Reso 2005-845 - Laserfiche WebLink

Home Browse Search

14 DISPUTES: In case of any doubt or difference of opinion as to the items to be fumished hereunder. the decision of the School Board shall be final and binding on both parties 15 LICENSES. CERTIFICATIONS AND REGISTRATIONS: As of the Bid Opening Date. Bidder must have all licenses. Certifications and Registrations required when perfonning the services as described herein. in order for Bid to be considered a responsive and responsible Bid Licenses. Certifications and Registrations required for this Bid shall be as required by Chapter 489. Florida Statutes. as curren~y enacted or as amended from time to time; by the State Requirements for Educational Facilities (SREF). latest version; and by Broward County. Florida. Bidder must submit a copy of all its current Licenses. Certifications and Registrations required as described herein. either with its Bid or within five working days of notification An awardee who has any License, Certification or Registration eithe, suspended, revoked or expired after the date of the Bid Opening, shall provide notice to the Director of Purchasing within five Working days of such suspension, revocation or expiration. However, such suspension, revocation or expiration after the date of the Bid Opening shalf not relieve the awarrJee of its responsibiities under a contract awarded under this bid. 16. PATENTS & ROYALTIES: The awardee. without eXception. shall indemnify and save harmless The School Board of Broward County. Florida and irs employees from Iiabilily of any nature or kind. Including cost and expenses for or on account of any copyrighted. patented, or unpatented invention. process. or article manufactured or used in the performance of the contract. including its use by The School Board of Broward County. Florida. If the awardee uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the bid prices shall include all royalties or cost ansing from the use of such design, deVice or materials in any way involved in the work 17. OSHA: The awardee warrants that the product supplied to The School Board of Sroward County. Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970. as amended. and the failure to comply with this condition will be considered as a breach of contract 18 SPECIAL CONDITIONS: The Superintendent or Designee has the authority to Issue Special Conditions and Specifications as required for individual bids Any and all Special Conditions that may vary from these General Conditions shall have precedence 19 ANTI.DISCRIMINA TION: The bIdder certifies that he or she is in compliance wil!1 the non-discrimination clause contained In Section 202, Executive Order 11246. as amended by Executive Order 11375. relative to equal employment opportunity for all persons without regard to race. color. religion. sex or national origin. The School Board of Broward County, Florida, prohibits any policy or procedure which results in discrimination on the basis of age. color. disability. gender. national origin, marital status, race. religion or sexual orientation. 20 QUALITY: All materials used for the manufacture or construction of any supplies. materials or equipment covered by thiS bid shall be new unless otherwise specified The items bid must be new. the latest model, of the best quality and highest grade workmanship 21. LIABILITY. INSURANCE. LICENSES AND PERMITS: Where awardees are required to enter or go onto School Board property to deliver materials or perform work or services as a result of a bid award. the awardee agrees to The HOld Harmless Agreement stated herein and will assume the full duty obligation and expense of obtaining all necessary licenses. permits and insurance. The awardee Shall be liable for any damages or loss to the Board occasioned by negligence of the awardee (or agent) or any person the awardee has designated in the completion of the contract as a result of their bid. 22 BID BONDS. PERFORMANCE BONDS AND CERTIFICATES OF INSURANCE: Bid bonds, when required. shall be submitted with the bid in the amount specified in Special Conditions. Bid bonds will be retumed to unawardees. After acceptance of bid, the Board will notify the awardee to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Upon receipt of the performance bond. the bid bond will be retumed to the awardee. 23 DEFAULT AND VENUE: )n the event of a default on this con !Tact. the defaulting party shall pay all attorney's fees and court costs incurred by the non-defaulting party. at both the trial and appellate levels. In any action brought to enforce and collect damages arising from the default. Any action by the non-defaulting party to enforce this contract shall be Instituted and prosecuted in the court having Junsdiction in Sroward County. Flonda. and the defaulting party waives venue in any other jurisdiction 24. CANCelLATION: In the event any of the provisions of thiS bid are violated by the contractor. the Superintendent shall give written notice to the contractor stating the deficiencies and unless defiCiencies are corrected within five days. recommendation will be made to the School Board for immediate cancellation The School Board of Broward County. Flonda reserves the right to terminate any contract resulting from this invitation at any time and for no reason. upon giVing 30 days prior written notice to the other party. 