BID $1,200.00 $1,200.00 $1,260.00 $1,260.00 $2,400.00 $2,520.00 NO BID NO BID NO BID NO BID ** ** ** ** NO BID NO BID NO BID NO BID *** *** *** *** NO BID NO BID NO BID NO BID $512.00 $512.00 $537.60 $537.60 NO BID NO BID NO BID NO BID ***** ***** ***** ***** NO BID NO BID NO BID NO BID ****** ****** ****** ****** * ITEMS 6-7: LAKESHORE LEARNING REJECTED. ITEM OFFERED NOT ACCEPTABLE SUBSTITUTION PER SPECIFICATIONS IN BID. Prepared by: DeBowrah Stevens **ITEM 12: LAKESHORE LEARNING, SCHOOL SPECIALTY LLC AND W B MASON REJECTED. ITEM OFFERED NOT ACCEPTABLE SUBSTITUTION PER SPECIFICATIONS IN BID. Verified by: Cherdrica Forest ***ITEM 13: LAKESHORE LEARNING, SCHOOL SPECIALTY LLC AND W B MASON REJECTED. ITEM OFFERED NOT ACCEPTABLE SUBSTITUTION PER SPECIFICATIONS IN BID. Date: 6/14/22 ****ITEM 14: LAKESHORE LEARNING REJECTED. ITEM OFFERED NOT ACCEPTABLE SUBSTITUTION PER SPECIFICATIONS IN BID. Award = *****ITEM 15: LAKESHORE LEARNING, SCHOOL SPECIALTY LLC AND W B MASON REJECTED. ITEM OFFERED NOT ACCEPTABLE SUBSTITUTION PER SPECIFICATIONS IN BID. ******ITEM 16: LAKESHORE LEARNING, SCHOOL SPECIALTY LLC AND W B MASON REJECTED. OFFERED SUBSTITUTE, WHEN BID SPECIFIES NO SUBSTITUE. W B MASON (OUT OF STATE VENDOR) 5% ADDED TO EXTENSION PRICE VIRCO INC (OUT OF STATE VENDOR) 5% ADDED TO EXTENSION PRICE Page 2 of 2 Addendum No. 1 ITB-022-22/DS ADDENDUM NO. 1 Information Only www.duvalschools.org/purchasing Issue Date: April 08, 2022 Phone: 904-858-4838 Buyer: DeBowrah Stevens Bid Number: ITB-022-22/DS Bid Title: Tables, Mobile, Folding Term of Bid: Date of Award through March 31, 2023 Opening: Thursday, April 14, 2022, 2:00 pm. Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Purpose: To replace Authority to Resolve Protested Solicitations and Awards with Protest Policy School Board Policy 7.70. DUVAL COUNTY PUBLIC SCHOOLS http://www.duvalschools.org/purchasing Addendum No. 1 ITB-022-22/DS Protest Policy School Board Policy 7.70 V. Protests Arising From The Contract Solicitation or Award Process A. This section implements section 120.57(3), Florida Statutes and Chapter 28-110, Florida Administrative Code. a. School District's Notice of Decision or Intended Decision. Pursuant to section 120.57(3), Florida Statutes, the Director of Purchasing shall post notice of a Decision or Intended Decision concerning a solicitation or contract award arising out of the contract solicitation or award process by electronic posting. Electronic posting or electronically post means the noticing of solicitations, agency decisions or intended decisions, or other matters relating to procurement on a centralized Internet website designated for this purpose. 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 a bond or other security, as may be required by law, within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." b. Notice of Protest. In a contract procurement process, any person who is adversely affected by the agency Decision or Intended Decision and intends to protest the Decision or Intended Decision, shall file a notice of protest in writing with the school districts Agency Clerk (Executive Director, Office of Policy and Compliance) within seventy-two (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 with the Agency Clerk in writing within seventy-two (72) hours after the posting of the solicitation. i. A notice of protest should not be filed before the seventy-two (72) hour period begins. The seventy-two (72) hour period begins upon posting of the Decision or Intended Decision. ii. The notice of protest must be actually received by the Agency Clerk before the seventy-two (72) hour period expires. The seventy-two (72) hour period excludes Saturdays, Sundays, and holidays when the school districts administrative office is closed. The seventy-two (72) hour period is not extended by service of the notice of protest by mail. Failure to timely file a notice of protest shall constitute a waiver of proceedings under this section and section 120.57(3), Florida Statutes. iii. The notice of protest shall identify the procurement by number and title or any other language that will clearly enable the Agency Clerk to identify it; and it shall state that the person intends to protest the decision. Addendum No. 1 ITB-022-22/DS c. Formal Written Protest. The protester shall file a formal written protest with the Agency Clerk within ten (10) days after the date the notice of protest is filed. Failure to timely file the formal written protest shall constitute a waiver of proceedings under this Policy and section 120.57(3), Florida Statutes. The ten (10) day period for filing the petition is not extended by service of the petition by mail. i. The formal written protest shall: A. state with particularity the facts and law upon which the protest is based; B. contain all the information specified in Rule 28-106.201(2), Florida Administrative Code and Rule 28-106.301(2), Florida Administrative Code; and C. be substantially in the form of a petition set forth in Rule 28-110.004(2), Florida Administrative Code, naming "The School Board of Duval County, Florida" as the Respondent. ii. Pursuant to Rule 28-110.004(1), Florida Administrative Code, if the formal written protest is filed in proper form within the seventy-two (72) hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest, and all time limits applicable to a notice of protest are waived and the time limits relative to formal written protests shall apply. iii. Posting the Bond. The party protesting the bid specification or recommended award shall be required to post a bond in a form consistent with Rule 28-110.005(2), Florida Administrative Code and timely submit that bond to the School District Purchasing Department. iv. Bond: Commodities (Other than Lease of Space) and Contractual Services (Including Professional Services and Insurance). Any person who files an action protesting a Decision or Intended Decision pertaining to a solicitation or contract award shall post with the Director of Purchasing, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida, payable to The School Board of Duval County, Florida in an amount equal to one percent (1%) of the School District's estimate of the dollar value of the proposed contract. A. The School District shall provide the estimated contract amount to the protester within seventy-two (72) hours (excluding Saturdays, Sundays, and holidays when the School District administrative office is closed) after the filing of the notice of protest. The estimated contract amount is not subject to protest under this Policy or section 120.57(3), Florida Statutes. This information may be provided as part of the Decision or Intended Decision documents. In lieu of a bond, the Director of Purchasing may accept a cashier's check, official bank Addendum No. 1 ITB-022-22/DS check, or money order in the amount of the bond. B. The bond shall be conditioned upon the payment of all costs and charges which may be adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. C. If, after completion of the administrative hearing process and any appellate court proceedings, the School Board prevails, it shall be entitled to recover all costs and charges which are included in the final order or judgment, excluding attorney's fees. Upon payment of such costs and charges by the person protesting the Decision or Intended Decision or contract award, the bond, cashier's check, official bank check, or money order shall be returned to the protestor. If, after the completion of the administrative hearing process and any appellate court proceedings, the protestor prevails, the protestor may recover from the School Board the costs and charges which are included in the final order or judgment, excluding attorney's fees. v. Bond: Construction Purchasing. Protesters regarding competitive procurement related to educational facilities shall be required to post a bond in the amount specified in section 255.0516, Florida Statutes, which also governs recovery of fees and costs including attorney's fees. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, protesters shall post a bond in the amount of one percent (1%) of the School Districts estimate of the dollar value of the proposed contract or $5,000, whichever is greater. d. Staying the Procurement Process. Upon timely receipt of the formal written protest, the solicitation or contract award process shall be stopped until the subject of the protest is resolved by final agency action, unless the Director of Purchasing 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. e. Informal Resolution Meeting. The Director of Purchasing shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days (excluding Saturdays, Sundays, and holidays when the School District administrative offices are closed) of receipt of the formal written protest. All affected parties shall be notified of the notice of protest. f. Hearing. If the protest is not resolved by mutual agreement within seven (7) days (excluding Saturdays, Sundays, and holidays when the school districts administrative offices are closed) after receipt of the formal written protest; and A. if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to section 120.57(2), Florida Statutes and applicable Board Policies, and may be conducted before a hearing officer designated by the Addendum No. 1 ITB-022-22/DS Superintendent; or B. if there is a disputed issue of material fact, as determined by the Agency Clerk, in accordance with section 120.569, Florida Statutes, the protest shall be referred within fifteen (15) days after the Agency Clerk receives the Formal Written Protest to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes. ii. As stated in section 120.57(3)(f), Florida Statutes, the burden of proof shall rest with the party protesting the proposed agency action. A. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review shall be whether the School Board's intended action is illegal, arbitrary, dishonest, or fraudulent. B. In competitive-procurement protests other than those contesting an intended agency action to reject all bids, proposals, or replies, the hearing officer or administrative law judge will conduct a de novo proceeding to determine whether the School Board's proposed action is contrary to the governing statutes, the School Board's Policies, or the solicitation documents. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. INVITATION TO BID www.duvalschools.org/purchasing March 08, 2022 Buyer: DeBowrah Stevens Phone: 904-858-4838 Bid Number: ITB-022-22/DS Bid Title: TABLES, MOBILE, FOLDING Term of Bid: DATE OF AWARD THROUGH March 31, 2023 Opening: Thursday, April 14, 2022 at 2:00 p.m. Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Submit Bid To: DCPS Purchasing Services / 1701 Prudential Drive, Ste 322, Jacksonville, FL 32207 Special Requirements: VENDORS MAY NOT HOLD INDIVIDUAL PURCHASE ORDERS TO COMBINE WITH ORDERS AT A LATER DATE. BIDDER ACKNOWLEDGEMENT This form must be completed, returned, and include an original signature for bid to be considered. By signing below, I attest that I have acquainted myself with the general conditions, special conditions and specifications of this bid, and agree to comply with them all; in addition, I certify that I am authorized to obligate on behalf of the bidder. Bid documents shall be submitted in a sealed envelope clearly marked with this bid number, opening date and time. Legal Name of Firm: Mailing Address: City, State, Zip Code: Telephone: Toll Free: Fax: Email Address: Internet URL: Federal ID # or SS #: Duns #: If you are a certified minority, state certifying agency: Payments will be made in accordance with Florida Statute 218. Form of Payment accepted: Credit Card __ or ACH _____ (see Special Condition #26) Initial Initial Delivery can be made within calendar days after receipt of order. Addenda through received. (if applicable) Original Signature of Authorized Representative: Printed/Typed Name of Authorized Representative: Title: Date: DUVAL COUNTY PUBLIC SCHOOLS http://www.duvalschools.org/purchasing NOTICE TO BIDDERS The State of Florida has amended Chapters 283.35 and 287.084, Florida Statutes effective July 1, 2012. These amendments require political subdivisions of the state (with the exception of counties or municipalities) to give local preference in making purchases of printing services or personal property through a competitive solicitation process. Therefore, bidders who indicate on the Bidder Acknowledgement Form that their principal place of business is outside of the State of Florida shall also complete and submit with their bid the enclosed Opinion of Out-Of-State Bidders Attorney on Bidding Preferences. Failure of an out-of-state bidder to submit the completed form will render their bid non- responsive. LOCAL PREFERENCE: When the lowest bid is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. OPINION OF OUT-OF-STATE BIDDERS ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for any Bidder who is Out-of-State as indicated on the Bidder Acknowledgement Form. Failure of an Out-of-State Bidder to submit this form will render their bid non-responsive.) NOTICE: Section 287.084(2), Fla. Stat., provides that a vendor 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 thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. See below and see also s. 287.084(1), Fla. Stat. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (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 law(s)]: ____________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (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 political subdivision. ______ The bidders principal place of business is in the political subdivision of ________________ and the laws of that political subdivision 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 political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: ______________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 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 address of out-of-state bidders attorney: _________________________________________________________ Attorneys states of bar admission: ___________________________________________________________________ IMPORTANT: Include with your bid the written legal opinion of the attorney licensed to practice law in the out-of- state jurisdiction, as required by s. 287.084(2), Fla. Stat. Such opinion should permit DCPSs reliance on such attorneys opinion for purposes of complying with s. 287.084(2), Fla. Stat. GENERAL CONDITIONS 1. RESERVATIONS: Duval County Public Schools reserves the right to reject any or all bids or any part thereof and/or waive informalities if such action is deemed in the best interest of Duval County Public Schools. Duval County Public Schools reserves the right to cancel any contract, if in its opinion, there be a failure at any time to perform adequately the stipulations of this invitation to bid, and general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to willfully impose upon Duval County Public Schools materials or products or workmanship which is, in the opinion of Duval County Public Schools, of an unacceptable quality. Any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claim of Duval County Public Schools to damages for the breach of any covenants of the contract by the contractor. Duval County Public Schools also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned in this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract, Duval County Public Schools reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bond is required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, Duval County Public Schools reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of Duval County Public Schools thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE/SHE SHOULD CONTACT THE BUYER IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS/HER BID. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted under the terms and intent of this bid. 2. QUOTATIONS: No bidder will be allowed to offer more than one price on each item even though he/she may feel that he/she has two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM, ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF PURCHASING. 3. TAXES: Duval County Public Schools is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No. 85-8013988912C-0. 4. CARTAGE: No charge will be allowed for cartage or packages unless by special agreement. 5. OR ACCEPTABLE SUBSTITUTION: Even though a particular manufacturers name or brand is specified, bids will be considered on other brands or on the product of other manufacturers. On all such bids the bidder shall indicate clearly the product (brand and model number) on which he/she is bidding, and shall supply a sample or sufficient data in detail to enable an informed comparison to be made with the particular brand or manufacturer specified. All samples shall be submitted in accordance with procedures outlined in paragraph on SAMPLES. Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of bid. 6. DEVIATIONS FROM SPECIFICATIONS: In addition to the requirements of paragraph 5, all deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to Duval County Public Schools to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and or equipment when delivered. 7. DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a. Whenever the specifications indicate a product of a particular manufacture, model, or brand in the absence of any statement to the contrary by the bidder, the bid will be interpreted as being for the exact brand, model, or manufacture specified, together with all accessories, qualities, tolerances, composition, etc., enumerated in the detailed specifications. b. If no particular brand, model or make is specified, and if no data is required to be submitted with the bid, the successful contractor, after award and before manufacture or shipment, may be required to submit working drawings or detailed descriptive data sufficient to enable Duval County Public Schools to judge if each requirement of the specifications is being met. 8. SAMPLES: The samples submitted by bidders on items which they have received an award may be retained by Duval County Public Schools until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Sample on which bidders are unsuccessful must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted. Duval County Public Schools will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. Duval County Public Schools reserves the right to consume any or all samples for testing purposes. Bidders shall make all arrangements for delivery of samples to place designated as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All sample packages shall be marked Sample for Purchasing Services and each sample shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. Failure to the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid. 9. PERFORMANCE BOND: The successful bidder on this bid must furnish a performance bond if indicated on the bid cover, made out to Duval County Public Schools, prepared on an approved form, as security for the faithful performance of his/her contract within ten days of his/her notification that his/her bid has been accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Florida. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. The successful bidder or bidders upon failure or refusal to furnish within ten days after his/her notification the required performance bond, shall pay to Duval County Public Schools as liquidated damages for each failure or refusal an amount in cash equal to the security deposited with his/her bid. 10. GUARANTEE: The contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him/her for a period of one year from date of acceptance of the items delivered and installed, unless otherwise specified herein. If, within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of Duval County Public Schools are due to faulty design and installation, workmanship, or materials, upon ratification, the contractor, at his/her expense, shall repair or adjust the equipment or parts to correct the condition, or he/she shall replace the part or entire unit to the complete satisfaction of Duval County Public Schools. These repairs, replacements or adjustments shall be made only at such times as will be designated by Duval County Public Schools as least detrimental to the operation of Duval County Public Schools business. 11. DISCOUNTS: all discounts to be included in bid price. 12. COLLUSION: the bidder, by affixing his/her signature to this proposal, agrees to the following: bidder certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items; and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 13. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidders own risk and he/she cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error in extension of prices in the bid, the unit price shall govern. 14. All bid responses are to be submitted in typewritten form or submitted in ink. Responses received in pencil will not be accepted. 15. LOCAL PREFERENCE: When the lowest bid for printing services or for personal property is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. Bid No. ITB-022-22/DS CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no official or employee of Duval County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company. ________________________________ ________________________________ Signature Company Name ________________________________ ________________________________ Name of Official (Type or print) Business Address ________________________________ City, State, Zip Code SECTION II I hereby certify that the following named Duval County Public Schools official(s) and employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida, prior to bid opening. Name Title or Position Date of Filing ___________________________ ______________________ ___________________ ___________________________ ______________________ ___________________ _________________________________ ________________________________ Signature Company Name _________________________________ ________________________________ Print Name of Certifying Official Business Address ________________________________ City, State, Zip Code SUBMISSION OF BIDS Bids must be submitted prior to the time set for opening. Bids are to be delivered to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, Florida 32207. Bidders are fully responsible for delivery of bids. Reliance upon mail or public carrier is at the bidders risk. For bids delivered in person, it is the responsibility of the deliverer to obtain a delivery receipt from the Purchasing Services staff person who has received the bid. Late bids are not considered and will be returned unopened. Official time, for the purpose of bid opening, will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. ********* NOTE ********* Bid documents shall be submitted in a sealed envelope clearly marked with the bid number as found on the Bidder Acknowledgement page, opening date and time. Failure to do so will result in your bid being returned unopened. Faxed or e-mailed bids will not be accepted. BID OPENING PROCEDURES Bids will be opened publicly in the Conference Room at 2:00 p.m. Prices will be read upon the request of bidder(s) in attendance. Pricing read during bid opening, is for informational purposes only. Prices will be verified during the bid evaluation process. Arrangements may be made to review bid documents at a later date. . AWARD RECOMMENDATION AND BID TABULATION For Award Recommendation, refer to Special Condition titled Posting of Bid Recommendation. Bid Tabulation will be posted on the web after contract award has been made. www.duvalschools.org/purchasing or www.demandstar.com Bid results or award recommendations will not be given by telephone. POSTING OF BID TABULATIONS Bid tabulations will be posted at Duval County Public Schools, Purchasing Services Department, 1701 Prudential Drive, Suite 322, Jacksonville, FL 32207. Awarded vendors will receive an official Notification of Award letter after the Board has taken action. http://www.timeanddate.com/worldclock/results.html?query=jacksonville http://www.duvalschools.org/purchasing http://www.demandstar.com/ DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published 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) Informed employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given 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), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or 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) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employees 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. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. _________________________________________ VENDORS SIGNATURE/DATE _________________________________________ COMPANY NAME Lower Tier Debarment Certification (Computer generated facsimile, Version 2, 6/98 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 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 or 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 which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had 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, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, 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 proposal that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction, 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 prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, 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 List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, 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 originated may pursue available remedies, including suspension and/or debarment. CERTIFICATION (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 or 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. ITB-022-22/DS______________ Organization Name PR/Award or Project Name Name Title Signature Date AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS 1) Any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support, or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after bid opening or after recommendation of award, if not to the apparent low bidder, or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the 4th calendar day immediately following the bid opening or receipt of notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next Duval County School Board (DCSB) work day. Protests shall be presented with specificity, and every issue shall be fully documented. 2) The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. 3) The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. 4) All bidders or offerors shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. 5) The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. 6) The Hearing Officer shall issue his/her decision within five (5) working days of the completion of the protest hearing. 7) The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. 8) The DCSB does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any bidder or offeror utilizing delivery by fax shall assume the risk associated with incomplete delivery or nonreceipt. 9) Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the prospective bidder or offeror but no later than 10 days prior to the date of bid opening or proposal due date. BID NO. ITB-022-22/DS TABLES, MOBILE, FOLDING Opening Date: April 14, 2022 NO-BID FORM If your firm cannot submit a bid at this time, please provide the information requested in the space provided below and return it to (or fax it to 904-858-4838): Duval County Public Schools Purchasing Services 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 We are unable to submit a bid at this time due to the following reason(s): Name of Firm: Signature and Title: Street Address or P.O. Box: City, State, Zip Code: RETURN THIS FORM ONLY. DO NOT RETURN BID PACKAGE. Bid No. ITB-022-22/DS SC 1 SPECIAL CONDITIONS 1. PURPOSE: Purpose of this bid is to establish firm prices and a source of supply for furnishing and delivering Tables, Mobile, Folding, to be purchased by Duval County Public Schools (DCPS) for the period from Date of Award through March 31, 2023. 2. RENEWAL: Upon written mutual agreement between Contractor and Duval County Public Schools, contract may be renewed at anniversary date for two additional one-year periods, subject to the same provisions, terms, conditions, specifications and prices as originally awarded. 3. AWARD: Will be by item or all-or-none group, as indicated on the Bid Proposal Form. All items within a group must be bid for an all-or-none award. Note that this is a source of supply bid; all items in a group will not necessarily be ordered at one time. For purposes of evaluation, this form will be interpreted as follows: Unit price: Unit price should be numeric. Unit prices left blank will be deemed no bid, and a unit price of $0 will be deemed included at no charge. Item Bid: Item bid should be the manufacturer & model # or name of product you will supply if awarded. If left blank or as specified is entered the item will be considered to have insufficient information to evaluate. Failure to respond as requested may result in rejection of item(s) as non-responsive. 4. BID EVALUATION PROCESS: Bids are initially reviewed for determination of compliance with submittal requirements as found in the bid instructions. Those bids that are non-compliant are removed from consideration and are not included on the bid tabulation. Examples of non-compliant bids are: bids that do not bear the signature of an individual authorized to obligate on behalf of the company; bids submitted with line items corrected by the use of correction fluid (only the corrected items are considered non-compliant); bids submitted with line items that are correct but not initialed by the originator (only the corrected items are considered non-compliant); any bid submitted that contains a material deviation from the bid submittal instructions. Tabulated bids are then evaluated on the basis of price. The lowest price bid will be evaluated to determine responsiveness. If the bid is responsive, it will be recommended for award. If the bid is not responsive, it will not be recommended for award and the next lowest price bid will be evaluated to determine responsiveness. This process will continue in succession until the lowest responsive bid is evaluated and is recommended for award. If the bid contains multiple items that are to be awarded independently, this process is completed for each item in the bid 5. PURCHASES: Award does not constitute an order. Before any shipments can be made, the vendor must receive a School District Purchase Order, an internal accounts Purchase Order or a Procurement Card Authorization. 6. POSTING OF BID RECOMMENDATION: Recommendation for Award will be posted in Purchasing Services on or about April 29, 2022 and will remain posted for 72 consecutive hours. For exact date and time, please contact the buyer named below. 7. QUESTIONS: Any questions and/or request for additional information should be directed to DeBowrah Stevens, in Purchasing Services via email at: stevensd2@duvalschools.org placing this bid number (ITB-022-22/DS) in the subject header. Deadline for questions shall be 12:00 noon EST on March 30, 2022. Questions received after this date will not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda to all parties recorded by Purchasing Services as having received the Bid Documents. No verbal or written information obtained other than by information in this document or by written addendum to this bid will be binding on the District. mailto:stevensd2@duvalschools.org Bid No. ITB-022-22/DS SC 2 6. EX PARTE COMMUNICATION: Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with District personnel involved with or related to this ITB, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the respondents bid. Ex parte communication regarding this solicitation, whether verbal or written, by any potential respondent or representative of any potential respondent to this ITB with Board members is also prohibited and will result in the disqualification of the bidder. Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective respondent are necessary for, and solely related to, the ordinal course of business concerning the DISTRICTS existing contract(s) for the materials or services addressed in this ITB. 7. LINE ITEM BIDS AND CORRECTIONS: All prices submitted on the Bid Proposal Form shall be indelible. The use of correction fluid or erasures to correct line item bid prices and/or quantities are not acceptable. Corrections must be by lineout of the incorrect figures, writing in of correct figures, and initialing of the corrections by the originator. Correction fluid or erasure corrected bids will be considered non-responsive for the corrected item(s) only. 8. UNITS OF MEASURE AND LOT SIZES: The item unit of measure shall be as indicated on the Bid Proposal Form. If manufacturers standard packaging is different than the quantity listed, it shall be the vendors responsibility to convert the bid price to the requested unit of measure. Bids received for items that have not been converted to the requested units of measure shall be considered non- responsive. Additionally, bidders must indicate the units of measure they are able to supply. 9. QUANTITIES: The items listed in this solicitation will be ordered on an AS NEEDED basis by the Duval County School System. No firm statement of quantity, totally or individually, can be made. The column headed ESTIMATED QUANTITY is for information only and does not bind the Duval County School Board to make any purchases under items of this bid. Estimated quantities are based on prior bids usage. The minimum order is one (1) each unless otherwise noted. 