HomeMy Public PortalAbout2010-18 Authorizing purchase of workout equipment for the KB Community Center to Gym SourceRESOLUTION NO. 2010-18
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING PURCHASE OF
WORKOUT EQUIPMENT FOR THE VILLAGE OF KEY
BISCAYNE COMMUNITY CENTER; AUTHORIZING
VILLAGE MANAGER TO COMPLETE PURCHASE OF
WORKOUT EQUIPMENT; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, pursuant to Section 3.07(b) of the Village Charter, the Village Council desires
to authorize the expenditure of Village funds for the purchase of workout equipment (the
"Equipment") for the Village of Key Biscayne Community Center; and
WHEREAS, the School District of Palm Beach County, pursuant to their competitive
bidding procedure, has awarded and entered into a contract with the top -ranked firm, Gym Source,
Inc. ("Gym Source"), for Equipment, attached hereto as Exhibit "A"; and
WHEREAS, the Village Council desires to award a contract to Gym Source for the purchase
of Equipment pursuant to the competitive bidding procedure already undertaken by the School
District of Palm Beach County; and
WHEREAS, the Village Council finds, upon advice from the Village Attorney, that no
further competitive bidding is required for the purchase of the Equipment pursuant to Village Code
Section 2-86, which authorizes the Village Manager to enter into bids or contracts entered into by
another governmental entity with substantially similar competitive bidding procedures; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed
as indicated in this Resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Contract Approved. That the purchase of the Equipment from Gym Source,
subject to the applicable terms and conditions of the "09C -41H Term Contract for Physical Ed
Supplies, Equipment, Uniforms, Shirts, Screen printing and Embroidery" between Gym Source and
the School District of Palm Beach County, attached hereto as Exhibit "A," is hereby approved.
Section 3. Purchase Authorized, Specification of Funds. That the acquisition of the
Equipment described in the Purchase Order attached hereto as Exhibit "B" for the Community
Center is hereby approved and authorized, subject to the restriction that the total cost of the
Equipment authorized herein shall not exceed $38,875.95. The funding source shall be that which
is indicated in the Village Manager's memorandum which accompanies this Resolution.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
and all action necessary to implement the purposes of this Resolution, and is authorized to sign any
necessary purchase agreements, subject to the approval of the Village Attorney as to form and legal
sufficiency.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 11th day of May 2010.
MAYOR ROBERT L. VERNON
2
.CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
MEMORANDUM
VILLAGE OF KEY BISCAYNE
Village Council
Robert L. Vernon, Mayor
Enrique Garcia, Vice Mayor
Michael W. Davey DATE:
Robert Gusman
Michael E. Kelly TO:
Jorge E. Mendia
Thomas Thornton
Office of the Village Manager
May 4, 2010
Honorable Mayor and Members of the Village Council
FROM: Genaro "Chip" Iglesias, Village Managergel fpsp7W510p g � 9 9 '
Village Manager
Genaro "Chip" Iglesias RE: Purchase of Workout Equipment for the Community Center
RECOMMENDATION
It is recommended that the Village Council approve this resolution authorizing the
purchase of workout equipment for the Key Biscayne Community Center Wellness
Facility.
BACKGROUND
Exhibit "C", the "Community Center Cardio Equipment Information" spreadsheet
provides the delivery date, years of service, and proposed date of replacement for the
second phase of cardio equipment replacement. On May 12, 2009, the Village Council
approved Resolution 2009-8 authorizing the first phase of replacement equipment for
the Community Center for a total amount of $39,083.32.
The cardio equipment being replaced is reaching the end of their expected service life
due to the extensive use experienced in the Community Center. The increased
incidents of breakdowns combined with cost of repairs and the impact of inoperable
machines in the wellness center make this purchase an effective business decision for
the facility. This quote includes the first addition to the cardio portion of the wellness
center since the rowing machine in December of 2005. The proposed new item is a
spin bike that would be placed in the wellness center as requested by members.
Gym Source has proven to be an effective vendor for the Community Center and is the
largest volume dealer in the United States who can leverage their volume to offer
excellent prices. Gym Sources' maintenance and commitment to our facility has proven
to be a valuable asset. They have attended meetings with staff and the Community
Center Advisory Board when requested. They've also replaced a Stair Master with
maintenance issues with a new unit in 2006 at no cost to the Village. Gym Sources
attentiveness to these matters has allowed us to better serve the facilities membership.
The equipment purchase is in accordance with the competitive bid awarded to Gym
Source, Inc by the School District of Palm Beach and attached as Exhibit "A". The
purchase order for this equipment is attached as Exhibit "B".
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
MISSION STATEMENT. "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."
www.keybiscayne.fl.gov
This purchase of $38,875.95 will be funded by the Capital Outlay line item "Community
Center Equipment Replacement".
