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Home My WebLink AboutCity of Tamarac Resolution R-2018-096Temp. Reso #13138 June 19, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018- C16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE PURCHASE OF FITNESS EQUIPMENT FROM GYM SOURCE USA, LLC, AT A COST NOT TO EXCEED $175,974.13, UTILIZING BROWARD COUNTY SCHOOL BOARD CONTRACT #16-097N; AUTHORIZING AN APPROPRIATION OF $113,887. PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Fitness Center has offered a friendly, non- competitive workout environment for our residents, employees, and surrounding neighbors for the past 18 years; and WHEREAS, the City of Tamarac Fitness Center currently has fitness equipment consisting of Life Fitness machines, treadmills, elliptical cross trainers, recumbent lifecycles, stationary bikes, free weights, and more; and WHEREAS, the age of the existing fitness equipment ranges from 10-18 years old which has already exceeded the average 10-year expected lifecycle for fitness equipment; and WHEREAS, fitness equipment endures substantial use and to meet current trends in fitness, an upgrade to existing equipment is needed to improve client satisfaction, keep up with other area fitness centers and incorporate the latest technology to improve client results and increase safety; and WHEREAS, City of Tamarac Code, §6-148 allows the Purchasing Manager the authority to waive purchasing procedures and purchase equipment which is the subject of contracts with the State of Florida, the Unites States Government, or with other government agencies; and Temp. Reso #13138 June 19, 2018 Page 2 n WHEREAS, Gym Source USA, LLC, provided a quote for the acquisition cost in the amount of $175,974.13 for the requested fitness equipment and the removal and replacement of existing equipment, attached hereto as Exhibit "'I"; and WHEREAS, the proposed fitness equipment pricing is per Broward County School Board Contract # 16-097N, attached hereto as Exhibit ' 2"; and WHEREAS, the Director of Financial Services and the Director of Parks and Recreation recommend the purchase of new fitness equipment; and WHEREAS, funding for this purchase is available in the Parks and Recreation Aquatics Division budget; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to purchase new fitness equipment from Gym Source USA, LLC, at a cost not to exceed $175,974.13 per the quote attached hereto as Exhibit "'I". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits referenced herein are incorporated and made a specific part of this resolution. SECTION 2: The appropriate City Officials hereby authorize the purchase of fitness equipment from Gym Source USA, LLC, utilizing Broward County School Board Contract # 16-097N, for a cost not to exceed $175,974.13. Temp. Reso #13138 June 19, 2018 Page 3 SECTION 3: An appropriation in the amount of $113,887 is hereby authorized and will be included in a budget amendment prior to November 30, 2018. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this oO day of 2018. A R' RESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO 149ram/ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM t UEL S. G REN CITY ATTORNEY [www.gymsource.com] (GYM SOURCE FIT FOR YOUR LIFE Temp. Reso. #13138 - Exhibit 1 QUOTE: 2021785 07/31/2018 Page 1 of 6 Salesperson Store Quote Dt ACCOUNT ID CUSTOMER NAME BOB LAWRENCE 020 01/24/2018 24-365845 CITY OF TAMARAC Bill To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Ship To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 LN I Product Description List Price Qty I Total 1 CYBEX-R50T R50 TREAD BASE 8200.00 6,150,00 6 36,900.00 2 CYBEX-R50R USE CYBEX-R50B-R 4040.00 3,030.00 2 6,060,00 3 CYBEX-R50U USE CYBEX-R50B-U 3728.00 2,796.00 2 5,592.00 4 STAIR-G81BASE GAUNTLET BASE (MUST INCLUDE CONSOLE) 7545.00 5,804.00 1 5,804.00 5 STAIR-G8/CON-LCD LCD CONSOLE FOR GAUNTLET (NEED BASE) .00 1 .00 6 OCTANE-4700XT/BS XT-4700 BASE ONLY 109000-001 5199.00 4,949.25 4 19,797.00 7 OCTANE-4700XT/STD XT-4700 STD CONSOLE 111240-001 1400.00 .00 4 .00 8 OCTANE-XT-ONEBASE XT-ONE BASE 109100-001 6499.00 5,924.25 2 11,848.50 9 OCTANE-XT-ONE/STD XT-ONE STD CONSOLE 110400-001 1400.00 .00 2 .00 10 OCTANE-LATX8/BS LX8000 BASE ONLY 111200-001 6299.00 5,774.25 2 11,548.50 11 OCTANE-LATX8/STD LX8000 STD CONSOLE 111302-001 1400.00 .00 2 .00 12 OCTANE-XR6000BS XR6000 BASE ONLY 111300-001 4049.25 4,049.25 1 4,049.25 13 0CTANE-XR6000/STD XR6000 STD CONSOLE 111301-001 1400.00 .00 1 .00 14 CONCEPT II/E-PM5 ROWER -MODEL E CONCEPT II W/PM5 2713-US 1260.00 1,260.00 1 1,260.00 15 16 CYB/PRST-ARM 21070-ARM CURL STD 4455.00 3,712.50 1 3,712.50 18 CYB;PRST-AC 21090-ABDOMINAL STD 4239.00 3,532.50 1 3,532.50 19 CYB;PRST-SP 21010-SHOULDER PRESS STD 5103.00 4,252.50 1 4,252.50 20 CYB/PRST-CPS 21000-CHEST PRESS STD 5103.00 4,252.50 1 4,252.50 21 CYBiTRST-LPRS 21040-LEG PRESS STD 6993.00 5,827.50 1 5,827.50 22 CYB/PRST-SELC/SRL 21061-SEATED LEG CURL W/SRL STD 5103.00 4,252.50 1 4,252.50 23 CYB/PRST-LES/SRL 21051-LEG EXTENSION W/SRL STD 5103.00 4,252.50 1 4,252.50 24 CYB/PRST-FLY/REAR 21110-FLY/REAR DELT STD 5427.00 4,522.50 1 4,522.50 25 CYBNRI-AA 13180-HIP AB/AD 1 4617.001 3,847.501 1 3,847.50 Page 1 of 6 Gym Source USA LLC Quote # 2021785 GYM SOURCE MIAMI Phone: 954 818-5502 FAX: (407) 210- 2407 REMIT PAYMENT TO: GYM SOURCE DEPT. 106042, PO BOX 150468, HARTFORD, CT. 06115-0468 [www.gymsourc ur e.coom] 0 (SOURCE FIT FOR YOUR LIFE QUOTE: 2021785 07/31/2018 Page 2 of 6 Salesperson Store Quote Dt ACCOUNT ID CUSTOMER NAME BOB LAWRENCE 020 01/24/2018 24-365845 CITY OF TAMARAC Bill To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Ship To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 LN Product Description List I Price I Qty Total 26 27 CYB/PP-CORE POWER PLAY CENTER TOWER 1381.00 1,151.10 1 1,151.10 28 CYB/PP-ADC POWER PLAY DIP/CHIN ASSIST (PWR) 3505.00 2,920.50 1 2,920,50 29 CYB,PP-AP41 POWER PLAY ADJ PULLEY 4:1 (PWR) 2785.00 2,321.10 1 2,321.10 30 CYB/PP-LP POWER PLAY LAT PULL (TRAD) 2515.00 2,096.10 1 2,096.10 31 CYB,PP-RW POWER PLAY LOW ROW (TRAD) 2515.00 2,096.10 1 2,096.10 32 35 CYB/PL-SEC 16212-SEATED CALF 1971.00 1,642.50 1 1,642.50 36 CYB,PL-SMI 16121-SMITH PRESS 4747,00 3,955.50 1 3,955.50 37 CYBIFW-AFD 16001-FLAT/INCLINE/DECLINE BENCH 967.00 805.50 4 3,222.00 38 CYBXW-ADB 16161-ADJ. DECLINE BENCH 967.00 805.50 1 805.50 39 CYB/FW-PC 16131-SCOTT CURL 1075.00 895.50 1 895.50 40 CYB/FW-ABE 16022-45 DEG BACK EXTENSION 1377.00 1,147.50 1 1,147.50 42 CYB/FW-BR 16260-BARBELL RACK 967.00 805.50 1 805.50 43 STREAM-ABCORE AB -FITNESS ABCORE WHITE 2445.00 2,200.50 1 2,200.50 44 FBB@TROY/U20-I10 20-110 TSB 12 SIDED U BARBELL KIT 3958.00 3,166.40 1 3,166.40 --* kits comprised of *-- FBB-TROY/TSB-U020 20LB FIXED 12 SIDED BARBELL I FBB-TROY/TSB-U030 30LB FIXED 12 SIDED BARBELL I FBB-TROY/TSB-U040 40LB FIXED 12 SIDED BARBELL I FBB-TROY/TSB-U050 50LB FIXED 12 SIDED BARBELL I FBB-TROY/TSB-U060 60LB FIXED 12 SIDED BARBELL I FBB-TROY/TSB-U070 70LB 'FIXED 12 SIDED BARBELL I FBB-TROY/TSB-U080 180LB FIXED 12 SIDED BARBELL I Page 2 of 6 Gym Source USA LLC Quote # 2021785 GYM SOURCE MIAMI Phone: 954 818-5502 FAX: (407) 210- 2407 REMIT PAYMENT TO: GYM SOURCE DEPT. 106042, PO BOX 150468, HARTFORD, CT. 06115-0468 [www.gymsource.com] 46 GYM QP1CS0URE FIT FOR YOUR LIFE QUOTE:1 2021785 07/31/2018 Page 3 of 6 Salesperson Store Quote Ot ACCOUNT ID CUSTOMER NAME BOB LAWRENCE 020 01/24/2O18 24-365845 CITY OF TAMARAC Bill To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Ship To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Product Description List Price Qty Total FBB-TROY/TSB-U090 90LB FIXED 12 SIDED BARBELL I r57 FBB-TROY/TSB-U100 IOOLB FIXED 12 SIDED BARBELL I FBB-TROY/TSB-Ul10 110LB FIXED 12 SIDED BARBELL I BARS-OLY7-TROY/PWR 7FT POWER BAR -BLACK 1500LB AOB 1500 28NLM 304.00 243.20 2 486.40 58 PL-OLY-HOG-U45 45LB HAMPTON URETHANE GRIP PLATE 180.00 144.00 10 1,440.00 59 PL-OLY-HOG-U35 35LB HAMPTON URETHANE GRIP PLATE 140.00 112.00 4 448.00 60 PL-OLY-HOG-U25 25LB HAMPTON URETHANE GRIP PLATE 100.00 80.00 6 480.00 61 PL-OLY-HOG-U10 I OLB HAMPTON URETHANE GRIP PLATE 40.00 32.00 6 192.00 62 PL-OLY-HOG-U05 