10. SPECIFICATION ERRORS: In the event of a discrepancy between specifications and the make/model listed for an item or items, specifications shall take precedence for the purposes of the bid. 11. COLORS/FINISHES/CATALOGS: Standard colors and finishes will be chosen at time of order. Finish samples/color chips are requested to be submitted with bid and must be submitted prior to recommendation for award. All samples/chips must be identified by bid item number. When requested by a school or department, vendor must provide color chips. When submitting a catalog, list on the Bid Proposal Form for each item bid the catalog page number. When requested by a school or department, vendor must provide a catalog. 12. DELIVERY: F.O.B. Destination/Inside Delivery various locations per individual purchase order, unpacked, setup and ready. Do not ship prior to receipt of purchase order. Delivery will be made within thirty (30) days from date of receipt of purchase order. The Buyer must approve all exceptions. When reasonable, exceptions will be granted. However, if it will cause an out-of-stock or emergency situation, DCPS will have the option to cancel that purchase order and procure the commodity elsewhere. Bid No. ITB-022-22/DS SC 3 Stock items information only in the event our warehouse elects to purchase items from this bid. No items specified on this bid are to be priced as stock items with tailgate delivery only. STOCK ITEMS: F.O.B. TAILGATE DELIVERY. Items must be palletized, or it will be the responsibility of the delivery driver to assist in the unloading process. Unloading process means the driver will assist DCPS personnel to put the material on a pallet or driver will bring material to the back of the truck for DCPS personnel to palletize and unload. Do not ship prior to receipt of purchase order. Telephone (904) 858-1499 twenty-four (24) hours in advance for delivery appointment. Deliver prior to 3:00 P.M. to Door #5, 4880 Bulls Bay Highway, Jacksonville, Fl 32219 Failure to deliver in accordance with the above instructions may result in the bidder being disqualified from conducting business with DCPS. NOTE: VENDORS MAY NOT HOLD INDIVIDUAL PURCHASE ORDERS FOR NON-STOCK OR STOCK ITEMS TO COMBINE WITH ORDERS AT A LATER DATE. 13. ACCEPTABLE SUBSTITUTIONS: Where a particular brand/make/stock number is listed in Bid Proposal Forms, such reference has been made solely for the purpose of more clearly defining the general description of the product desired and the standard of minimum quality and construction acceptable. Products of other manufacturers of equal grade and quality and substantially similar in design, materials and workmanship may be submitted for consideration. The bidder must however, clearly identify in his/her proposal the articles or products offered. Bidder should enter brand and model of item offered. 14. DISCONTINUED ITEMS: If during the contract period an item is discontinued by the manufacturer and the manufacturer offers a replacement, bidder must contact the buyer prior to any shipment of replacement items for approval. 15. SPECIFICATIONS/DESCRIPTIVE LITERATURE: Complete technical specifications, together with illustrative materials providing brand name and model number of the item, are requested to accompany bid. This request is for all items bid, including the specified models. Non-compliance with this condition may cause the item not to be considered for award. Each bidder is requested to submit one copy of full descriptive data for each item where bidding an alternate to the brand specified. The literature furnished must be identified to show the item in the bid to which it pertains. 16. SAMPLES: Samples may be required AFTER bid opening. When requested, samples must be furnished within five (5) working days. Bidder will be notified via fax or e-mail. Samples must be furnished and retrieved at no expense to DCPS. Samples of items awarded may be retained for comparison with items furnished. Samples not destroyed in testing must be picked up within THIRTY (30) DAYS AFTER BID AWARD OR THEY BECOME THE PROPERTY OF DCPS. 17. WARRANTY: The warranty for equipment, after delivery and acceptance by the school or department, shall by for five (5) years or manufacturers warranty, whichever is greater. The successful vendor will be responsible for repairing each unit during the warranty period, at no cost to DCPS. Vendor agrees to repair and return equipment within five (5) days from receipt of receipt of request or provide a temporary replacement. See warranty form Attachment A. 18. PERSONNEL CONDUCT: All individuals performing services under this contract shall adhere to DCPS rules and regulations regarding appropriate attire, prohibition of smoking, usage of proper language, prohibition of use and possession of controlled substances and alcoholic beverages, prohibition, of the possession of firearms, either on their person or in their personal vehicles and any other restrictions or prohibitions as may apply. Radios and other portable music playing equipment will not be allowed on any DCPS sites. Additionally, all individuals will adhere to and comply with the Bid No. ITB-022-22/DS SC 4 requirements as set forth. Contractor shall notify department or school office personnel and follow customary check-in procedures when they are physically on-site at any DCPS facility. All contractor personnel are required to wear clothing identifying contractor by either name or logo, and to have in possession and present upon request, by DCPS personnel, a form of picture identification (i.e. - drivers license, ID card) AND a DCPS Vendor Badge. Failure of Contractor's personnel to adhere to DCPS rules and regulations described herein will result in removal of the individual(s) from the job site. 19. SAFETY: The Bidder shall take all reasonable precautions for the safety and shall provide all reasonable protection to prevent damage, injury or loss to persons, students and employees of DCPS. The Bidder shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as they are applicable. 20. CLEAN UP: The contractor at all times shall keep the premises free from accumulations of waste materials or rubbish caused by his operations. At the completion of the work, shall remove all waste materials and rubbish from and about the work site as well as tools, equipment, machinery and surplus materials. Use of school dumpsters is not permitted for disposal of contractor material. If the contractor fails to clean up at the completion of the work, DCPS may do so and the cost shall be charged to the contractor. Any costs caused by defective or ill-timed work shall be borne by the contractor. All damage to fences, structures, sod, or other property will be promptly repaired at the contractors expense. 21. INSURANCE: A. Description of the VENDOR/CONTRACTOR Required Insurance. Without limiting any of the other obligations or liabilities of the VENDOR/CONTRACTOR, the VENDOR/CONTRACTOR shall, at the VENDOR/CONTRACTORs sole expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth herein. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by DCPS and shall be maintained in force throughout the term of this Agreement. 1. Workers Compensation/Employers Liability. The Workers Compensation/Employers Liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements set forth herein. (a) The VENDOR/CONTRACTORs insurance shall cover the VENDOR/CONTRACTOR (and to the extent its Subcontractors and Sub-subcontractors are not otherwise insured, its Subcontractors and Sub-subcontractors) for those sources of liability which would be covered by the latest edition of the standard Workers Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers Compensation Act, where appropriate, coverage is to be included for the Federal Employers Liability Act and any other applicable federal or state law. (b) The policy must be endorsed to waive the insurers right to subrogate against DCPS, and its members, officials, officers and employees in the manner which would result from the attachment of the NCCI Waiver Of Our Right To Recover From Others Endorsement (Advisory Form WC 00 03 13) with DCPS, and its members, officials, officers and employees scheduled thereon. (c) Subject to the restrictions of coverage found in the standard Workers Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers Compensation Act or any other coverage customarily insured under Part One of the standard Workers Compensation policy. The minimum amount of coverage for those coverages customarily insured under Part Two of the standard Workers Compensation policy (inclusive of any amounts Bid No. ITB-022-22/DS SC 5 provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Accident $1,000,000 Disease - Each Employee $1,000,000 Disease - Policy Limit 2. Commercial General Liability. The Commercial General Liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements hereinafter set forth: (a) The VENDOR/CONTRACTORs insurance shall cover those sources of liability which would be covered by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements) and those described below which would apply to the Services contemplated under this Agreement. The coverage may not exclude restrictive endorsements which exclude coverage for liability arising out of: Sexual molestation, Sexual abuse or Sexual misconduct. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: Mold, fungus, or bacteria Terrorism Silica, asbestos or lead (b) The minimum limits to be maintained by the VENDOR/CONTRACTOR (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence (c) The VENDOR/CONTRACTOR shall include DCPS and DCPSs members, officials, officers and employees as additional insureds on the Commercial General Liability coverage. The coverage afforded such additional insureds shall be no more restrictive than that which would be afforded by adding DCPS and DCPSs members, officials, officers and employees as additional insureds on the latest edition of the Additional Insured Owners, Lessees or Contractors - Scheduled Person or Organization endorsement (ISO Form CG 20 10) filed for use in the State of Florida by the Insurance Services Office. (d) Except with respect to coverage for property damage liability, or as otherwise specifically authorized in this Agreement, the general liability coverage shall apply on a first dollar basis without application of any deductible or self-insured retention. The coverage for property damage liability shall be subject to a maximum deductible of $1,500 per occurrence. The VENDOR/CONTRACTOR shall pay on behalf of DCPS or DCPSs member, official, officer or employee any such deductible or self-insured retention applicable to a claim against DCPS or DCPSs member, official, officer or employee for which the DCPS or DCPSs member, official, officer or employee is insured as an additional insured. 3. Business Auto Liability. The automobile liability insurance provided by the VENDOR/CONTRACTOR shall conform to the requirements hereinafter set forth: (a) The VENDOR/CONTRACTORs insurance shall cover the VENDOR/CONTRACTOR for those sources of liability which would be covered by Section II of the latest occurrence edition of the standard Business Auto Coverage Form (ISO Form CA 00 01) as filed for use in the State of Florida by ISO without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to Bid No. ITB-022-22/DS SC 6 the policy (i.e., mandatory endorsements). Coverage shall include all owned, non-owned and hired autos used in connection with this Agreement. (b) DCPS and DCPSs members, officials, officers and employees shall be included as additional insureds in a manner no more restrictive than that which would be afforded by designating DCPS and DCPSs members, officials, officers and employees as additional insureds on the latest edition of the ISO Designated Insured (ISO Form CA 20 48) endorsement. (c) The minimum limits to be maintained by the VENDOR/CONTRACTOR (inclusive of any amounts provided by an umbrella or excess policy) shall be: $1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined B. Evidence of Insurance. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by DCPS and shall be maintained in force throughout the term of this Agreement. The VENDOR/CONTRACTOR shall provide evidence of such insurance in the following manner: 1. As evidence of compliance with the required Workers Compensation/Employers Liability, Commercial General Liability, Business Auto Liability, and Professional Liability, the VENDOR/CONTRACTOR shall furnish DCPS with a fully completed satisfactory Certificate of Insurance such as a standard ACORD Certificate of Liability Insurance (ACORD Form 25) or other evidence satisfactory to DCPS, signed by an authorized representative of the insurer(s) providing the coverage. The Certificate of Insurance, or other evidence, shall verify that Workers Compensation/Employers Liability contains a waiver of subrogation in favor of DCPS, identify this Agreement, and provide that DCPS shall be given no less than thirty (30) days written notice prior to cancellation. 2. As evidence of the required Additional Insured status for DCPS on the Commercial General Liability insurance, the VENDOR/CONTRACTOR shall furnish DCPS with: (a) a fully completed satisfactory Certificate of Insurance, and a copy of the actual additional insured endorsement as issued on the policy, signed by an authorized representative of the insurer(s) verifying inclusion of DCPS and DCPSs members, officials, officers and employees as Additional Insureds in the Commercial General Liability coverage; or (b) the original of the policy(ies). 3. Until such time as the insurance is no longer required to be maintained by the VENDOR/CONTRACTOR as set forth in this Agreement, the VENDOR/CONTRACTOR shall provide DCPS with renewal or replacement evidence of the insurance in the manner heretofore described no less than thirty (30) days before the expiration or termination of the insurance for which previous evidence of insurance has been provided. 4. Notwithstanding the prior submission of a Certificate of Insurance, copy of endorsement, or other evidence initially acceptable to DCPS, if requested by DCPS, the VENDOR/CONTRACTOR shall, within thirty (30) days after receipt of a written request from DCPS, provide DCPS with a certified copy or certified copies of the policy or policies providing the coverage required by this Section. The VENDOR/CONTRACTOR may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required under this Agreement. C. Qualification of the VENDOR/CONTRACTORs Insurers Bid No. ITB-022-22/DS SC 7 1. Insurers providing the insurance required by this Agreement for the VENDOR/CONTRACTORs must either be: (1) authorized by a subsisting certificate of authority issued by the State of Florida to transact insurance in the State of Florida, or (2) except with respect to coverage for the liability imposed by the Florida Workers Compensation Act, an eligible surplus lines insurer under Florida Statutes. 2. In addition, each such insurer shall have and maintain throughout the period for which coverage is required, a Bests Rating of A- or better and a Financial Size Category of VII or better according to A. M. Best Company. 3. If, during the period when an insurer is providing the insurance required by this Agreement, an insurer shall fail to comply with the foregoing minimum requirements, as soon as the VENDOR/CONTRACTOR has knowledge of any such failure, the VENDOR/CONTRACTOR shall immediately notify DCPS and immediately replace the insurance provided by the insurer with an insurer meeting these requirements. Until the VENDOR/CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to DCPS, the VENDOR/CONTRACTOR shall be in default of this Agreement. D. The VENDOR/CONTRACTORs Insurance Primary and Non-Contributory. The insurance provided by the VENDOR/CONTRACTOR pursuant to this Agreement shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by DCPS or DCPSs member, official, officer or employee. E. The VENDOR/CONTRACTORs Insurance As Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the VENDOR/CONTRACTOR, or its Subcontractors or Sub-subcontractors, employees or agents to DCPS or others. Any remedy provided to DCPS or DCPSs members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise. F. No Waiver by DCPS Approval/Disapproval. Neither approval by DCPS nor failure to disapprove the insurance furnished by the VENDOR/CONTRACTOR shall relieve the VENDOR/CONTRACTOR of the VENDOR/CONTRACTORs full responsibility to provide the insurance as required by this Agreement. NOTICE: Proof of the above required insurances must be provided by the VENDOR/CONTRACTOR prior to award by DCPS. Failure to provide the required proof of insurances may result in recommendation for award to an alternate VENDOR/CONTRACTOR. 22. FAMILIARITY WITH LAWS: The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the bidder will in no way relieve him/her from responsibility for compliance with their requirements. 