EXHIBIT "A"
THE SCHOOL DISTRICT OF
PALM BEACH COUNTY, FLORIDA
Purchasing Department
3300 Forest Hill Boulevard, Suite A-323
West Palm Beach, FL 33406-5813
Phone: (561) 434-8216 Fax: (561) 434-8185
www.palmbeach.k12.fl.uslbids/purch
Contact Person:
John H. Collins
PX: 48213
collinsiioh(cpaimbeach.k12.fl.us
SHARON SWAN
DIRECTOR
April 6, 2009
Bulletin P-13142-COO/P
TO: All Principals and Department Heads
FROM: Joseph M. Moore
Chief Operating Officer
ARTHUR C. JOHNSON, Ph.D.
SUPERINTENDENT OF SCHOOLS
Action by:
Information Only
SUBJECT: 09C -41H Term Contract for Physical Ed Supplies, Equipment, Uniforms, Shirts,
Screenprinting and Embroidery
The Term Contract for Physical Ed Supplies, Equipment, Uniforms, Shirts, Screenprinting and
Embroidery was awarded to the vendors listed on the following pages from March 16, 2009
through March 15, 2012.
Orders for screenprinting and embroidery require a written quote from the vendor attached to
the requisition.
Schools and departments should contact vendors for a written quote for all heavy equipment
items and/or items that reflect a truck icon. Quotes should be attached to the requisition.
(*) Indicates minority/women owned business enterprise. (For bid bulletins only)
SS:GM:JC:ps
Approved:
Arthur C. Johnson, Ph.D.
Superintendent
Palm Beach County Schools - Rated "A" by the Florida Department of Education 2005 - 2008
www. palmb eac h sch ool s. on
Purchasing Department —"Achievement of Excellence in Procurement" Award
The Schod District of Palm Beach County is an Equal Education Opportunity Provider and Employer
http:/twww.palmbeach.k12.fl.us/Bids/purchfinfo/equity coordinators .pdf
VENDOR NAME
VENDOR
NUMBER
MANUFACTURER
DISCOUNT OR
MARK UP (%)
GYM SOURCE
0000004531
CYBEX
-10
40 E 52ND Street
-20
HOIST FITNESS SYS I'EMS
New York, NY 10022
NAUTILUS
-5
Ph: 888-496-7687
PARAMOUNT FITNESS CORP.
-5
Fax: 212-750-2886
SCHWINN CYCLING & FITNESS
-20
William Kemnitzer, President
STAIRMASTER
-15
-20
TRUE FITNESS TECH.
Website: www. avmsource. com
ADDITIONAL MANUFACTURER:
Minimum Order Amount
None
STAR TRAC
-20
Freight/Shipping will be added to quote or paid
by the vendor
CYBEX — CARDIO
-20
GP INDUSTRIES
-10
Call vendor for written quote on all heavy
OCTANE FITNESS
-15
equipment to be delivered
Commodity: Full line of sport supplies and
equipment
13
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The School District of Palm Beach County
GENERAL CONDITIONS FOR BIOS
1
USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District
contract, any State of Florida Contract, any contract awarded by any other city or county
governmental agencies, any other school board, any other community college/state university
system cooperative bid agreement, or to directly negotiate/purchase per School Board policy
and/or State Board Rule 6A-1.012(6) in lieu of any offer received or award made as a result of
this bid, if it is in the best interest to do so. The District also reserves the right to separately bid
any single order or to purchase any item on this bid if it is in its best interest to do so.
2. JOINT -BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a
response to this Invitation to Bid agree that such response also constitutes a bid to all State
Agencies and Political Subdivisions of the State of Florida under the same conditions, for the
same prices and for the same effective period as this bid, should the bidder(s) deem it in the best
interest of their business to do so.
This agreement in no way restricts or interferes with any state agency or political subdivision of
the State of Florida to rebid any or all items.
3. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the Board
to purchase these items or services from other sources and hold the bidder responsible for any
excess costs incurred thereby. Further, the Purchasing Department may recommend to the
School Board that the vendor failing to deliver as specified be removed as a future bidder on all
bids for a period of up to three years.
4. MINORITY BUSINESS PARTICIPATION: The School Board of Palm Beach County strongly
encourages the use of (Viinority/Woman owned business enterprises for participation as partners,
joint -venturers, prime contractor, subcontractors, and in contracting opportunities. Inquiries
regarding listings of District and State Certified Minority, Women and Disadvantaged Contractors
can be made to the School District of Palm Beach County's Office of Diversity in Business
Practices, 3300 Forest Hill Boulevard, Suite A-106, West Palm Beach, FL 33406, (561) 434-8508
or on our web site at http://www.palmbeach.k12.fl.us/mwbe.
Bidders who list minority subcontractors as participants in their bids will complete the M/WBE
SUBCONTRACTOR PARTICIPATION LETTER OF INTENT (FORM 1525) and M/WBE
SUBCONTRACTOR PARTICIPATION SUMMARY (FORM 1526). The summary (FORM 1526)
will be submitted with all requests for payment.
The District only recognizes as acceptable for certification as minority/woman business
enterprises those firms, vendors, and consultants that have successfully completed the
certification requirements of the State of Florida Office of Supplier Diversity or the School District
of Palm Beach County's Office of Diversity in Business Practices. In the case of those firms or
small business enterprises that are certified with the State of Florida Office of Supplier Diversity
the firm shall be required to include a copy of their certification letter or certificate. The letter or
certificate will only be deemed valid if the dates for certification have not expired. Any pending
application with the District or the State of Florida Office of Supplier Diversity shall not be
considered as certification of the vendor making application for consideration as a M/WBE firm,
In order to receive consideration for M/WBE participation, the bidder or firm(s) to be utilized by
the bidder must be certified by the District or the State of Florida at the time that the bid is
opened.