5LB HAMPTON URETHANE GRIP PLATE 20.00 18.00 6 108.00 63 PL-OLY-HOG-UO2.5 2.51,13 HAMPTON URETHANE GRIP PLATE 10.00 8.00 6 48.00 64 NS-SP/TORQUE TORQUE 9QT10037 CUSTOM XLAB EDGE 10073.20 10,073.20 1 10,073.20 65 UF-BATTLE ROPE/0 30X1.5 COV UNDUL BATTLE ROPE XM-BR-3713 179.00 143.20 1 143.20 66 HAM-MEDBALL/04 4LB HAMPTON MEDICINE BALL PINK HMB-4 35.00 28.00 2 56.00 67 HAM-MEDBALL/ 06 6LB HAMPTON MEDICINE BALL RED HMB-6 45.00 36.00 2 72.00 68 HAM-MEDBALL/08 8LB HAMPTON MEDICINE BALL ORANGE HMB-8 55.00 44.00 2 88.00 69 HAM-MEDBALL/10 I OLB HAMPTON MEDICINE BALL YELLOW HMB-10 65.00 52.00 2 104.00 70 HAM-MEDBALL/12 12LB HAMPTON MEDICINE BALL GREEN HMB-12 75.00 60.00 2 120.00 71 SPR-XT-H EXERTUBE-HVY RESISTANCE -BLUE XTH 18.98 15.18 I 15.18 72 SPR-XT-VH EXERTUBE-XTRA HVY RESIS BLACK/PURP XTUHP 19.98 15.98 1 15.98 73 SPR-XT-M EXERTUBE-MEDIUM RESISTANCE -RED XTM 17.98 14.38 1 14.38 74 SPR-XT-L EXERTUBE-LIGHT RESISTANCE -GREEN XTL 16.98 13.58 I 13.58 75 SPR-XT-VL EXERTUBE-VERY LIGHT -YELLOW XTVL 15.98 12.78 1 12.78 76 KETTLEBELL-USA/05G KETTLEBELL-05LB VTX KETTLEBELL G2 9.95 7.96 2 15.92 77 KETTLEBELL-USA/IOG KETTLEBELL- I OLB VTX KETTLEBELL G2 21.00 16.80 21 33.60 Page 3 of 6 Gym Source USA LLC Quote # 2021785 Phone: 954 818-5502 FAX: (407) 210- GYM SOURCE MIAMI 2407 REMIT PAYMENT TO: GYM SOURCE DEPT. 106042, PO BOX 150468, HARTFORD, CT. 06115-0468 [www.gymsource.com] 4 GYM 7 (SOURCE FIT FOR YOUR LIFE QUOTE: 2021785 07/31/2018 Page 4 of 6 Salesperson Store Quote Dt ACCOUNT ID CUSTOMER NAME BOB LAWRENCE 020 01/24/2018 24-365845 CITY OF TAMARAC Bill To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Ship To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 LN Product Description List I Price Qty Total 78 KETTLEBELL-USA/15G KETTLEBELL- 15LB VTX KETTLEBELL G2 29.85 23.88 2 47.76 79 KETTLEBELL USA/20G KETTLEBELL-20LB VTX KETTLEBELL G2 39.80 31.84 2 63.68 80 KETTLEBELL-USA/25G KETTLEBELL-25LB VTX KETTLEBELL G2 49.75 39.80 8 318.40 81 TRX-STRAPS/CLUB4 COMMERCIAL TRX TRXCLUB4 209.95 157.46 4 629.84 82 DEL-N,/C DEL.CHGE.HAS BEEN BACKED OUT FROM PRICE .00 1 .00 83 *PRICES ARE PER BROWARD SCHOOL BOARD 84 BID NUMBER 16-097N, PRICES INCLUDE 85 FREIGHT -DELIVERY -INSTALL CHARGES 86 87 PICK-UP/TRADE LF ELLIP 95XI 400.00 400.00 -3 -1,200.00 88 PICK-UP,TRADE LF ELLIP 9500HR 300.00 300.00 -3 -900.00 90 PICK-UP/TRADE LF TREADMILL 95Ti 400.00 400.00 -5 -2,000.00 91 PICK-UR°TRADE LF TREADMILL 9500HR 300.00 300.00 -3 -900.00 92 PICK-UPi TRADE LF RECUMBENT BIKE 95RI 150.00 150.00 -2 -300.00 93 PICK-UP/TRADE LF BIKE 9500HR 75.00 75.00 -1 -75.00 94 PICK-UPTfRADE LF UPRIGHT BIKE 9500HR 75.00 75.00 -1 -75.00 95 PICK-UP,TRADE LF UPRIGHT BIKE CSLC 75.00 75.00 -1 -75.00 97 PICK-UP/TRADE LF INCLINED CHEST PRESS 400.00 400.00 -1 -400.00 98 PICK-UPfTRADE LF LATERAL RAISE 400.00 400.00 -1 -400.00 99 PICK-UP/TRADE LF ARM CURL 400.00 400.00 -1 -400.00 100 PICK-UPJTRADE LF ARM EXTENSION 400.00 400.00 -1 -400.00 101 PICK-UP/TRADE LF SEATED LEG PRESS 600.00 600.00 -1 -600.00 102 PICK-UP,TRADE LF AB CRUNCH WITH ARMS 400.00 400.00 -1 -400.00 103 1 PICK-UP,TRADE LF TORSO ROTATION 1 400.001 400.00 -1 -400.00 Page 4 of 6 Gym Source USA LLC Quote # 2021785 Phone: 954 818-5502 FAX: (407) 210- GYM SOURCE MIAMI 2407 REMIT PAYMENT TO: GYM SOURCE DEPT. 106042, PO BOX 150468, HARTFORD, CT. 06115-0468 [www.gymsource.com] 4 GYM P ISO U RC, E FIT FOR YOUR LIFE QUOTE: 2021785 07/31/2018 Page 5 of 6 Salesperson Store Quote Dt ACCOUNT ID CUSTOMER NAME BOB LAWRENCE 020 01/24/2018 24-365845 CITY OF TAMARAC Bill To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Ship To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 LN I Product Description List I Price I Qty Total 104 PICK-UP/TRADE LF CHEST PRESS 400.00 400.00 -1 -400.00 105 PICK-UP/TRADE LF AB CRUNCH 400.00 400.00 -1 -400.00 106 PICK-UP/TRADE LF BACK EXTENSION 400.00 400.00 -1 -400.00 107 PICK-UP/TRADE LF STANDING CALF 400.00 400.00 -1 -400.00 108 PICK-UPiTRADE LF DUAL HP ADUCTOR/ABDUCTOR 400.00 400.00 -1 -400.00 109 PICK-UP/TRADE LF SEATED LEG EXTENSION 400.00 400.00 -1 -400.00 110 PICK-UPiTRADE LF SEATED LEG CURL 400.00 400.00 -1 -400.00 Ill PICK-UP/TRADE LF ROW 400.00 400.00 -1 -400.00 112 PICK-UPJRADE LF PECTORAL/LAT/FLY 400.00 400.00 -1 -400.00 113 PICK-UP/TRADE LF SHOULDER PRESS 400.00 400.00 -1 -400.00 115 PICK-UP/TRADE LF GLUTE 400.00 400.00 -1 -400.00 117 PICK-URTRADE HAMMER UPRIGHT BENCH (PL) 300.00 300.00 -1 -300.00 119 PICK-UPlTRADE HAMMER DECLINE BENCH (PL) 300.00 300.00 -1 -300.00 120 PICK-UP/TRADE HAMMER INCLINE BENCH (PL) 300.00 300.00 -1 -300.00 122 PICK-UP/TRADE HAMMER VKR-CHIN DIP 50.00 50.00 -1 -50.00 123 PICK-UPrTRADE HAMMER ADJUST.BENCH 50.00 50.00 -1 -50.00 124 PICK-UP/TRADE HAMMER STATIONARY DECLINE BENCH 50.00 50.00 -1 -50.00 125 126 COLORS FRAME: /UPH: .00 1 .00 127 PAYMENT TERMS 30% DEPOSIT WITH SIGNED QUOTE .00 1 .00 128 BALANCE DUE AT DELIVERY 129 SIGNATURE REQUIRED: 130 PRINT NAME: 131 DATE: Page 5 of 6 Gym Source USA LLC Quote # 2021785 Phone:954 818-5502 FAX: (407) 210- GYM SOURCE MIAMI 2407 REMIT PAYMENT TO: GYM SOURCE DEPT. 106042, PO BOX 150468, HARTFORD, CT. 06115-0468 [WWW.gymsource.com] GYM S 0 U R C FIT FOR YOUR LIFE QUOTE: 2021785 07/31/2018 Page 6 of 6 Salesperson Store Quote Dt ACCOUNT ID CUSTOMER NAME BOB LAWRENCE 020 01/24/2018 24-365845 CITY OF TAMARAC Bill To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 Ship To CITY OF TAMARAC 7525 NW 88TH AVE TAMARAC FL 33321 LN I Product Description List Price I Qty I Total 132 NOTE: CONCEPT II Warranty is Covered by Manufacturer .00 1 .00 133 MAINTENANCE MAINTENANCE 2YRS(8 VISITS) A $5000 VALUE .00 1 .00 134 WARRANTY CYBEX CARDIO: 3YRS PARTS/3YRS LABOR .00 1 .00 135 WARRANTY STAIR WARRANTY: 3YRS PARTS.13YRS LABOR .00 1 .00 136 WARRANTY OCTANE WARRANTY: 3YRS PARTS/3YRS LABOR .00 1 .00 137 WARRANTY CYBEX STRENGTH WARRANTY: .00 1 .00 138 WARRANTY I LABOR/2YRS PARTS/ 120 DAYS CABLES&GRIP .00 1 .00 139 WARRANTY CYBEX FREEWEIGHT/PLATELOADED .00 1 .00 WARRANTY: 140 WARRANTY IYR LABOR / 2YRS PARTS .00 1 .00 141 WARRANTY TORQUE WARRANTY:IOYR FRAME/IYR .00 1 .00 PARTS+LBR 142 143 NS-SP/TORQUE XRSWM-4-14-X1 WALL RACK TORQUE FITNESS 4315.00 4,315.00 1 4,315.00 144 NS-SP/TORQUE TORQUE XRACK-4SX 4FT SINGLE CROSS MEM. 62.54 62.54 2 125.08 145 NS-SP/TORQUE TORQUE XRACK-6SX 6FT SINGLE CROSS MEM. 70.80 70.80 1 7Q80 146 NS-.SPTORQUE TORQUE XRACK-9U 9FT UPRIGHT (GREY) 165.20 165.20 4 660.80 147 TORQUE SKUS 144-146 SO UNIT CAN BE 148 FLOOR MOUNTED 149 CYBEX-R50T/LED R50 TRD LED CONSOLE .00 6 .00 150 CYBEX-R50B,ILED R50 BIKE LED CONSOLE 1 .001 4 .00 QUOTE IS VALID FOR 30 Subtotal 224,317.03 175,974.13 DAYS TOTAL SAVINGS = TOTAL 224,317.03 175,974.13 $48342.90 H GYM SOURCE RESERVES THE RIGHT TV ASSESS A :3 /o PKUCL551Nb FEE FUK PATMbN I MAUL esT I.KLU1 i I.AKU IN CAI.C55 Vr `., 1,,UUV Page 6 of 6 Gym Source USA LLC Quote # 2021785 GYM SOURCE MIAMI Phone: 954 818-5502 FAX: (407) 210- 2407 REMIT PAYMENT TO: GYM SOURCE DEPT. 106042, PO BOX 150468, HARTFORD, CT. 06115-0468 Temp. Reso. # 13138 - Exhibit 2 1 BOULEVARD. i i ♦ �l.£'. VIP P Y. ♦ .w.dR .!Et }i ililaL'. tr. P ♦ !. AWARD DETAILS • f ` 16-097N pr&vtous! 1 . r WA Contract Contract W* 014 1i Contract04tabor 2016 Contractsr • Date'. 