23. JESSICA LUNSFORD ACT (when applicable): At their own expense, firms shall comply and be responsible for the costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005. The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Section 1012.32, F.S. Contractual personnel shall include any vendor, individual or entity under contract with the District. (Additional information is available at http://www.fldoe.org/teaching/professional-practices/background-screening-requirements.stml) By submittal of a bid or proposal, each firm acknowledges and accepts this responsibility including all associated costs. 24. FEDERAL FUNDS: The bidder certifies by submission of their bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded http://www.fldoe.org/teaching/professional-practices/background-screening-requirements.stml Bid No. ITB-022-22/DS SC 8 from participation in this transaction by any Federal department or agency. When requested, the bidder/contractor will execute and deliver to the District the appropriate federal debarment certification form within three (3) business days. 25. ASSIGNMENT OF CONTRACT AND/OR PAYMENT: This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the contractor without prior written consent of DCPS. The contractor shall not assign payments under this contract or agreement without the prior written consent of DCPS. 26. METHOD OF PAYMENT: Payments to vendors may be made via credit card, check or ACH. If credit card or ACH payment is acceptable, initial the designated space(s) on the Bidder Acknowledgement under Form of Payment accepted. By doing so you are authorizing this form of payment on all future invoices whether or not they are related to this solicitation. 27. PAYMENT TERMS: Payments will be made in accordance with Florida Statutes 218.174, also known as the Local Government Prompt Payment Act. 28. AVAILABILITY OF FUNDS: The Districts performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Districts Board and the availability of funds to pay for the goods and services in this Agreement. The Districts Board shall be the final authority as to what constitutes an annual appropriation and the availability of funds necessary to continue funding this Agreement. If such funds are not appropriated or available for this Agreement and this Agreement is terminated, such action will not constitute a default by the District. The Contractor will be provided reasonable notice if funds are not appropriated or available. Notwithstanding any such termination, the District shall remain obligated to pay for all purchase orders for products or services fulfilled by the Contractor prior to the termination notice. 29. MOST FAVORED CUSTOMER STATUS: The awarded vendor shall afford Duval County Public Schools most favored customer status for all items herein. Accordingly, if during the term of this contract, the contractor offers more favorable promotional or contract pricing to another entity for the same specification with similar quantities and conditions, the price under this contract shall be immediately reduced to the lower price. Additionally, if a current State of Florida contract contains more favorable pricing for the same specification with similar quantities and conditions, the contractor will be afforded an opportunity to adjust its contract price to match that of the State of Florida contract. Should the contractor decline, DCPS reserves the right to purchase the item(s) from the State of Florida contract. 30. AUDIT / RECORDS RETENTION: DCPS shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and subcontractors. Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three years following the completion of this Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to DCPS, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractors office or place of business in Jacksonville, Florida. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Jacksonville, Florida, which is convenient for DCPS. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which DCPS may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. Bid No. ITB-022-22/DS SC 9 31. DISQUALIFICATION OF BIDDER: More than one bid/proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a bidder is involved in more than one bid/proposal for the same work will be cause for rejection of all bids/proposals in which such bidders are believed to be involved. Any or all bids/proposals will be rejected if there is reason to believe that collusion exists between bidders. Bids/proposals in which the prices obviously are unbalanced will be subject to rejection. 32. PUBLIC ENTITY CRIMES AFFIDAVIT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 33. UNILATERAL CANCELLATION OF CONTRACTS: Any agreement resulting from this Invitation to Bid may be unilaterally canceled by Duval County Public Schools for refusal of contractor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with the agreement. 34. CANCELLATION: The Director of Purchasing, by written notice, may cancel, in whole or in part, any Contract/Purchase Order(s) resulting from this Invitation when such action is in the best interest of Duval County Public Schools. If Contract/Purchase Order(s) is so canceled, Duval County Public Schools shall be liable only for payment for services rendered prior to the effective date of cancellation. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 35. FORCE MAJEURE: Whenever a vendors place of business, mode of delivery or source of supply has been disrupted by acts of government, God, civic commotion, or war, it shall be the responsibility of the vendor to promptly advise the Director of Purchasing Services, in writing, as to the extent of this disruption and its probable effect upon this contract. If, in the opinion of DCPS, the disruption presented is commensurate with the conditions established herein, DCPS may elect to modify delivery/service timelines, renegotiate the contract in whole or in part, or cancel any open orders in accordance with Special Condition 34. The vendor will be given written notification of all decisions made. While the decision of DCPS shall be final, the goal will be a solution that is mutually beneficial. 36. PURCHASES BY OTHER PUBLIC ENTITIES: Purchases by other political subdivisions or public entities under any contract resulting from this solicitation are permissible upon the consent and agreement of the awarded vendor(s). 37. TRANSITION ASSISTANCE: In the event the resulting agreement is terminated, not renewed or naturally expires, the Contracted Firm agrees that the District may provide written notice to the Contracted Firm retaining the Contracted Firm for a month-to-month basis on the same terms and conditions set forth in the agreement. Such month-to-month services shall continue until the District has established a replacement Tables, Mobile Folding bid. In any event, these services will not be required to continue for a period of time exceeding six (6) months. 38. PUBLIC RECORDS LAW: Pursuant to Florida Statutes Chapter 119, responses received as a result of this ITB shall not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all Respondents in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. It shall be the sole responsibility of the awarded Contractor to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the Agreement awarded by the District. Bid No. ITB-022-22/DS SC 10 The Agreement shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: A. Keep and maintain public records required by the District in order to perform the service. B. Upon request from the Districts custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues 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 for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. D. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICTS CONTRACT ADMINISTRATOR). THE DISTRICTS CONTACT IS: Lionel James, Assistant Warehouse Manager 4880 Bulls Bay Hwy Jacksonville, FL 32219 Ph: 904-858-1473 Jamesl@duvalschools.org To the extent a proposer asserts any portion of its proposal is exempt or confidential from disclosure under Florida's public records, the burden shall be on the proposer to obtain a protective order from a jurisdictional court protecting such information from disclosure under Florida's public records laws and also timely provide a certified copy of such protective order to the District prior to the District's release of such information into the public domain. It is not contemplated that any portion of a Proposal will be exempt or confidential from disclosure pursuant to Chapter 119, Florida Statutes. 