Feb 6, 2000 3 18 T L?11 l -S1
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B,d Uy;,- > 1H
The District does not currently by implication or direct means have reciprocity with any
governmental or nonlovemmental entity, with the exception of the State of Florida Office of
Supplier Diversity for the purpose of sharing and/or acceptance of M/WBE vendors, consultants,
small business enterprises for certification. The District does not recognize any other
certifications.
Graduation (as described in School Board of Palm Beach County Policy 6.143) from the School
District M/WBE Certification shall void certification by the State of Florida, if the vendor has
exceeded $2 million annually in sales to the District for the previous three year period.
Certification shall be verified and point award shall be determined by the Office of Diversity in
Business Practices.
5. CONTRACTOR BID REQUIREMENTS: As part of its bid, bidder shall provide to the District a
list of all instances within the past ten years where a complaint was filed or pending against
bidder in a legal or administrative proceeding alleging that bidder discriminated on the basis of
race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability against its
subcontractors, vendors, suppliers, or commercial customers, and a description of the status or
resolution of each such complaint, including any remedial action taken.
6. CONTRACT DISCLOSURE: Upon the District's request, and upon the filing of a complaint
against awarded bidder pursuant to Palm Beach County School Board Policy 6.144, awarded
bidder agrees to provide the District, within sixty calendar days, a truthful and complete list of the
names of all subcontractors, vendors, and suppliers that bidder has used in the past five years
on any of its contracts that were undertaken within the District relevant geographic market as
defined in Palm Beach County School Board Policy 6.143, including the total dollar amount paid
by bidder for each subcontract or supply contract. Awarded bidder agrees to fully cooperate in
any investigation conducted by the District pursuant to this Policy. Bidder understands and
agrees that violation of this clause is a material breach of the Contract and may result in contract
termination, debarment, and other sanctions.
7. INDEMNIFICATION / HOLD HARMLESS AGREEMENT: Awarded bidders/bidders shall, in
addition to any other obligation to indemnify The School Board of Palm Beach County, Florida
and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the
Board, its agents, officers, elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any actual or alleged;
A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arising out of, or
claimed to have resulted in whole or in part from any actual or alleged act or omission of
the contractor, subcontractor, anyone directly or indirectly employed by any of them, of
anyone for whose acts any of them may be liable in the performance of the work; or
B. violation of law, statute, ordinance, governmental administration order, rule or regulation by
contractor in the performance of the work; or
C. liens, claims or actions made by the contractor or any subcontractor or other party
performing the work.
The indemnification obligations hereunder shall not be limited to any limitation on the amount,
type of damages, compensation or benefits payable by or for the contractor of any subcontractor
under workers' compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar.
This article will survive the termination of the Contract.
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School Dis1;.ct of Palm F.e;;c , Dim!? . F -I 13:(I ')DC. 41'1
8. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor
catalog number in specifications is for the purpose of establishing a grade or quality of material
only. It is not the District's intent to rule out other competition, therefore, the phrase OR
ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications
on items bid. The District shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than
the specified brands, and shall indicate ANY deviation from the specifications as listed. Other
than specified items offered requires complete descriptive technical literature marked to indicate
detail(s) conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that
there has been no violation of copyrights or patent rights in manufacturing, producing or selling
the goods shipped or ordered as a result of this bid. Seller agrees to hold the purchaser
harmless from any and all liability, loss or expense occasioned by any such violation.
9. MANUFACTURER'S CERTIFICATION: The District reserves the right to request from bidders
separate manufacturer certification of all statements made in the response to Invitation to Bid.
10. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of award of the bid, delivering
any toxic substances item as defined in Code of Federal Regulation Chapter 29, shall furnish to
the Purchasing Department, a Material Safety Data Sheet (MSDS). The material safety data
sheet shall be provided with initial shipment and shall be revised on a timely basis as
appropriate.
The MSDS must include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substance, including:
(1) The potential for fire, explosion, corrosively and reactivity;
(2) The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by exposure to
the toxic substance; and
(3) The primary routes of entry and symptoms of overexposure.
C. The proper precautions, handling practices, necessary personal protective equipment, and
other safety precautions in the use of or exposure to the toxic substances including
appropriate emergency treatment in case of overexposure.
D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this information,
F. The year and month, if available, that the information was compiled and the name, address
and emergency telephone number of the manufacturer responsible for preparing the
information.
Any questions regarding this requirement should be directed to: Department of Labor and
Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center,
2551 Executive Center Circle West, Tallahassee, FL 32301-5014, Telephone 1-800-367-4378.
11. OSHA: The bidder warrants that the product/services supplied to the School District of Palm
Beach County shall conform in all respects to the standards set forth in the Occupational Safety
and Health Act 1970, as amended, and the failure to comply with this condition will be
considered as a breach of contract.
12. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and
extend total. Prices must be stated in units of quantity specified in bid specifications. In case of
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School tnttnrl of Palm HHrch County Ft H J 090 1H
discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. AU prices FOB
destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt
payment: Award, if made, will be in accordance with terms and conditions stated herein. Each
item must be bid separately and no attempt is to be made to tie any item or items in with any
other item or items. Cash or quantity discounts offered will not be a consideration in
determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of
30 days will be required for payment, and the discount time will be computed from the date of
satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified.
13. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped
as a result of this bid shall be new (current production model at the time of the bid). All
containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
14. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured
items and fabricated assemblies shall be UL listed or re-examination testing where such has
been established by UL for the items offered and furnished.
15. DELIVERY: Unless actual date of delivery is specified, show number of days required to make
delivery after receipt of purchase order in space provided. Delivery time may become a basis for
making an award (See Special Conditions). Delivery shall be within the normal working hours of
the user, Monday through Friday, excluding holidays unless otherwise specified on the purchase
order.
16. QUALITY: The items bid must be new and equal to or exceed specifications. The
manufacturer's standard guarantee shall apply. During the guarantee period the successful
bidder must repair and/or replace the unit without cost to the District with the understanding that
all replacements shall carry the same guarantee as the original equipment. The successful
bidder shall make any such repairs and/or replacements immediately upon receiving notice from
the District.
17. SAMPLES._., DEMONSTRATIONS AND TESTING:
A. Samples of items, when required, must be furnished free of expense and if not destroyed,
will upon request, be returned at the bidder's expense. Request for the return of the
samples must be indicated on his or her bid. Each individual sample must be labeled with
bidder's name, bid number and item number. Failure of bidder to either deliver required
samples or to clearly identify samples as indicated may be reason for rejection of the bid.
Unless otherwise indicated, samples should be delivered to the Purchasing Department,
School District of Palm Beach County.
B. When required, the District may request full demonstrations of any units bid prior to the
award of any contract.
C. Items may be tested for compliance with specifications under the direction of the Florida
Department of Agriculture and Consumer Services, or an independent testing laboratory.
Bidders shall assume full responsibility for payment for any and all charges for testing and
analysis of any materials offered or delivered that do not conform to the minimum required
specifications. Bidder's disposition of all items delivered in this category must be at no
expense to the District.
18.
INSPECTION AND ACC_EPTANCE OF GOADS: The awarded bidder shall be responsible for
delivery of items in good condition at point destination. Bidder shall file with the carrier all claims
for breakage, imperfections, and other losses, which will be deducted from invoices. The District
will note, for the benefit of successful bidder, when packages are not received in good condition.
Feb6,?pt,:, t It1 ' ); '.+ f 5+ p 11
School Oisiticl „r P31m Beach Cohn$ Fi F1R.1 04;;-.11t
In the event the material and/or services supplied to the District is found to be defective or does not
conform to specifications, the District reserves the right to cancel the order upon written notice to
the seller and return the product to seller at the sellers expense.
19. LIABILITY, INSURANCE. LICENSES, AND PERMITS: Where bidders are required to enter or
go onto District property to deliver materials or perform work or services as a result of bid award,
the bidder will assume the full duty obligation and expense of obtaining all necessary licenses,
permits and insurance. Bidder shall be liable for any damage or loss to the District incurred by
bidder, bidder's employees, licensees of the bidder or agent or any person the bidder has
designated in completion of his or her contract as a result of the bid; further bidder shall be liable
for all activities of bidder occasioned by performance of the Contract. Not withstanding the
foregoing, the liability herein shall be limited to ten million dollars ($10,000,000) and the bidder
recognizes that and covenants that it has received consideration for indemnification provided
herein.
20. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the
materials/service from use as specified will not relieve the bidder from responsibility.
21. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted
with the bid in the amount specified in Special Conditions. Bid bonds will be returned to
unsuccessful bidders. After award of contract, the District will notify the successful bidder to
submit a performance bond in the amount specified in Special Conditions. Upon receipt of the
performance bond. the bid bond will be returned to the successful bidder.
22. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be
purchased during the term of award. Actual quantities purchased may often exceed or be less
than quantities shown. Orders will be placed as needed by individual locations during the
contract period. The bidder agrees that the price(s) offered shall be maintained irrespective of
the quantity actually purchased.
23. ORDERING PROCEDURE:
Specific Items: After approval of Contract award by the Board, a letter of contract acceptance will
be issued to each successful bidder acknowledging which goods or services have been
awarded. Separate purchase orders will be issued based on specific items at firm, fixed prices
listed in the bid.
Percent Discount Catalog Bids: Separate purchase orders will be issued with pricing based on
catalog and/or price lists.
No item may be shipped or service performed that is not listed on the purchase order.