0di 19 Purchasing Ager* Michelle Bryant •purchasing Agent Telephone,s 4 i purchasing Agent Sp000l� Vanessa Mendoza r• „(1tR • n ♦ ael R E-mail Addresw Telephone Number !1 54 r• si. a • •' i i • ♦ i e i individual Purchase Orders e.. •the name and ♦ 9 e i R • • • " f . and Mf�j�j�IWIBE Goal and MIWBE. VWWOfs. N/A Medtoct • -meta up prints in • a • meet the neodt of SBBC, each ITEM, shall be awarded to On$ ry and site •i • ^ •• and conditions. The Awardee providing i terms PIN 0� found default of its contract- have its contract • a and Z; removed from the bid list and not be eligible to do business with SBBC for two YW in General Conditions R f R• i i • e • ` i *a derisnad to prouiaie • detailed w of aukvtdnsl of eautta an in dalsth Hove set of sa to the Bid doet•mentmion wits be w1iptied ipan r4*11, to aidi� for ears toms it" i ; AdMtumei wptwrt` in g _ may. 02(20 1 i PROCUREMENT & WAREHOUSING SERVICES 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FL 33351 - PH: 754-321-0505 EMAIL: PurchasinoHgIDDesk(MBrowardSchools.com w•- brows k1 11 t 1s toDN/ BSN Sport, LLC. (Passon's Sports & P.O. Box 49 Jenkintown, PA 19046 Attn: Ryan McCracken Tele: 800-445-9446 Toll: 800-445-9446 Fax: 800-523-5112 Email: Dassonsbid at bsnsoorts.ccm Primary- Percentage Discount: Item 3: Champion Barbell 25% Item 7: Gill 6% Item 19: Stairmaster 5% Item 23: Wilson 40% Busy Body Gyms To Go LLC. Attu: Michael Angus u , , 1 2nd Place 910 S.W. Pompano Beach, FL.330 -x "Item 14: Tele: 954-781. L787 ux Ztan 16: Toll: 877-4964.W'TOO; It Fax: 954-7811S% -. iA'1v ri.1.:,adti Email: man¢us evmsto¢o.cbtn - �: •.. Cannon Sports : ' ..1. Attn: Jamie Clotid PO Box It 179 „ Burbank, CA 9154.0 Telephone; 800- -0064 Fax: 900-388-1993 Email: rders(aloannonsyorts.coitl Centurion Partne6 Ucalth And Fitness DBA Fitnessmiib ' Attu: Michael Scic{iiione�*>F: 3610 Quantum Blvd. Boynton Beach, FL 33426 Telephone:561-529-5590 Toll: 800-949-0731 Fax: 561-997-8788 Email: sales(alfiftt ss ith.com. .-BOb �tlWl'CthCe ,i.,� 40 East 52rd Street New York, New York 10022 Telephone: 212-6884222 Fax: 212-750-2886/ 407-210-2407 zn Email: bobs eDgymsource.com Percentage Discount: 40% 35% � 35% 40% 35% 35% 35% Item 17:'Schutt Itgm 24: World Sporting Goods Primary - tam 17: Schutt Item,24: World $partingGG9ods ' I roy Barbell %tEiti 4b: True Fitness Item 47: TRX Item 48: Tuff Stuff Item 49: Versa Climber Percentage Discount: 5% 5% Percentage Discount: 5% 5% Percentage Discount: 25% 20% 0% 20% 25% 20% 25% 20% 20% 5% 25% 20% 15% Primary: Percentage Discount: Life Fitness, a division of Brunswick Corporation Item 8: Hammer Strength 20% 9525 Bryn Mawr Avenue Item II: Life Fitness 25% Rosemount, Illinois 60018 Item 28: Brunswick Billiards 15% Attn: Andy Bogart Item 29. Cybex 25% Telephone: 847-288-3300 Item 34: In Movement 25% Toll: 800-634-8637 Item 36: Iron Grip 25% Fax: 847-288-3831 Item 39: SciFit 25% Email: Jeremv.wilson lifefilnem,com This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions. Refer to the Bid Solicitation/ Invitation to Bid for contractual teams and conditions. Additional supporting documentation will be supplied upon request. Rev. 02/2017 114100- PROCUREMENT & WAREHOUSIN( 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE. FL 33351 • PH: 754-321-050b EMAIL: PurchasincHeloDesk2BrowardSchools.corn • •• broward k12 fl IA1S t1 QQly/ MFAL, LLC. Attn: JeffThaes Primary. 1600 Division Road Item 12: M-F Athletics West Warwick, RI 02893 Telephone: 800-556-7464 Promaxima Manufacturing, LTD. Attn: Cindy Steele 5310 Ashbrook Drive Houston, Texas 77091 Telephone: 407-429-9972 Toll: 800-231-6652 Fax: 407-641-9017 Email: csteelr a nrorn ima corn -Refers to certified M/WBE business. Primary: item 38: Promaxima Percentage Discount: 10% Percentage Discount: 1% Delivery Requirements DELIVERY: All deliveries shall be F.O.B. destination point. Unless actual date of delivery is specified (or if specified delivery cannot be met), 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 state holidays and days during which.SBBC administration is closed E Contract Addendum and Contract Change Log The primary purpose of the log is to record/track each procurement action from the date of initial award (this includes amendments, modifications, addition/deletion of award items, transfer of funds between agreements, contract modifications, contract renewals, pre -qualification and/or MWBE certification of vendors, vendor information, changes, etc. This log eliminates the requirement to issue separate award sheet addendum. The following amendments/changes have been ;implemented subsequMi.to the award of this contract. For clarification only; the due date for the APRIL 11, referenced ITB is April 22, 2d1 B at 2:00pm Michelle Bryant Wilcox 2016 Delete: Page 13 of 28 pages I_rt• Rovicad - paae 13 of 28 Pages 'this document is not designed to provide a detailed overview of individual contracu or considered sn in depth comprehensive set of instructions. Refer to do Bid Solicitation/ Invitation to Bid for contractual terms and conditions, Additional supporting docttma ration will be supplied upon request. Rev. 02/2017 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 323, SUNRISE, FLORIDA 33351 TEL 754-321-0505 - FAX 754=321-0936 7720 WEST OAKLAND PARK BOULEVARD, SUITE �( SCHOOL BOARD PROCUREMENT & WAREHOUSING SERVICES NOAR PMAN, CRA RUPSRBDT, i7cs Chair MARY CATHERINE COICER, DIRECTOR www.browrrduboole.Com ROBIN LEMAN HEATHMER P. P. BRiNKNKWORTH DONNA P. KORN February 16, 2017 PATRICIA GOOD, LAUIUP RICH LEVINSON ANN MURRAY Gym Source USA, LLC, Email: bobfagmsouree com DR. ROSALIND OSGOOD 40 East 52rd Street RossnT W. RUNCIX New York, New York 10022 3gw1mandndq &*00, Attn: Bob Lawrence Subject: Letter of Agreement and Request for Certificate of Insurance ITB Number: 16.097N Description: Gym Equipment Term Contract: October 19, 2016 through October 31, 2019 Dear Mr. Bob Lawrence: The School Board of Broward County, Florida has accepted and awarded your ITB 16-097N Gym Equipment during the October 18, 2016 School Board Meeting in accordance with the specifications, terms and conditions, all pertinent laws of the State of Florida, and instructions as determined by the Attorney for the School Board. The School Board of Broward County, Florida reserves the right to terminate this contract at any time and for any reason given upon thirty (30) days prior written notice. Your Certificate of Insurance form must be on file in the office of Risk Management Department wiNn fifteen a-51 4970 of is notification. It is important that you notify your insurance agent for general liability insurance that the insurance requirements attached to the above ITB requires that The School Board of Broward County, Florida, be included as an additionally named insured under the General Liability Policy, This infQnmation crust be @peeifiaally skate on the Certificate of Insurance submitted by your insurance agent in order for the Certificate to be acceptable. The above ITB number and date must apyear on the . eat. submitted. No work can commence on the item(g) accepted on this ITB until this Certificate of Insurance form is received and approved, and a written purchase order is released. The completed Certificate of Insurance must have the stated address on the certificate: RISK MANAGEMENT DEPARTMENT, The School Board of Broward County, Florida, 600 SE 3*d Avenue, 11s+ Floor, Fort Lauderdale, Florida 33301. Any questions about your insurance certificate should be emailed to Suet Cheung at suet t1� eunobrywArdschools cam• Please put the ITB Title/Number/Vendor Name in the subject line of your email. The certificate of insurance must be faxed to TrackCertsNow at 1-866-897-0424 OR you may upload your certificate directly to the following link 13v t �tac.kcertsnow tout/tenlfaxuvlo$d{fazuRLq d fao. DO NOT EMAIL OR MAIL A COPY OF THE CERTIFICATE TO THE RISK MANAGEMENT DEPARTMENT. A condition of your contract with the School Board requires that you and all of your employees, subcontractors or agents who will be entering onto School Board property as a result of this award, wear while on School Board property, a photo identification badge issued by the School Board. This ITB requires the Awardee or its employees, who enter on School Board property, be properly badged and fingerprinted. The application process and form can be found at this link Ifr. ` " Mara k12 fl es/rnlli(gelta_f lihiil and lI gzt// •r.. w b ...,«a k12 Fl ns/V91ice/vdfAeccIe/FIBLQPRlNT CODES:ddf Sincerely Michell Bryant Wilcox Purchasing Agent III MBW:vm Cc: Suet Cheung, Risk Management Department Attachments "Educating Today's Students To Succeed In Tomorrow's World" Broward County Public Schools Is An Equal Opportunity/Equal Access Employer The School Board of Broward County, Florida Procurement & Warehousing Services ITB / RFP No,; 16-097N Tentative Board Meeting Date*: Notified: 268 Description: GYM EQUIPMENT For: DISTRICT -WIDE Fund: GENERAL OBLIGATION BOND ITB / RFP Rcc'd: 8 OCTOBER 18, 2016 ITB / RFP Opening: APRIL 22, 2016 Downloaded: 22 No. Bids: 0 Advertised Date; MARCH 31, 1016 I'OSTIN, Op l'fB /RFP RECnnanar» NOA1']ONffAILUI. TI�.i ITB / RFP Recommendations and Tabulations will be posted in the Procurement & Warehousing Services and www,Dentandstarxem on B 13. 