25 BILLING INSTRUCTIONS: Invoices. unless otherwise indicated. must show purchase order numbers and Shall be submitted in duplicate to the Accounts Payable Department of The School Board of Broward County. Florida. SUite 304. 7720 West Oakland Par1< Blvd. Sunrise. Florida 33351-6704 Payment will be made a minimum of 30 days after delivery, authorized inspection and acceptance When vendors are directed to send invoices to a school. the school will make direct payments to the vendor 26 NOTE TO VENDORS DELIVERING TO OUR CENTRAL WAREHOUSE: Receiving hours are Monday through Friday (excluding legal holidays and days during which the school district administration is closed) 7:00 a.m. to 2:00 p.m. This warehouse IS no longer accessible by the Seaboard Coast Line siding for rail car routing. 27. SUBSTITUTIONS: The School Board of Broward County. Flonda WILL NOT accept substitute shipments of any kind Awardees are expected to fumish the brand quoted in their bid once awarded by the School Board Any substitute shipments will be returned at the awardee's expense. 28. FACILITIES: SBBC reserves the right to Inspect the awardee.s facilities at any lime with prior notice. SBBC may use the information obtained from this In determining whether a bidder is a responsible bidder 29. BID ABSTRACTS: Bidders desiring a copy of bid tabulation may request same by enclosing a self-addressed stamped envelope with bid Bid tabulation will be mailed after completion of the rules shown in School Board Policy 3320. 30. ASBESTOS AND FORMALDEHYDE STATEMENT: All building materials. pressed boards, and furniture supplied to SBBC shall be 100% asbestos free. It is desirous that all building materials, pressed boards and furniture supplied to the School Board also be 100% formaldehyde free. Bidder. by virtue of bidding. certifies by signing bid that, if awarded this bid. only building materials. pressed boards. andlor furniture that is 100% asbestos free will be supplied 31 ASSIGNMENT: Neither any award of this Bid nor any interest in any award of this Bid may be assigned. transferred or encumbered by any party without the prior written consent from the Director, Purchasing Department. 32. EXTENSION: In addition to any extension options contained herein, SBBC is granted the right to extend any award resulting from this bid for the penod of time necessary for SBBC to release. award and implement a replacement bid for the goods, products andlor services provided through this bid. Such extension shall be upon the same prices. terms and conditions as existing at the time of SSBes exercise of this extension right. The period of any extension under thiS prOVision shall not be for a period in excess of six months from (a) the termination date of a contract entered into as a result of thiS bid or (b) the termination date under any applicable period of extension under a contract entered into as a result of thiS bid. 33 OMISSION FROM THE SPECIFICATIONS: The apparent silence of this specification and any Addendum regarding any details or the omiSSion from the specification of a detailed description concerning any poinl shall be regarded as meaning that only the best available units shall be proVided and the best commercial practices are to prevail. and that only materials and workmanship of first quality are to be used All interpretations of thiS specification shall be made upon the basis of this agreement. 34 SUBMITTAL OF INVOICES: All bidders are hereby notified that any invoice submitted as a result of the award of this bid must be in the same format as any purchase order released as a result of the award of this bid Each line of the invoice must reference a corresDondina sinale line shown on the Durchase order. A single invoice line must not correspond to or commingle the cost shown on multiple pu,chase order lines. An invoice submitted that does not follow the same format and line numbering as shown on the purchase order will be deemed to be not correct, and may be retumed to the vendor by the Accounts Payable Department for correction. Address for submitting invoices is included on Purchase Order 35. PURCHASE AGREEMENT: This bid and the corresponding purchase orders will constitute the complete agreement. SBSC will not accept proposed terms and conditions that are different than those contained in this Invitation to Bid. including pre-pnnted text contained on catalogs. price lists. other descnptive information submitted or any other materials By virtue of submitting a bid. vendor agrees to not submit to any SBBC employee. for signature. any document that contains terms and conditions that are different than those contained herein and that In the event any document containing any term or condition that differs from those contained herein is executed. said document shall not be binding on SBBC Revised 12/04/2003 8roward County PubliC Schools Is An Equal OpportunitylEqual Access Employer Page 3