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<br />36 PROTESTING OF BID CONDITIONS/SPECIFICATIONS: Any person desiring to
<br />protest the conditions/specifications in tillS bid. or any Addendum subsequently
<br />released tIlereto. shall file a notice of prates!. in writing. within 72 consecutive hours
<br />after tile receipt of the bid or Addendum and shall file a formal wntten protest witllin
<br />ten calendar days after tile date tile notice of protest was filed The time prOVided for
<br />filing a notice of protest shall be based upon whenever a person receives this bid. or
<br />any Addendum released thereto Receipt of a copy of this bid. or any Addendum
<br />released thereto. which is received In accordance witll Chapter 119. Florida Statutes.
<br />or School Board Policy 1343. as currently enacted or as amended from time to time.
<br />shall not be used as a basis for filing a notice of protest as described herein
<br />Saturdays. Sundays. legal holidays and days during which the school distnct
<br />administration is closed shall be excluded in tile computation of the 72 consecutive
<br />hours If tile tenth calendar day falls on a Saturday. Sunday. legal holidays and days
<br />during which the school distnct administration is closed. the formal written protest
<br />must be received on or before 5:00 pm of the next calendar day that is not a
<br />Saturday. Sunday, legal holiday and days during which the school distnct
<br />administration is closed Section 120 57(3)(b). Florida Statutes. as currently enacted
<br />or as amended from time to time. states that "The fonnal written protest shall
<br />state with particularity the facts and law upon which the protest is based".
<br />
<br />Failure to file a notice of protest or to file a fonnal written protest within the
<br />time prescribed by Section 120.57(3), Florida Statutes, shall constitute a waiver
<br />of proceedings under School Board Policy 3320 and Chapter 120, Florida
<br />Statutes. The failure to post the bond required by School Board Policy 3320,
<br />Part VI, within the lime p,escribed by School Board Policy 3320, Part VI, as
<br />currently enacted or as amended from time to time, shall constitute a waiver of
<br />proceedings under School Board Policy 3320 and Chapter 120, Florida
<br />Statutes. Notices of protest, fonnal written p,otests. and the bonds required by
<br />School Board Policy 3320, Part VI, shall be filed at the office of the Director of
<br />Pu,chasing, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida
<br />33351 (fax 954-712.1774). Fax filing will not be acceptable fo, the filing of
<br />bonds required by School Board Policy 3320, Part VI.
<br />
<br />JI. POSTING OF BID RECOMMENDATlONSfTABULATlONS: Bid Recommendations
<br />and Tabulations will be posted in the Purchasing Department on MAY 13. 2003 at
<br />3:00 p.m.. and will remain posted for 72 consecutive hours. Any change to the date
<br />and time established herein for posting of Bid RecommendationsfT abulations shall
<br />be posted in tile Purchasing Department and/or at wwwdemandstar com (under tile
<br />document section for tIlis ITB). In the event tile date and time of tile posting of Bid
<br />RecommendationsfTabulations is changed. it is the responsibility of each bidder to
<br />ascertain the revised date of the posting of Bid RecommendationsfT abulations Any
<br />person desiring to protest the intended decision shall file a notice of protest, in
<br />writing, witllin 72 consecutive hours after the posting of tile bid tabulation (or receipt
<br />of written notice of intended decision) and shall file a formal written protest witllin ten
<br />calendar days after the date tile notice of protest was filed A written notice of
<br />intended deciSion shall only apply when the PurchaSing Department gives notice of
<br />an intended decision about tIlis bid A written notice of intended decision received In
<br />accordance with Chapter 119. Flonda Statutes. or School Board Policy 1343. as
<br />currently enacted or as amended from time to time shall not be used as a basis for
<br />filing a notice of protest as described herein Saturd.ays. Sundays. legal holidays and
<br />days during which tile school district administration is closed shall be excluded in the
<br />computation of the 72 consecutive hours. If the tenth calendar day falls on a
<br />Saturday. Sunday. legal holidays and days during which the school distnct
<br />administration is closed, the formal written protest must be received on or before 500
<br />p.m. of the next calendar day tIlatls not a Saturday. Sunday. legal holiday and days
<br />during which the school district administration is closed No submissions made after
<br />tile bid opening amending or supplementing tile bid shall be considered. Section
<br />120 57(3)(b). Florida Statutes. as currently enacted or as amended from time to time.
<br />states that "The fonnal written protest shall state with particularity the facts and
<br />law upon which the protest is based". Any person who files an action protesting
<br />an intended decision shall post with tile School Board. at the time of filing the
<br />fonnal written protest, a bond. payable to The School Board of Sroward County.