24. POSTING OF BID AND SPECIFICATIONS: Invitation to Bid with specifications will be posted
for review by interested parties at bidsync.com and at the Fulton Holland Educational Services
Center, Purchasing Department, 3300 Forest Hill Boulevard, Third Floor, A -Wing Suite A-323,
West Palm Beach, FL 33406, on the date of bid electronic mailing and will remain posted for a
period of 72 hours. Failure to file a specification protest within the time prescribed in section
120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida
Statutes. and applicable Board rules, regulations and policies.
25. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the
procedures outlined in section 120,57(3), Florida Statutes, the Invitation to Bid, and School
Board Policy 6.14.
Any person who files an action protesting bid specifications, a decision or intended decision
Feb 6 :OD!).; 11119Pkil;if 2 1
School O+stnct of P3In1 Bc i.+t County Fl Bid 09C -1'H
pertaining to this bid pursuant to section 120.57(3)(b), Florida Statutes shall post with the
Purchasing Department, 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 Palm Beach County,
Florida in an amount equal to one percent (1 %) of the total estimated contract value, but not less
than $500.00 nor more than $5,000,00. Bond shall be conditioned upon the payment of all costs
that may be adjudged against the protester in the administrative hearing in which the action is
brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check,
certified bank check, bank certified company check or money order will be acceptable form of
security. If, after completion of the administrative hearing process and any appellate court
proceedings, the District prevails, it shall recover all costs and charges included in the final order
of judgment, including charges by the Division of Administrative Hearings. Upon payment of such
costs and charges by the protester, the protest security shall be returned.
26. INTERPRETATIONS: Neither BidSync nor any employee of the District is authorized to interpret
any portion of the Invitation to Bid or give information as to the requirements of the bid in addition
to that contained in the written bid document. Interpretations of the bid or additional information
as to its requirements, where necessary, shall be communicated to bidders by written
addendum.
27. SPECIAL CONDITIONS: If any conflict exists between any of the Special Conditions and/or the
Specifications and either the General Conditions for Bids or the Instructions to Bidders, the
Special Conditions and/or Specifications shall govern.
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School Ihstr;ctof Palm Bench County FI Bid 09(--11H
09C-41 H - SPECIAL CONDITIONS
A. SCOPE: The purpose and intent of this Invitation to Bid is to secure single fixed percentage
discount prices and establish a Term Contract for the Purchase and Delivery of Physical
Education / Athletic Supplies / Equipment, Uniforms, Shirts / Screen Printing and
Embroidery to various schools and departments located throughout Palm Beach County, as
specified herein, effective upon acceptance by the District.
B. DELIVERY: Items in this bid are for various schools and departments located throughout the
Palm Beach County School District and are not for delivery to any central location. Deliveries
are to be FOB Destination, Freight Prepaid and Allowed, with inside delivery. Any additional
delivery costs must be documented on the Variances Document of this bid. Deliveries should
be within 14 days after receipt of order (ARO) and no more than 30 days ARO. If delivery lead
time will exceed 30 days the vendor must contact the Purchasing Agent named on the PO for
approval of an extended lead time; the District will have the option to cancel the order at no
expense to the District. Any changes to the delivery times should be stated in the Bid
Requirements Document in this bid.
C. FREIGHT: Freight, shipping charges will be paid by the bid awarded vendor. It is suggested
that all delivery, freight, handling or other costs necessary to complete an order be calculated
into the bid price. Any delivery/freight costs not paid by the bidder should be stated in
the Bid Requirements Document in this bid.
D. AWARD: In order to meet the needs of the school system and in the best interest of the
School District, awards shall be made to all responsive, responsible bidders who submit
catalogs, offer a single fixed percentage discount, and otherwise comply with bid
specifications. A discount of 0% is acceptable,
E. M/WBE GOAL: The Goal Setting Committee has not established a bid preference for
participation/utilization of Minority/Women's Business Enterprises.
The Board strongly encourages the use of Minority/Woman owned business enterprises for
participation as partners, joint -ventures, prime contractor, sub -contractors, and in contracting
opportunities. Inquiries regarding listings of District and State Certified Minority, Women and
Disadvantaged Contractors can be made to the Palm Beach County School District's Office of
Diversity in Business Practices, 3300 Forest Hill Boulevard, Suite A-106, West Palm Beach,
FL 33406, or phone (561) 434-8508.
F. TERM OF CONTRACT: The term of this contract shall be for three years from the date of the
award, and may, by mutual agreement between the School District and the awardee, be
renewable for two additional one-year periods. If considering renewal, the District, through the
Purchasing Department, will request a letter of intent to renew from the awardee prior to the
end of the current contract period. The contract will be extended ninety (90) days beyond the
contract expiration date, if needed. The awardee agrees to this condition by signing their bid.
The awardee will be notified by the Purchasing Department when the recommendation has
been acted upon. All percentage discounts shall be firm for the term of this contract.
G. INSURANCE REQUIREMENTS: Proof of the following insurance will be furnished by the
awarded bidders to the School District of Palm Beach County by Certificate of Insurance.
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Original copies of Certificates of Insurance meeting the specific required provision specified
within this contract/agreement shall be forwarded to the School District of Palm Beach
County's Purchasing Department, ATTN: John H. Collins, Purchasing Agent, and approved
prior to the start of any work or the possession of any school property. Renewal certificates
must be forwarded to the same department prior to the policy renewal date.