3* and will remain posted for 72 hours. Any person sion shall file a notice of protest, in writing, within 72 hours after the posting of the notice of who is adversely affected by the decision or intended deci decision or intended decision. The formal written protest shag be filed within ton (10) days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. Section Saturdays, Sunda Florida Statutes, states that "The formal written protest shall state with particularity the facts and law upon which the protest is based." Saturdays. Sundays, state holidays and days during which the District is closed shall be excluded in the computation of the 72-hour time period provided. Filings shall be a tohe of c ttthe Director of Procurement & Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351. Any person on protesting an intended decision shall post with the School Board, at the time of filing the formal written protest, a bond, payable to The School Board of Broward County, Florida, (SBBC), in an amount equal to one percent (I %) of the estimated value of the contract. Failure to post the bond required by SBBC Policy 3320, Part VIII, Purchasing Policies, Section N, within the time allowed for filing a bond shall constitute a waiver of the right to protest. (*) The Cone of Silence, as stated in the ITB / RFP, is in effect until this ITB / RFP is approved by SBBC. The Board meeting date stated above is tentative. Confirm with the Purchasing Agent of record for the actual date the Cone of Silence has concluded. RECOMMENDATION TABULATION VENDOR NAM.C(s) BSN SPORT, LLC BUSY BODY GYMS TO GO, LLC CANNON SPORTS, INC. CENTURION PARTNERS HEALTH AND FITNESS, LLC GYM SOURCE USA, LLC LIFE FITNESS, INC MFAL,LLC PROMAXIMA MANUFACTURING, LTD. CONTRACT PERIOD: OCTOBER 19, 2016, THROUGH OCTOBER 31, 2019 By: I Agent) ITEiV I AWARD.)CD PRIMARY — ITEMS: 3,7,17,19,23 PRIMARY — ITMES: 2,13,14,16,18,19,20 PRIMARY — ITEMS: 17,24 ALTERNATE — ITEMS: 7,23 PRIMARY — ITEMS: 4,15,21,22,26,30,34.41,42,43 ALTERNATE — ITEMS: 2,5,6.8,9,10,1 I,13,14,20 PRIMARY — ITEMS: 5,9,10,25,27,31,32,33,37 ,40 44,45,46,47,48,49 PRIMARY —ITEMS: 8,1 1,28,29.34,36,39 PRIMARY — ITEMS: 12 PRIMARY — ITEMS: 38 Date: OCTOBER 13, 2016 Individuals who wish to The School Board of 13roward County, Florida prohlbiu any policy or procedure which results in discrimination on the basis of age , color, disability, gender--prraston, n, file d Y) ata754 3complain2 2158t may call the Executive Director, Benefits &EEO national origin, marital status, race, religion, sex or sexual orientatio Compliance at 754.321-2150 or Teletype Individuals with disabilities requesting accommodations under the AmericansMfl Machine (TrY) at Act (ADA) may call the Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype REVISED: 3/10/2016 I� 0 o Yq�yY Coll m Imillimcm Igloopm IN icomeme lom MCI Im Coll III long NMI E 10 :1110 11 oil 010 1w 11111111 logo I 111111i INNING looll IN I son IIIIIII II1l1II1 11 111 milli WE oil 11111119 .10 w1w oil IN I IN Iloilo 100111101 Ron MINE ml fL 9 h K m CS T 3 �LL E R. Mle M � n � n THE S010 )l.. 13t> 112i) f.>f' lilZ(.)11.1ltl) f`(yi l•'LORIll:1 I':1111•i S'fil.thl \\ft 1' \l+h Itt,r I I•.\ .\!(U. �I 111 iI1. �1 �i� to , l I Ultll' t i a.c:t •III 't l 1jl.pttlt • 1' \\ '°•1 '�..t.V„ rr, Vlt ilia 11• 11141.\\'I'N{1 i il\ \c tlrx)[ liOrllily r,•,,- N'N1, I,rn„.0 Il,l h1/,3i, Crnq \Ifia' \I I a!• 1 t,>, •, •.. r �.. � .,, I'Vial Cl'' .51, 2016 Nuni•, h1xfti\41`. Dear Pcospecuve B!coe,s SUBJECT' Instructions to Bidders Invitation to Bid 16-097N — Gym Equipment The St. citl Bono of 9rowarc Gaunty, f :0-3-i i S9BC is :r..!orestoo !r :e n,r•,:r Any Que5ben5 ald,n ` th,s 'YB sh4,l!(i ue PSUOnse lu Ire attached Invatatinn to 6±d pTBI fix GYM EQUIPMEN r `'�' y addressed Ir, rtP. ,rY vn^:x; <G :hP :ac(tress Stafec ADO4e, via lacs:ntlte at 754.32'•0533 or via c, ma,: ? . miehella,wilcoz browardschQQ;.Cam. do other SrhuW Board staff mer�!3e ;±t ufd hP • oatart,:c Cia!r>n to UYs TH Any :nt; rmap y ;hat arY enus :r ooruon of this ITg which is received by any method othor •hac: ar ?;1;Pndur , •.:,!,,:. b.: r• I'4 �n jhilt. In oft`•e±:n aSSu'P I.':31 yOUr'N K :r? Iu;: comPhan('e w•th ryi! .` ,;pen:,• t r ri•p , r'r . 10 lire inftow,ng areas: 4 ' 11 c. :1'(. t-,I,y •t..�-•::.3'.' Ote',K ; 7: he ' f5 0%ment. Say,ny uartlru.ar JI(e'•:: n• • MMrBE CERTIFICATIONIPARTICIPAI'ION - SEE EXHIBIT A S861C eras inAp!nenied a Mhlorttvr;knrngn 9usrness Enterprise Froc;•a,r as u<'u: ` r,r,; wilh SVhOo! BJdrd Policy 1007-A AUmCliStiatiYe Pfo;"dureL' for The SGI`��;r, i,•a, ; r,l l',•. 4 • �', f.?: ; `:'� :v �i'lai!n.. a!Id contracting aCirY!itl G d,'r:U4:b,aJ:: purpaao of (lie grog, ant it; tC ilhh t'� UWd. (' !. Ze tirdilanit' 'tnlmnly n d iv rrnn i 6 -Ata' Ur. Iitr.0 1 :t St.pp'IQr Dirersoy R Ouirea& p•,Z:l• iri: JB@C I)U:C iastn contract: to G C' i''`, ^eSS r:'tlt'iL',r••s; • :B�'r y; tt?„ IhP 90ar0�S "narket area to rAR! ;ie file the J•�a.'i t• 9 + A�i,,18_ vertiu s uNhE� f__r!ts ccrtract r'•-s to :e'n•i;Fc L_ SSG,„pgs,�i,n,,: , G OJtr acts Pr an) ' h', c. Forintormmor• on MNVBE. Certification, contact SBBC's Supplier Diversity &Outreach Program at 75432f•4550 � —�!ann • SECTION 2 SUBMfTTAI. REQUIREMENTS Sed,Un ?. $ubmllai RP,tt+l e'nrf$S. ,t i3 :Sh:hl ,j: a:` 54br11R: it i :03, 9Pf :. a•.r•1?C " tf, Ca ' :`4! h C SUO,:aLka^ye i>Ir.aSd "lane sc:'4 that 8i1 Phr.a'S h3vz bPen F?CIV00d 3S liar! p` y'00: b,,' paci(ipi•. V ' + ::OMPLETtON OF BIOS 'r,Y 3A :`t:.^.'rg8r1. Sh;;C's •, (r) : eh,: n :1•n } •u ,. l ,r,UB: +t.tu' :.> „t• : ';a: :;'•.i t: r•. r ,' .;vrp;r: ;J.i.'t?,J@H^:f :. :'i J\et ar.'C tic ]:t ir.ah:l•:,IC.)!2a'f,S. .,. V,:•:, '�:.. ,yrr ::,,'�, ,;,; .:.`at'.ae!t 'i �gGat)erh(,'kr'4nier,�f:•r:dn($4.CBt7,:',tit. !: . •tir:'-.•PS (^n •rOn! iC R,E:rt dCy • PRICING CORRECTIONS t a I:rR;2 ri','•lCIr7^ is necc.s;,a%j an the B!d Su:Y'mafy Shcel. ;)r.!'a' d S"t,t{k ;,nfn rnr0..^t' ".^.2 br:e:a : Ga uO cc:rr t n II r d lyure an, q ec,o uo All price r.ofmcdons sha:l be initialed by the person si nin `hie' :ne cdrr3,aed figWe or us,; an rNse'rr`s the rr�hl to ^o: rahu:air. r,n v ;i H g the bid even when using opaque correction fluid S68.1 legille Rafr•ug, G ^: i. pally :&co ..^t :Fu :c „ry+ r•.r, ' DUE GATE c0n.00 nr11 any'.! thf:se. r•n,> • 3;M are Cur- =n r'r!:ii:amen' auict 1'\ x( t)p rel,eaVtd On u• .., •` ,.'l: :.:t t> 41'.: �a�-�!,;e::r :l�• .'.,� .f I:. ,...! becure ir;c hate ur•C 10-e f ':r lt' tave t.G$ 8•;:5 n:r„g,vtd d:h;r ;?'�lr; fr,;r b8) CUhi•,:18WC1. •:3;;gt ., . ET ...' ;,,t,, :.:•.. n•!! •tot .., + STATEMENT OF "NO BID'• Jfe not ta i.:aa;; Ing .f J::I ,n C5,L'G:f i£: t7 GI!S r TB• Gt:'85C . R:e C(: ititn;.,;n' p: ' ^ i?,:J" ar"! fr!tts?' 7tFl facs!nLIR tC 7'iA •:,21-�ga j srr±) ua ^•:naa tc mlchella.wiicoz , rowarc}sdwui '�rdrei!OU,'rU SeN,l3c5 *men C)Pat iq f.rtU r ': w.. i t• �`< ^I :.! "'u•' Ra: ', Vef\ ,:np(iale•tl w 1>r+r-.,jrp,gr„ , u, ul, mt aA: %0, '!Y irK�r r4Rr(a5) :r: :;Frii', .i 'd:cho; f ri:rdni1'• 9! ;f° .. ... . 'J'Y er 91i :Etis s 3'6d : Gi:r t •; r; TABLE OF CONTENTS SECTION Ipapa 1 Bidder Acknowledgement............................................................................................ 1 2 Submittal Requirements............................................................................................... 1 3 General Conditions....................................................................................................... 2 4 Special Conditions........................................................................................................ 8 5 Bid Summary Sheets.................................................................................................... 12 6 FORMS AND ATTACHMENTS > Disclosure of Potential Conflict of Interest and Conflicting Employment or Contractual Relationship................................................................................... 15 > Drug -Free Workplace............................................................................................ 