<br />Flonda. in an amount equal to one percent (1 %) of the Board.s estimate of the total
<br />volume of tile contract or $5.000. whichever is less. which bond shall be conditioned
<br />upon tile payment of all costs which may be adjudged against the protestant in an
<br />Administrative Hearing in which the action IS brought and in any subsequent
<br />appellale court proceeding.
<br />
<br />ReVised 12/04/2003
<br />
<br />37 (Continued): Failu,e to file a notice of protest or to file a fonnal written protest
<br />within the time prescribed by Section 120.57(3), Florida Statutes, shall constitute
<br />a waiver of proceedings under School Board Policy 3320 and Chapter 120,
<br />Florida Statutes. The failure to post the bond required by School Board Policy
<br />3320, Part VI, within the time prescribed by School Board Policy 3320, Part VI, as
<br />currently enacted or as amended from time to time, shall constitute a waiver of
<br />p,oceedings under School Board Policy 3320 and Chapter 120, Florida Statutes.
<br />Notices of protest, fonnal written protests, and the bonds required by School
<br />Board Policy 3320, Part VI, shall be filed at the office of the Director of
<br />Pu,chasing, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351
<br />(fax 954-712.1774). Fax filing will not be acceptable for the filing of bonds
<br />required by School Board Policy 3320, Part VI.
<br />
<br />38 SUBMIIT Al OF BIDS: All bidders are reminded that It is the sole responsibility of the
<br />BIDDER to assure that their bid is time stamped in the PURCHASING DEPARTMENT
<br />on or before 2:00 p.m. on date due The address for bid submittal. including hand
<br />delivery and ovemlght couner delivery. is indicated as 7720 West Oakland Pari<
<br />Boulevard. Suite 323. Sunrise. Florida 33351 The bidder is fully and completely
<br />responsible for the payment of all delivery costs associated witllthe delivery of their bid
<br />or related material. The Purchasing Department will not accept delivery of any bid or
<br />related material requiring tile School Board to pay for any portion of the delivery cost or
<br />the complete delivery cost Prror to bid submitlal. it is the responsibility of the bidder to
<br />be certain that all addendum released have been received, that all addendum
<br />requirements have been completed. and tIlat all submittals required by the addendum
<br />have been timely filed (See General Condition 1)
<br />
<br />39 PACKING SLIPS: It will be the responsibility of the awardee to attach all packing slips
<br />to the OUTSIDE of each shipment Packing slip must reference SBBC purchase order
<br />number/control number Failure to provide packing slip attached to the outSide of
<br />shipment will result in refusal of shipment at vendor's expense
<br />
<br />40 USE OF OTHER CONTRACTS: SBBC reserves the right to utilize any other SSBC
<br />contract. any State of Florida Contract. any contract awarded by any other city or county
<br />governmental agencies. other school board. other community college/state university
<br />system cooperative bid agreement. or to directly negotiate/purchase per School Board
<br />policy and/or State Board Rule 6A-1012. as currently enacted or as amended from time
<br />to time. in lieu of any offer received or award made as a result of tIlis bid if it is in its best
<br />interest to do so.
<br />
<br />41 INDEMNIFICATION:
<br />
<br />a) SBBC agrees to be fully responsible for its acts of negligence. or its agents. acts
<br />of negligence when acting witllin tile scope of tIleir employment and agrees to be
<br />liable for any damages resulting from said negligence. Nothing herein is intended
<br />to serve as a waiver of sovereign immunity by SBBC Nothing herein shall be
<br />construed as consent by SBSC to be sued by third parties in any matter ansing
<br />out of any contract
<br />
<br />b) VENDOR agrees to indemnify. hold harmless and defend SBBe. its agents.
<br />servants and employees from any and all claims. judgments. costs and
<br />expenses including. but not limited to. reasonable attorney's fees, reasonable
<br />investigative and discovery costs. court costs and all other sums which SBBC.
<br />its agents, servants and employees may payor become obligated to pay on
<br />account of any, all and every claim or demand. or assertion of liability. or any
<br />claim or action founded tIlereon. arising or alleged to have arisen out of tile
<br />products. goods or services fumished by the VENDOR. its agents. servants or
<br />employees; the equipment of tile VENDOR, its agents. servants or employees
<br />while such equipment is on premises owned or controlled by SBBC; or the
<br />negligence of VENDOR or the negligence of VENDOR.s agents when acting within tile scope of their employment, whether such claims. judgments. costs
<br />and expenses be for damages. damage to property including SBBC.s
<br />property. and injury or deatll of any person whether employed by the
<br />VENDOR, SBBC or otllerwise
<br />
<br />Sroward County Public Schools Is An Equal Opportunity/Equal Access Employer
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