Thirty days written notice must be provided to the School District of Palm Beach County via
certified mail in the event of cancellation. The notice must be sent to the Purchasing
Department.
The awarded bidders shall provide complete copies of any insurance policy for required
coverage within seven days of the date of request by the Purchasing Department.
1. WORKERS' COMPENSATION: Bidder(s) must comply with FSS 440, Workers'
Compensation and Employees' Liability Insurance with minimum statutory limits.
2. COMMERCIAL GENERAL LIABILITY: Awarded bidders shall procure and maintain,
for the life of this contract/agreement, Commercial General Liability Insurance. This
policy shall provide coverage for death, bodily injury, personal injury, products and
completed operations liability and property damage that could arise directly or
indirectly from the performance of this agreement. It must be an occurrence form
policy. THE SCHOOL DISTRICT OF PALM BEACH COUNTY SHALL BE NAMED
AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL
GENERAL LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined,
Single Limit for Bodily Injury Liability and Property Damage Liability.
3. BUSINESS AUTOMOBILE LIABILITY: Awarded bidders shall procure and maintain,
far the life of the contract/agreement, Business Automobile Liability Insurance. THE
SCHOOL DISTRICT OF PALM BEACH COUNTY SHALL BE NAMED AS AN
ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE
LIABILITY INSURANCE.
The minimum limits of coverage shall be $ 1,000,000 per occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage
shall be an "Any Auto" form policy. The insurance must be an occurrence form policy.
In the event the contractor does not own any vehicles, we will accept hired and non -
owned coverage in the amounts listed above. In addition, we will require an affidavit
signed by the contractor indicating the following:
(Company Name) does not own any vehicles. In the event
we acquire any vehicles throughout the term of this contract/agreement,
(Company Name) agrees to purchase "Any Auto" coverage as of
the date of acquisition.
H. INFORMATION: Any questions by the prospective bidders concerning this Invitation to Bid
should be submitted on BidSync at www.BidSvnc.com. John H. Collins, Purchasing Agent,
is authorized only to direct prospective bidders to various portions of the bid so they may
read and interpret such for themselves. Neither John H. Collins, nor any employee of the
v(; A .'UQf "1 18 1'' 1'r,t [ ST ; 1(•
School DisI•ct of PoInt fielch Counl•r H Hirl i)9C,-.11.1
District is authorized to interpret any portion of the bid or give information as to the
requirements of the bid in addition to that contained in the written bid document.
Interpretations of the bid or additional information as to its requirements, where necessary,
will be communicated to bidders by an electronic addendum.
I. EARLY PAYMENT TERMS: Offers of discounted payment terms are encouraged and may
be offered on the Early Payment Terms Document in this bid.
J. PAYMENT / PAYMENT TERMS: Payment will be made after the goods/services from the
awarded vendor have been received/completed; inspected and found to comply with award
specifications, free of damage or defect; and a properly billed invoice is received and
processed in the Accounting Services Department.
The District's payment terms are net 30 days; however, the District will accept terms for early
payment. Complete the Early Payment Terms Document contained in this packet.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
with the bid.
2. The receipt of a properly billed invoice in the Accounting Services Department.
Invoices to the School Board MUST include the following to permit verification of
prices and expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Shipment
4. Line Item Total or Extended Price
Invoice copy and/or packing slip must be presented at time of delivery. Original
Invoice must be sent to Accounting Services. Failure to timely submit invoices(s) to
Accounting Services as set forth above may significantly delay processing and
payment of the invoice.
The. School Board will not process invoices submitted more than 120 Days after the
date the goods or services were delivered without prior approval from the
Accounting Services Department.
Vendor waives claims for payment of goods and/or services on invoice(s) not
received by the Accounting Services Department within 120 Days of the delivery.
Prior approval by Accounting Services is required if invoicing will extend past 120
days.
The above terms and conditions are agreed to by submitting an offer on this bid.
K. INCORRECT PRICING/INVOICES: Any pricing on invoices that is incorrect or freight charges
that were not included on the original Purchase Order, must be brought to the attention of the
Purchasing Agent and corrected prior to the shipment(s) of goods or initiation of services.
Additional costs that were not brought to the District's attention and did not receive written
approval via a Change Order issued by the Purchasing Agent will not be honored.
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School niStncl of F'rilrn Par,h t .ruunhr Owl 09C -111I
L. CHANGE ORDERS: Any addition(s) to the Scope of Work or to a Purchase Order as a result
of the bid award that adds additional costs must be brought to the School Districts attention
and approved by the Purchasing Department prior to commencement of additional work,
shipment of goods or the addition of unauthorized freight charges. Once approved, a Change
Order will be issued to include the additional costs and work may commence and/or shipment
of goods can begin. Additional costs that were not brought to the district's attention and did not
result in a Change Order approved by the Purchasing Agent will not be honored.