39. OPENING OF QUOTES: The Florida Public Records Act 119.071 (1) (b), Florida Statues., exempts sealed quotes from inspection and copying until such time as the District provides notice of an intended decision pursuant to 120.57(3)(a), Fla. Stat., or until 30 days after opening of quotes, mailto:Jamesl@duvalschools.org Bid No. ITB-022-22/DS SC 11 whichever is earlier. This exemption is not waived by the public opening of quotes. 40. EMPLOYMENT ELIGIBILITY: Pursuant to the provisions of section 448.095, Florida Statutes, the parties agree to the following. For purpose of this section, the term contract includes this Agreement and any contract between the Contractor and any of Contractors subcontractor(s): (a) Beginning January 1, 2021, the District, the Contractor, and any of Contractors subcontractor(s) shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The District, the Contractor, and any of Contractors subcontractor(s) may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (b) 1. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. The Contractor shall maintain a copy of such affidavit for the duration of the contract. (c) 1. The District, the Contractor, or any of the Contractors subcontractors who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall terminate the contract with the person or entity. 2. If the District has a good faith belief that a subcontractor knowingly violated this subsection, but the Contractor otherwise complied with this subsection, then the District shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and may not be considered as such. (d) The District, Contractor, or any of Contractors subcontractor(s) may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. (e) If the District terminates the Agreement with Contractor under paragraph (c), the Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement was terminated. (f) The Contractor is liable for any additional costs incurred by the District as a result of the termination of a contract. SPECIFICATIONS ITB-022-22/DS SP 1 MOBILE TABLES Mobile table units are to be used in a cafeteria to provide for rapid conversion from cafeteria to auditorium or gymnasium. Mobile table units with seats shall be approximately 12 L x 52 W overall when open. Tables without attached seats shall be so designed that each leg provides its own locking system as table is opened and retracts automatically as table is being folded. A. Mobile table units with benches shall have the seats attached so that they fold with the table. Units shall be so constructed that, when folded, they may be rolled on self-contained ball bearing casters. Units shall be capable of operation and movement by one 110-pound female of average strength. It is desirable that the unit be capable of being folded with a minimum amount of component movement. B. Folded units shall be stable with little likelihood of upset. Folded units shall be capable of storage against flat wall surfaces and shall require a minimum of floor space. C. Locking devices shall be in place on all mobile folding table units with attached seats when in open or closed position. Locking device shall be of the type, which must be manually unlocked prior to folding or unfolding of the table unit. ITEMS #1 #2 #3 & #4 - FOLDING MOBILE TABLE W/ATTACHED BENCHES, 4 BENCHES PER UNIT Minimum specifications include: Heavy-duty mobile folding bench table with automatic locking feature. Safety clearance between table and bench sections to protect hands during opening. Torsion Bar for ease of operation opening and closing. Unitized Frame: Shall consist of 13-gauge steel, welded or bolted together to form a one-piece construction for maximum strength. Mechanism shall be operable with or without tops. Center hinge and all pivot points shall have 3/8 diameter steel bolts with self-locking tamper-proof lock nuts. Top and Bench: Shall be 5/8 thick made from 45 lb density particleboard surfaced with a high- pressure melamine plastic. A painted emulsion finished edge, bull nose edge, Lotz Armor Edge, or acceptable equal edge with corners of approximately radius. And a .020 thick backing sheet shall be laminated to the back face of the core to seal out moisture. Top shall be attached to the frame with steel metal screws removable only with a special wrench. Expansion rivets optional. Plywood may be offered as optional core material. Bench swivel to be full 90 of 1/8 hot rolled stamped steel and embossed for added rigidity. Bench swivel bracket shall be 1-3/8 x 5 wide mounted with 38 bolts. Steel formed angle brackets to be 1 x 1-3/8 wide. Steel Z- channel apron shall be 2 x 14 gauge. Casters: In the folded position, unit shall rest on four 4 swivel casters with ball bearing raceways. Casters shall have 1 wide non-marking rubber wheels. Crutch Tips: Shall be 1-3/8 rubber crutch tips. Steel inserts to prevent tube cut through to protect the legs supporting the table in the open position. Operation: Shall open or close in a single smooth operation, accomplished by a balanced torsion bar assist. Torque to aid operation shall be supplied by fully enclosed 3/8 hexagonal heat-treated aircraft steel alloy bars. Table shall automatically lock in open and closed positions. Center hinge shall operate vertically in order to self-clean and minimize trapping of food. Assembly: Shall be shipped fully assembled. Top & Bench Finishes: Medium Oak, Grey Nebula, or Walnut. Metal Finish: Top support apron shall be available with a powder coat finish. Undercarriage shall be available fully chromed. SPECIFICATIONS ITB-022-22/DS SP 2 ITEM1 TABLE, MOBILE, FOLDING W/ATTACHED BENCHES, 4 BENCHES PER UNIT, 27H Seat/Table Height: 15/27 Open Dimension: 144 L x 53 W Closed Dimension: 82H x 29-1/2 D x 53 W VIRCO MTB152712, AMTAB MBT12 27DR OR ACCEPTABLE SUBSTITUTION ITEM 2 TABLE, MOBILE, FOLDING W/ATTACHED BENCHES, 4 BENCHES PER UNIT, 29H Seat/Table Height: 17/29 Open Dimension: 144 L x 53 W Closed Dimension: 82-9/16H x 34-3/16 D x 53 W VIRCO MTB172912, AMTAB MBT12 DR OR ACCEPTABLE SUBSTITUTION ITEM 3 REPLACEMENT BENCH Must be compatible with item 1 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION ITEM 4 REPLACEMENT BENCH Must be compatible with Item 2 VIRCO, MTAB OR ACCEPTABLE SUBSTITUTION ITEM 5 REPLACEMENT CASTER/Wheels Must be compatible with items 1 & 2 VIRCO, AMTAB OR ACCEPTABLE SUBSTITUTION ITEMS 6 & 7 TABLE, MOBILE, RECTANGULAR, SPLIT TOP, 30 X 96 Minimum specifications include: Mobile folding table without seating (Rectangular) Dimensions: 30 x 96 Lift Mechanism: Tables shall fold and open in one fluid motion. The system must ensure safety and ease through a controlled, effortless operation. Spring assists are not to be used. Tops: Tabletops shall be of solid core nominal thick warp-resistant construction. Center core shall be of 45 PCF density. A .053 high-pressure laminate face shall be used for the top surface with a .045 high-pressure laminate backer for the bottom surface. Table frame shall be secured to the tabletop with deep thread screws; expansion rivets are not to be used. Corners have a 1-1/2 radius. Edges: Tabletop edges shall be sanded, sealed and painted; bull nosed; Perfect Edge; or an acceptable equal. Frames: Table frame shall be fabricated using a welded unitized construction, integrating all structural steel members into a self-supporting unit. Tabletop support apron shall be 11- gauge channel steel, pierced to securely anchor the tops. T-leg assembly shall be horizontal and vertical tubing 1-1/4" O 14 gauge and 1" x2" 1 gauge steel. Hinges and lock plates shall be 7-gauge steel. Stretcher bars shall be 14-gauge oval steel tubing. All legs shall operate from the unitized frame, not the tabletop. SPECIFICATIONS ITB-022-22/DS SP 3 Items #6 & #7 table, mobile, rectangular, split top, 30 X 96 continued Minimum specifications include: Locks: Gravity lock constructed of 3/8 solid steel rods and engages automatically into slots in apron hinge. Storage lock is spring loaded for automatic engagement and semi-concealed to prevent accidental release. Release of gravity and storage locks shall be possible from either side of the table. Casters: Large 4 diameter heavy-duty hard rubber swivel casters provide easy and safe maneuverability. When the table is in use, casters shall lift off the floor to prevent table from rolling. To avoid tripping hazards, casters shall not extend beyond the end of the table when in the open position. Casters shall be self-lubricating. General: Tables shall ship fully assembled. Tables shall be listed with Underwriters Laboratories in compliance with their testing for public safety (Mobile Folding Tables) ITEM 6 TABLE, MOBILE, FOLDING, RECTANGULAR, SPLIT TOP, 30 X 96, 27H AMTAB MT8DR-27 OR ACCEPTABL