16 Insurance Requirements—, ....... I ................... ........... 17 > Legal Opinion on Bidder's Preference......,.......................................................... 18 W-9 Form .............................................. ............................ 19 ACH Payment Agreement...................................................................................... 23 7 Statement of "No Bid"_ ................................................................................................ 24 EXHIBIT A — MIWBE Participation Form and Monthly Utilization Report .... . ........... 25 EXHIBIT B —Certification of Debarment, Suspension, Ineligibility and Voluntary. , .... 27 Exclusion Lower Tier Transactions Page i of i Page Jr. vri t c: tiles cue on Or tietOre 2'00 p.m. Eastern Time T) at Procurement & Warehousing Services : GYM EQUIPMENT Michelle Bryant Wilcox 754-321-0503 SECTION 1, Bidder Acknowledgement W ACCORDANCE WITH GENERAL CONDITION 1, THIS SECTION MUST 9E COMPLETED RSPONSNE, BID. FAILURE TO PROVIDEIN (TS ENTIRETY fHCLUDING THE SIGNATURE OF AN AUTHORIZED REPRESENTATINOWEINDICATED BELOW AND SUBMITTED WITH THE THIS DOCUMENT, WITH THE BID, WILL RESULT IN BID BEING CONSIDERED NOESPO_ "REMIT TO" ADDRESS FOR PAYMENT: If paymenl(s) islere to be mailed to j address other than as stated on left, please complete section below. ❑Check this box if address is the same as slated on the left. P O Address: -- i City: 1C ------ -- — State:----- _ Zip Code7V_ � ` C L —--------- uy, Contact: —'- 1��c��1__C3,t1Gt1 —.-- Teienhnna Nhn.--------- Federal Tax Identification mber:y�� _n hereby certify that: I am submitting the following information as my firm's (Bidder) bid and am %� — --- " —'- — -- - -- ---- - - uthonzed by Bidder to do so. Bidder agrees to complete and unconditional acceptance of lho L• i �Ontents of all pages in this Invitation To Bid (ITB), and all appendices and the contents of any ddenda released hereto; Bidder agrees to be bound to any and all specficatiOns, terms and , Signature o Ut or presentative (Manual) itions contained in the ITB, and any released Addenda and understand that the following i r Ire requirements of this 118 and failure to comply will resuit in disquaunoarion of Wo sul) itieci: �LIX2 rider has riot divulged, discussed, or compared the bid with Other Bidders and has not colluded re`TBS ) I Y th any other Bidder Or party to any other bid; Bidder, its principals, or their lobbyists has not i Name of Authorized Rep ntative (typed or Prints iferad campaign contributions to School Board Members or offer contribut ors to Sciwol Board as embers fa campaigns of other candidates la political office during the period in which the �SL1.� idder is attempting to sell goods or services to the School Board. This period of limitation of Title - Waring campaign contributions shall commence at the time of the "cone of silence- period for j lany solicitation for a competitive procurement as described by School Board Policy 3320, Part' L�NI, Section GG as well as School Board Policy 1007. SeUion 5.4 -campaign Contribution i naising- Bidderacknowledges that all Information contained herein is part of the publicas defined by the State of Florida Sunshine and Public Records laws; all responses.nti information contained in this bid are true and accurate. e that this bid cannot be withdrawn within 90 days from date due. _ --- — - — — SECTION 2, Submittal Requirements SUBMITTAL REQUIREMENTS In order to assure that your bid is in compliance with bid requirements, please verify that the submittals indicated by the ® below have been sutxrtitted. ❑ Bid Bond ❑ Descriptive Literature ® M1WBE Participation ❑ Material Safely Data Sheets Special Condition Special Condition Exhlblt A Special Condition ® Manufacturers Authorization ® Conflict of Interest Form ® Certificate of Debarment - Special Condition 8 Section 7, Attachment t General Condition 45 ❑ Other ® Bidder's Preference Statement Special Condition - Speciaf Condition 11 Note: If our fir wishes to not submit a bid in res Dose to the ITe,-lease com lela and return, via maiaa l or fax, the Statement of No Bid attached as the .t page of this 1T9 I _� Form 3270D Broward County Public Schools Is An E ual 0 REVISED 11f20115 q Ppo lunitylEqua! Access Employer Page 1 SECTION 3, GENERAL CONDITIONS $EAKQ 8fD REqA1I1R—EMENT5: The 'Pidder Acknowledgement Suc1ton' mist net completed, Signed and rohrrnrd w+Ut tlw bid Tno Bid Summary Sheet panes on. which the Bidder actually submits a bid and any pages. upon whien intorelation is tocuired to be inserted. must De wmpioled and submitted with the bid. The School Board of Broward County (SBBC) reserves the right to reject any bid that fails to comply with these submittal requiremonls. a) %)QER'S RESPONSIBILITY: it to the rosponsibility of the Bidder to be cedaal Thal all numbered pages of the bid and all attachments thereto are rer,eiv d ind ilk Addendum released are iricemed prior to submrtung a bio willx+ut regard to how 3 copy of this ITS was obtained. All bids are subject to the conditions specified herrin on the atlarhod bid documents and or any Addenda issued therele. b) BIO SUBMITTED: Completed bid must be suhtnitled in a sealed envelope wch bid nunibor and name clearly typed or written on tho front of the sovolupe. Bids roust be lime stamped in Procuretneol and Warehousing Services on or before 2:00 p.n!, ET on date due for bid to be considered. Bids shalt he opened at 2 00 p.in ET on date due. Bids submitted by telegtaphic or faesimile lransmiss!oo shall not be acceplod. i c) EXECi1JI0NQF BID: Bid roust writer an <;ngirial manual signature of an authorized i representative in the space provided above. Ali bids must be competed in ask or i tYPOwriben. If a price correction is necessary, draw a single line through file entered figure and enter the corrected figure or use an opaque correction Iluid. i All wits corrections must be initialed U the pencon si min ylge r! eyerl_wtte11 uAjt�opa�c tie Mltq!ion Iluid, SBBC reserves the right to reject any bid or bid Item completed in pencll or any bid that contains illegible entries or price corrections not initialed. t d) BIDQING.PREFERENCE LAWS: ALL BIDDERS MUST COMPLETE AND SUBMIT THE LEGAL OPINION OF BIDDER'S PREFERENCE FORM IN ORDER TO BE CONSIDRED FOR AWARD. The Stale (A Fdo:ida provides a Bidders preferoncc for Flonda vendors for the purchase of personal property. The local preference is five (5) percent. Bidders outside the State of Florida must have an Attorney, licensed to practice aw in the out -of -stale jurisdiction, as required by Section 2. Chapter 297.084, Florida Statutes. execute the "01301100 of Out-of-Slato Bidder's Attornoy wit Bidding Pre!erences" form and must submit this farm with the submitted b.o. Such op:roon should permit SBBC•s reliance on such a3orney's opinion for purposes of compiylnq with Chapter 28?.084 Florida Statutes. Florida Bidders must arse Comptele its portion of the forn!. Faaure to sulxnul and sxecule this loam tivith the bid shalt •esud in bid being considered "nrr-rtsjl0nsive' and bio ra;ectod. PRfCES QUOTED; Deduct trade aiscounts and quote farm net prices. Give both unit price and extended total. Prices must be stated ir :NN to quantity specified in the oidding specification !ii case of discrepancy 'n romputhlg the amount of the bid, the Unit Price .rUO'80 shai! go,eT Ali pnces tpuoted shah us F.0 B oastwill and freight prepaid (Bidder pays and bears 'ra arlt cnarges) Awardee owns goods it.. iransi! and files any l;4nis Discounts for p•mnpl ayrront. Award. if made, shall be in accordance with ferns and conditions stated hwc-n Each item mutt it. Iwo toonralaly and no attemw ra to be f a cM . to be any item or toms nr any other item or items. Cash or auantill discounts otfefed shall na1_b,Q consideration in determination of award of bids If art Awardee offers a discount of offers terms less than Net 30, it is understood that a niinimunn of 30 days shall be lequuco for payment, and if a payment discount •s offered. the discount time shall be computed from the date of salisfactdry delivery at p!aLe or acceptance and receipt of correct rrtvoa:s at ;he office Spec, ail. a