M. DISTRICT PURCHASING CARD: The School District has authorized the use of a Purchasing
Card with Visa through the Bank of America to expedite small dollar purchases for materials,
supplies, and other items needed for daily operations. Vendors may be presented these credit
cards by authorized School District personnel for the above mentioned purchases. Each
cardholder's authorization limit may not exceed $1,000 daily per vendor effective July 1, 2006
(with the exception of travel). Purchase orders are strongly discouraged for purchasing
materials, and supplies under $1,000.
N. FIXED PERCENTAGE DISCOUNT: Bidder shall indicate in all spaces provided on Bid
Summary Document their single fixed percentage discount to be deducted from the catalog list
prices and the discount guarantee for the term of this contract. Bidders should offer their
single fixed percentage discounts, as described on the Bid Summary Document, from the
catalog list price. The Bidder shall also indicate on the Bid Requirements Document that the
indicated discount is for the term of the contract,
The single fixed percentage discount quoted by the bidder must apply to the catalog list
prices of all catalog items and will be deducted from the total order after the order has been
priced from the catalog fumi shed with the bid.
O. BALANCE OF LINE: The "balance of line" shall include new product and upgraded catalogs.
Additions shall be submitted as they occur. Deletions and discontinued items shall be
reported by bid awarded vendors as they occur.
P. CATALOG: Bidders shall furnish with this bid as an electronic attachment, one copy of their
current catalog with prices or a price list if no catalog is available per Bid Requirements
Document.
Upon award of bid, successful bidders will be advised of the Email addresses to supply
catalogs to the various schools and departments. All successful bidders must deliver this
same current catalog to the various Palm Beach County schools and departments upon
request at no cost to the School District,
Q. WARRANTY: Items specified herein shall be guaranteed by the successful bidder to be free
of defects of materials and workmanship for a period of no less than one year from the date of
delivery. All models delivered are to be the latest and newest models available from the
manufacturer and must be so certified.
R. PRICE ADJUSTMENT: The discount percentage, terms and conditions contained in the bid
are to remain firm throughout the contract period. If, during the contract period, the bidder
issued replacements to the catalogs)/price list(s) submitted with the bid, such replacements
are to be forwarded to the District Purchasing Department no less than seven days prior to
the effective date of the same, along with a written request for acceptance, referencing the bid
number and stating the effective date of such change. Bidder must deliver copies of the
Eel) h,?WO''3 to If4 ES
p 18
School ulslnrt of Pain' He.ictt Cotinly Fl Bid fly( 1 111
replacement catalogs/price list electronically or hard copy with new prices to the District's
Purchasing Department at no cost to the District when authorized to do so.
S. ESTIMATED DOLLAR VALUE: No guarantee of the dollar amount of this bid is implied or
given.
T. ORDERS: The District is NOT obligated to place any order with any vendor participating in
this bid. However, all schools and departments will be urged to refer to catalogs and
discounts of participating vendors to fill their orders at the lowest prices. Those bidders with
the lowest net prices (after deduction of fixed percentage discount) for the most items should
receive the largest volume of business.
U. PICKUP DISCOUNTED PRICE: Various District schools or departments may at their option
pickup Physical Education/Athletic supplies, equipment, uniforms and shirts from the
successful vendor's place of business. Those items which are picked up shall be priced in
accordance with the required pricing. Any additional discount offered if items are picked up
should be stated on the Bid Requirements Document and should remain firm for the term of
the contract. The District will always accept an additional discount.
V. MINIMUM ORDER: If bidder wishes to set a minimum order amount, they must so indicate in
space provided in the Bid Requirements Document.
W. UNIFORMS/SHIRTS: This bid includes uniforms for various sports for both male and female,
such as, but not limited to: baseball, basketball, cheerleading, color guard, cross country,
football, golf, lacrosse, soccer, softball, swimming, tennis, track, volleyball and wrestling. This
bid may also be utilized for T-shirts, staff shirts, polo shirts and the like. Pricing for lettering,
numbers, screen -printing, embroidery, etc., shall be quoted on a per order basis. Bidders
shall indicate, if applicable, on the Bid Requirements Document the percentage discount for
orders placed during "off season" periods when discounts are greater, and provide "cut-off"
dates for uniform orders.
X. INSTALLATION: The successful bidder shall be responsible for off-loading, setup, assembly,
training (if requested by the school or department) and making operable all items contained
herein, unless bidder has indicated otherwise on the Bid Requirements Document under
Exceptions. The successful bidder shall be responsible for the removal and dunnage of all
cartons, packaging or trash as a result of setup/assembly of purchased equipment.
Y. SHIPMENTS AND INVOICES: If possible, shipments should be made in one increment. If
this is not possible, the remaining shipment will be made in no more than two increments.
The first shipment will be made and invoiced upon receipt of the purchase order. The final
shipment to complete the purchase order, if necessary, will be made no more than sixty
(60) calendar days subsequent to the date of the purchase order. NO PAYMENTS WILL
BE MADE ON PARTIAL SHIPMENTS.
Z. AREA REPRESENTATIVE: Bidder should indicate in space provided on the Area
Representative Document the name, address, phone number and email address, if available,
of the vendor representatives who will make periodic scheduled visits to the schools and
departments and will be available, upon request, to resolve billing and delivery problems
AA.BID QUESTIONS: All questions related to this bid must be submitted through BidSync and
must be received no later than 5:OOPM, Friday, February 13, 2009
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5cmool [Astrid of Palm E?e.irk County Ft fivi ih(,•.11 �i
BB.POSTING OF BID RECOMMENDATION / TABULATIONS: Bid recommendations and
tabulations will be posted electronically with BidSync and at the Purchasing Department for
review by interested parties, at 3300 Forest Hill Boulevard, Suite A-323, West Palm Beach,
FL, on Tuesday, March 3, 2009, at 3:00 p.m., EST, and will remain posted for a period of 72
hours. If the bid tabulation with recommended awards is not posted by said date and time,
A "Notice of Delay of Posting" will be posted to inform all bidders of the new posting date
and time.
Any person adversely affected by the decision or intended decision, as defined in School
Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the
posting of the notice of decision or intended decision. Saturdays, Sundays and State Holidays
shall be excluded in the computation of the 72 -hour time period. The formal written protest
must be filed within 10 days after the date the notice of protest is filed. The formal written
protest shall state with particularity the facts and law upon which the protest is based. Failure
to file a notice of protest or to file a formal written protest within the time prescribed in section
120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120,
Florida Statutes.
Fr!) 5 ?0Qrt 3: fi 19 F'r,t CST p 20
Quote from BOB LAWRENCE
EXHIBIT "B"
Page 2 of 3
ID
QUOTE:
1119645
01/20/2010
Page 1 of 2
Salesperson
BOB LAWRENCE
Store Quote Dt ACCOUNT ID CUSTOMER NAME
020 01/20/2010 20-141956 VILLAGE OF KEY BISCAYNE
Bill To
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH
10 VILLAGE GREEN WAY
KEY BISCAYNE FL 33149
Ship To
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH
10 VILLAGE GREEN WAY
KEY BISCAYNE FL 33149
LN
Product
Description List
Price
1 Qty
Total
1
TRU-CS6.0
TMILL-23X63/5HP/PROG/5-20NEMA/12MPH 7699.00
1
5,595.00
4
22,380.00
2
PICK-UP/TRADE
TRUE 850 TREADS
1,500.00
-4
-6,000.00
3
CYBEX-750A
ARC -CORDLESS ARC PLAT. SPARKLE
7795.00
5,195.00
2
10,390.00
4
PICK-UP/TRADE
CYBEX ARC TRAINERS
800.00
-2
-1,600.00
5
STAR-E-RB
RECUMBENT BIKE -E SERIES
3545.00
2,594.00
2
5,188.00
6
PICK-UP/TRADE
TRU CS8.0 RECUMBANTS
250.00
-2
-500.00
7
STAR-E-UB
UPRIGHT BIKE E SERIES
3245.00
2,345.00
1
2,345.00
8
PICK-UP/TRADE
TRU CS8.0 UPRIGHT
250.00
-1
-250.00
9
STAR -E -SPINNER
NXT SPINNER W/EMBEDDED SCREEN
4999.00
3,795.00
1
3,795.00
10
DEL-INST
FREIGHT & INSTALLATION
3,127.95
1
3,127.95
11
PAYMENT TERMS:
12
30% DEPOSIT W/ ORDER
13
OR
14
PURCHASE ORDER
15
BALANCE DUE/ INVOICE FOR PAYMENT
16
SIGNATURE REQUIRED:
17
PRINT NAME:
18
DATE: •
19
PRE -ASSEMBLY
ITEMS MAY BE DEL'D ASSEMBLED
.00
1
.00
20
TIME
DISPATCH TO ASSIGN TIME WINDOW
.00
1
.00
21
IT'S OUR PRIVILEGE TO SERVE YOU
22
12 PT.CHECK LIST
12 POINT CHECKS COMPLETED
.00
1
.00
Page 1 of 2
GYM SOURCE MIAMI
www.gymsource.com
REMIT TO: 100 DANBURY RD - SUITE 104,
RIDGEFIELD, CT 06877
Quote # 1119645
Phone: 954 818-5502 FAX: 954 428-7840
1/20/2010
Quote from BOB LAWRENCE
Page 3 of 3
o
QUOTE:
1119645
01/20/2010
Page 2 of 2
Salesperson Store Quote Dt ACCOUNT ID CUSTOMER NAME
BOB LAWRENCE 020 01/20/2010 20-141956 VILLAGE OF KEY BISCAYNE
Bill To
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH
10 VILLAGE GREEN WAY
KEY BISCAYNE FL 33149
Ship To
VILLAGE OF KEY BISCAYNE
TODD HOFFERBERTH
10 VILLAGE GREEN WAY
KEY BISCAYNE FL 33149
LN
Product
QUOTE IS VALID FOR 30 DAYS
Page 2 of 2
GYM SOURCE MIAMI
I
Description
L List [ Price I Qty I Total 1
Subtotal 38,875.95
Total 38,875.95
www.gymsource.com Quote # 1119645
REMIT TO: 100 DANBURY RD - SUITE 104,
RIDGEFIELD, CT 06877
Phone: 954 818-5502 FAX: 954 428-7840
1/20/2010