TAXES: SBBC does nol pay Federal Fxcnso and Slate taxes oo Buret purchase of argbh a personal property The at:phcable tax exemption number is shown 01'. the Purchase Order This exemption does no: apply to purchases of tangible personal Property made by contractors who use the langibfo personal property in fill. - performance of contracts for the improvement of SBBC owned real propo ty as dell in Chapter 192. Florida Statutes. I,) blj§TAKES: Bidders are expected to examine the specifications, eulivory schedules. bid prices ano eY!onsions, and all instructions pertaining to suppbes and services Failure to do so shall be at Bidder's risk CONDITION AND PACKAGING: I! s :irderstood and agreed Ina! any izorn oltc•'ea o' shipped as a result of this bid sha:1 tx new (curtenl production mode! )! the time or ems old; unless otherwise spec -hod Ali containers shall be suitable for storage or Shipment and all prices shall include standard commercial packaging. ill UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in :he Bid, all manufactured items and fabricated assomhbes shall be LIL listed whetu seen :pas been established by Ul. for the ilam(s) offered and furnished In lieu of tine UL lis!rso. Bidder may subsiOule a listing by an irdcoomlent testing labolaidiy recognized cy, OSHA ,ruder the Nalionafly Recognized T• sting Laboratories (NRTL1 ReCngnim- pror�rem. t+i BIDQ•E.R S_ -qUND!TtONS: 814 ccce;lions and specdtcabons Shalt not be d:anypr, aituuu! ur c0"13310110d rr any way S8BC sperlficaCy tieservas the light w rnp:cl :my : ^^ndi•iG t > 3 SAMPLES Sanryrirs of ltrxns. when rr;gyifed. must lie (unustsarl frpo of axp;enec wiiMn � five (5) werxnng trays of request unless Otherwise staled and. if not destroyed, wall, upon i requosl, be returned at the Bidders expense. Bdders still be responsiNe for the { removal o! nft sampler, furnished wiihi ! 30 days agar old opening. All samples shag be aaposed of after 30 days. Each indivkioal sample must be labeled wOh B dder'c name, bid nrmt:dy and item numhel. Faduro of Bidder to cdher deliver required samples or to c!oariy idontifp samples as indicated rray be reason. (at selection of the bid tern Unless italherwlse t^CiC3101 sarripics shotAd be delivered to Proewonlent and Warehousavj Ser1'lces. The School Boarr) of Brnward County. Florida. 7720 West Qaktand. Park Boulevard. Suite 3L3.Suricse, Flotida "13351.6704. t D.0 VERY: Ail denenrres shai be --0 8 destination prank. Unless actual data of dailt," IS mttofiel for :f ypecd:e0 delivery cannot be trial), show number of days crwrad to male dul:very after receux of Purchase Oruer in space provided Del;vr:ry , I!me rray bacons : it basis lot ma4:ng an aware (see Special Conditions). Delivery shall be within inc normal working hours of the user. Monday through Friday. exGuong slate I hchdays arid days during Which SBBC administration :s closed I i. INTERPRETATIONS_ Any questions ccnrarning conditions and specifications must: ` subinrtzed in wiling and received by Procurement and Warehousing Services no idler i than ton working days, or as stated in the Special Conditions, prior to the original ; bid opening date 11 necessary. nrr Addencluni shall be issued. 6 AWARDS: in thu best interest of SBBC SBBC reserves ilia rghl to. 1) wlheiravi I'll% j M97 arty time prof to fie itme arc date specified lot die bid open i ig 21 to select an; i or ail bids received when there are scond documented business reasons that serve ire best nnleres! of SDBC 3i to accept any !leitf or group of items tin*!iS qualified by BrJde( , and 4) to acquire widitiora! quantities at prices quoted on this ITB unless additional , quantSbes are not acceptable, in which case. the bid stients must be noted'BID :S FOR SPECIFIED QUANTITY ONLY ' All awards made as a rill of this bid shall conform i to applicable Florida Siawles and sha!! be governed by the laws of the State of Flood;) and must have ve:iue esiablisncd in (he 17' Judicial Circuit Cam of Browrard County, Florida or one Urii;eo Slates Court of the Southern District of Florida. 7. f310 OPENING: Shalt be public on :he date and V. de time specified on the bid fore: Ad bids rLotivou after treat t>mu stiatl rot t* considurcri. I 6 ADVERTISING: r,l saor:id;ng a bid. Bidder agrees plot to use Use results ifH!rr from its a part of miy cornmesnal adverbsnng wlthovt pnor approval ill SBBC. 9. INSPECTION _ACCEPTAN(;E•., ,TITLE: Irsooction arld acceptance shall bu ;It nest nation unless odnerw.". provided. 'Title to±nr rsi; of loss or damage !o all aoms shai: i be the responsibiiify of use Awarded untd acceptance by the buyer unless ions w + oamage, resulting from negligence by the buyer If the matuiials or services supplied in SB8C NO found to be doreclive or flat conform to specifications. SBBC reserves the right :in car:eer IN; oruer upon Witten noficu to the sorter and return product at Awarelec's p expe-'se ) 10. PAYMENT: Pavillcw shall Ice made by SBBC ahcv tire doms awarded nave btu:;, re;:o,vOd, ina0ecled, found ;c comply with award specifnations and free of damage or defect and propedy invoiced Ali paymonts she.I he mace by ACH tAutornated Clearing 'rouse) for autWnat:c deposits (credits). !. CONFLICTQEIN1:ERES ANQ•CONFL1C1INGEMPLOY_ MENTOR ONTRA,CTyAE R€LATIONSHIP: Soctior•. f 19 313 (3) and(71 Florida Statutes sets forth resill0ons I on lt'.c abi!.T of SBBC employees atlmg :n a private capacity to feet, lease, or sob any i really. goads or serv.res to SBBC 1: also places restrictions on SBBC employees sonminir , outside umploymoni er contractual relationships with any busi noss enlit) , wnxil is doing bcs mess with SBBC. Each Bidder is le disclose any employees a has ; who are also SBBC employees by submit iN Attachment 1. Disc!osure of Potential Conflict of Interest and Conflicling Emplovman! or Contractual Relationship. with its Bid. ' Any eriployeos identified by the Bidder itlen completing Attachment 1 snou:d obtain lega' aovtre xs to eras oufnat-ors and «Islocbuns under Section 112.313 (3; and (7). F;clida Statutes. ^.. INSURANCE; B ;a0r 5} iat•.,e of st:iIiixgnq a WC +"ali be it, fuh (onphar: x with pa'agtaph 70' :IAB;LifY iN SURANCE.. LICENSES AND PERMITS o! the Genera; t;o-Jiticos. aisu:ance R,quiruments are, shown in FORMS AND ATTACHMENTS Sec;en of thins ITS. Bidder shall take special notice that SBBC shad be named as an ,16ditional'mswIed under the General Liability poll+icy including Products Liatnity. ' The nsgr, n a. t c � 's_ucAtj) ytno igssy',alifred to die ¢Jra — _.I thtl 5;ice of F:'orxta Toe _ su_�nee cum antes rrust be rated t !east A -VI ItAM best or ' 1z1J. J,_Rlooct}_s I^J!s_tit..Scryicu_1LI_1-41fues mull rim nf_w� tHLrt Aunrxl..lhn . parlor inn ri .1 _. cite:. REVISED 111,17115 Broward Counly Public Schools Is An Equal Opportunity,'[- quit' Access Efrlployer Page 2 13. I,�ENSECgTfONS AND REGISTRATIONS: As of the Bid Opening Date. Bidder must have All Licenses, Certifcallons and Rogislrabons requirod whoa pednrning the services as described herein, in order for Bid to be considered a responsive and responsible Bid. Licenses. Codifications and Registralfons required for this Bid strait be as required by Chapter 489. Florida Statutes, as currently enacted or as amonded Iron time to time; by the State Requiromonts for Educational Facilities (SREF), latasl version; ! and by Broward County, Florida. Bidder must submit a copy of as its current Licenses, Certifications and Rogistratlons required as described herein, either with its Bkl a within rive working days of notification. An Awardee who has any Licenso, Codification or Registration either suspondod, rovokod at, Oxpirod aRer the dale of the Bid Oponing,, shall provide nett((, to the Director of Procurement d Warehousing Services within rive working days of such suspension, (avocation or expiration. However, such SUSpdnsion. revocation or expiralicn after the dale of the Bid Operling shalt not relieve the Avardee of its responsibilities urldor this IT8. 14 PATENTS R ROYALTIES: The Awardec, vrithout exception, shall indemnify and save harmless SBBC and its employees from liability of any naluro or kind, including cost and expenses for any copyrighted, patented, or unpalented invention, process, or article manufactured or used in the performance of the contract. including its use by SBBC. If the Awardee uses any design, device, or melorials covered by letters, patent, or copyr!ghl. it is mutually Understood and agreed wimuut exception that rho bid prices shall include all royalties of cost arisirg from the use of such design, device or materials in any way involved in the work, 15, OSHA; The Awardee warrants that the product supplied to SBBC shall conform in all respects to the standards set forth in the Occupational Sarcly and Health Act of 1970, as amended, and the failure to comply with this condition shall be considered as a breach of contract. 16. SPECIAL CONDITIONS_ The Superintendent or Designee hus rho authority to issue Special Conditions and Specifications as required for Individual bids. Any and at, Special Conditions that may vary Irani these General Conditions shall have procedrnce. 17 ANTI -DISCRIMINATION• S68C, prohibits any policy Of procedure which results in discrimination on the basis of age, color, disability, gender identity, gender expression, national origin, marital status, race, religion, sex or sexual orientation. Individuals who wish to file a discrimination and/or harassment complaint may cal the Executive Director, Benefits, Employment Services and EEO Complienco at 754.321-2150 or Teletype Machine TTY 754.321.2158, 18. QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipmonl covered by this bid shelf be new unless otherwise specified. The items bid must be new, the latest model, of the best quality and highest grade workmanship. 19. LIABILITY INSURANCE LICENSES AND PERMITS; Where Awardees are required to enter or go onto SBBC property to deliver materials or perform work or services as a result of a bid award, the Awardec agrees to The Hold Harmless Agreement staled herein and i shall assume the full duty obligation and expense of obtaining all necessary licenses, t permits and insurance. The Awardee shall be liable for any damages or loss to S88C occasionod by negligence of the Awardee (or agent) or any perswt eul Awardoo has deagnalod in me compilation of the Contract as a result of their bid. 20. 810 BONDS. PERFORMANCE BONDS AND CERTIFICATE OF INSURANCE: Bid bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. Bid bonds shall be returned to non-Awardees. After acceptance of bid, SBBC shall notify the Awardee to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Upon receipt of the porformaom bond, the bid bond shall be relumod to the Awardee. 21. CANCE TION: In the event any of the provisions of this bid are violated by tie f Awardee, the uperintendenl sliat give written notice to the Awardee staling I rho deficiencies and unless deficiencies are corrected within five days, recommendation shaft be made to SBBC for immediate cancelloWn. 22. IRREVOCA ILITY OF 10: A bid may not Do withdrawn before the oxpiraton of 90 days . the date a bid d>pening. j 23, INFORMATTPN NOT IN IT8; No verbal or written information which is obtained by a §ldder other than yin ormation within (his document or Addenda to this iT8 shall be binding on SBBC. I 24. EXPENDITURE: No guarantee is given or implied as to any sums payable or the quantity or scope of an'y award under this IT8. SBBC is not ualgaled to place arty order fa goodstservices as a result of this award. Order placement shall be based upon the reeds fand bosh interest of SBBC. 1 REVISED 1111705 25. BILII1iA1CruQNS; fnvaces, umass otharvnsa indicated, mtrs(slmwPurchase Order ntirnbars and shalt he suhcnitted in duplicate to The School Board of Broward County. Florida. Accounting and Financial Repdding Department, AIUc Accounts Payal,le. Gnu S E 3'-1 Avenue, 7• Floor. Foul Lauderdale, Florida 333U1. (Unless (Alhenwso stated in the Specia! Conditions) Payment shall be made a minanum of 30 days after delivery, autho•ixed inspection and acceptance. When vendors are directed to send invoices to a school, the school shall make direct Payments to the vendor. 26. NOTE TO VENDO�RS�DE��IVER�IN TO MATERIALS LOGISTICS CENTRAL W—� ,. eeeiviR n o 's are Mon ay U+roug n ay ex ud,ng elate Ro Oys a days during which S68C administration as closed) 7:00 a.m. to 2:00 p.m. ET. 2/ $-UD 1 TONS: S88C SHAI.I_ NOT accept substitute shipments or any kind. Awardees are exPdctod to furrish the brand quoled In their bd aice awaroed by SOBC. Any subs!itido shipments shalt be returned at tile Awaraee's expense 28 FACILITIES: SBBC reserves the night to insped the Awardees facitbes at any time with prior notice. SBBC may use the information obtained from thts in determining w 101hor a Bidder is a responsible Bidder. 29 ASBESTOS ANO FORMALDEHYDE STATEMENL All bulking materials, finessedboards, and furniture supplied to SBBC shall be 100% asbestos tree. it is desirous that all building materials, praised boards and furniture supplied to SBBC also be 10gY, formaldehyde free. Bidder, by venue of biddrii certifies by signing bed that. d awarood this bid, only budding malenals, pressed boards, and/or furniture that s 100Y. asbestos frog shat: Do supplied. 30. ASSIGNMENT; Neither any award of this bid nor any interest in any award of this bid may be assigned, transferred or enrumbored by any party without the prior written consent from the Director, Procurement and Warehousing Services. There shah be no partial assignments of this IT8 including, without limitation, the partial assignment of any rignt to rpecivie payments (roil) $BBC. 31. EXTENSIQN; In addition to any oxdersrdn opLons conlainetl heroin. S68C is granlad the nynt to extend any award resulting from this bid for the pallor of time necessary for S88C to release. as:•ard and implement a replacement bd for the goods, products and/or services provided through this W1. Such extension shall be upon the same prices. terms and conditions as existing at the limo of S88C's exercise of Iris 01100Slon right The period of any extension under this provision shall not be for a period in excess Of six months from (a) the termination data of a contract entered into as a resull of this bid ar (b) the. termination date under any applicable period of nxlenson under a contract entered into as a result of this bid. 32 QMISSION FROM THE SPEQF CATIONS: The apparent silence of this specification and any Addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best available units shall be provided and the best commercial practices are to prevail. ' and that coy materials a:hd ;vorxmanship of first qurifty are to tx used. All nterprelalions of 9hs specif cation shaft be made upon the basis of this agreement i 33. SITQMITTAL 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 formal as any Purchase Order ranenwpd as a m.,,u of e,u riwrvo or it,ia rho. tech iine of the Invoice must reference I a corresP2nding single line shown on the Purchase Order. A single invoice I"' i must not correspond to or curnminglo the cost shown on multiple Purchase Order lines I An invoice submitted That does not follow the some lormat and fine nuniberirlg as shown on the Purchase Order shall be deemed to be not correct, and may bu mfor ie to the vendor by the Accounts Payable Department for correction. Address for ! submitting invoices is included on Purchase Order. 34. PURCHASE AGREEMENT: 'this bid and the corresponding Purchase Orden shall constlute lha comp to agreement. SBBC shall not accept proposed terms and t conditions that are different than those contained in this Invitation to Bid, including pre - Printed text contnmed on catalogs, price lists, other descriptive information submitted or any other materials. By vinue of submitting a bid. Awardee agrees to not submit to any SBBC employee, for signature, any document that contains terms and conditions . that are diHereol than those contained herein and that in the event any document f containing any tern or condition that differs from those contained hordin is executed, said document shalt not be binding on SBBC. 35. SBBC INFQ9-1I! ION SE5l1RlTY GU UQNES.It is the responsibhityof thu Awardee ; to read and adhere to the $BDC Information Security Guidelines when using any device connected to the SSBC's nalwork Fo3owing the conclusion of the centred fern;, all of SBBC's confidential information mist be removed front Awamuc's eauipmont and ail access privileges must be revoked Final payment shay he withheld I until the Awardee has confineti. in writing, that all SBBC's confidential udouilaliun j has been purged from nny and all electronic technology devices that were usan during this contract and were connected to the SBBC's netwoi i t Broward County Public Schools Is An Equal Opportunityl[quil Access Employer Page 3 36. PROUTING OF BID CONOITIONSISPECIFI ATION§; Any person desiring to pro(ast the oonditions/specificallons in this ITS, or any Addenda subsequently released thereto, shall file a notice of intent to protest, in writing, Wilfun 72 hours niter electronic release of the competitive solicitation or Addendum and shall file a formal written protest within ton calendar days after the date the notice of protest was flied. Saturdays, Sundays, stale holidays or days during which SB8C administration is closed shall be excluded in the computation of the 72 hours- It the tenth calendar day fails on a Saturday, Sunday, state holiday or day during which SBBC aim nislration is dosed, the formal written protest must be received on of before 5:00 p.m. ET of the next calendar day that is not a Saturday. Sunday, state holiday or day during which SSBC administration is closed. Section 3 b, Chapter 120.57 Florida Stalulos, as currently enaotsd of es amended from time to time, states that "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 by Section 3, Chapter 120.57). Florida Statutes, or a failure to post the bond or other security required by SBBC Policy 3320, within the time allowed for filing a bond, shalt constitute a waiver of proceedings. The bond shall be conditioned upon the payment of all costs which may be adjudged against the proleslanl in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, SBBC may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings. SBBC prevails, SBSC shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and Charges by the proleslanl, the bond shall be returned. The failure to post the bond required by SBBC Policy 3320, Part VIII, as Currently enacted or as amended from time to time, shall constitute a waiver of proceedings. Notices of protest, formal written protests, and the bonds required by SBBC Policy 3320, shah be filed at the office of the Director, Procurement and Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704 (fax 754.321.0936). Fax filing shall not be acceptable for the filing of bonds. POSTING OF BID RECOMMENOATIONS/TA81JLATIONS:ITS Recommendations and Tabulations shall be posted in Procurement and Warehousing Services and on www.demandstar.com on April 27, 2016 at 3:00 p.m. ET, and shall remain posted for 12 hours. Any change to the date and time established heroin for posting of ITB RecommondationsrTabulalions shall be posted in Procurement and Warehousing Services and/or at www.demands c.com (under the document section for this IT8). In the event the date and time of the posting of ITS RecornmendationslTabulations is changed, it is the responsibility of each Bidder to ascertain the revised dale of the posting of ITB. Reeommendations/Tabulalions. Any person desiring to protest the intended decision shall file a notice of protest, In wining, within T2 hours after the posting of the ITS tabulation and shall file a formal written protest within len calendar days after the date the notice of protest was filed. Saturdays, Sundays, state holidays and days during which SBBC administration is closed shall be excluded in the computation of the 72 hours. If the tenth calendar day Taus on a Saturday, Sunday, slate holiday or day during which SBBC administration is dosed, the formal written protest must be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday or Sunday, state holiday or days during which SBBC administration is closed. No submissions made after the Bid opening amending or supplementing the Bid shall be considered. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time. stales that "The formal written protest shall state with particularity the facts and law upon which the protest Is based". Any person who files an action protesting an intended decision shall post with SBBC, at the time of filing the formal written protest, a bond, payable to SBBC, in an amount equal to one percent (1%) of SBBC's estimate of the total volume of the contract. S8BC shall provide the estimated contract amount to the vendor within 72 hours, excluding Saturdays. Sundays and other days during which SBBC administration is closed, of receipt of notice of intent Io protest. The estimated contract amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond shah be conditioned upon the payment of all costs which may be adjudged against the prolostanl in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, SBBC may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings, SBBC prevails, SBBC shall recover all costs and charges which shah be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attomey's fees Upon payment of such costs and charges by the protestant, the bond shelf be returned. All documentation necessary for the protest proceedings shall be provided electronically by SBBC. (Continued): Failure to file a notice of protest or to file a formal written protest within the tines prescribed by Section 120,57(3), Florida Statutes, or a failure to post the bond or other security required by S8BC Policy 3320 within the Ume allowed for filing a bond, shall constitute a waiver of proceedings. The f■Iture to post the bond required by SBBC Policy 3110, Part Vill, as currently enacted or as amended from time to time, shall constitute a waiver of proceedings, Notices of protests, formal written protests, and the bonds required by Policy 3320, shall be filed at this office of the Director, Procurement and Warehousing Services, 7720 West Oakland Park Boulevard, Sulte 323, Sunrise, Florida 33351. 704 (fax 754-321-0936). Fax filing shall not be acceptable for the filing of bonds. 38. SUBMITTAL OF BIDS: All Bidders are reminded that it is the sole responsibility of the BIDDER to assure that their bid is time stamped in PROCUREMENT AND WAREHOUSING SERVICES on or before 2:00 p.m. ET on date due. The address or bid submittal, including hand delivery and overnight counter delivery, is indicated as: 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704 The Bidder is fully and completely responsible for the payment of all delivery costs associated with the delivery of their bid or related matenal. Procurement and Warehousing Services shall not accept delivery of any bid or related material requiring SBBC to pay for any portion of the delivery cost or the complete delivery cost. Prior to bid submittal, it is the responsibility of the Bidder to be certain that all Addenda released have been received, that all Addendum requirements have been completed, and that all submittals required by the Addendum have been timely, filed. (See General Condition 1.) 39 PACKING SLIPS: It shall be the responsibility of the Awardee to attach all packing slips to the OUTSIDE of oath shipment. Packing slip must reference SBBC Purchase Order numbedcontrol number. Failure to provide packing slip attached to the outside of shipment shall result in refusal of shipment at Awardee's expense. 40. USE OF OTHER CONTRACTS; S88C reserves the righl to utilize any other SBBC contract, any Slate of Florida Contract. any contract awarded by any other city or county governmental agendas, other school s, other community eohegolslale university system cooperative bid agreement, or to directly nego(iatelpurchase per SBBC and/or Rule 6A•1 012, Florida Administration Code as currently enacted or as amended from lime to time, in lieu of any offer received or award made as a result of this lad it it is in its best interest to do so. 41. INDEMN]FICATION: This General Condition of the bid is NOT subject to negotiation and any bid that falls to accept these conditions shall be rejected as "non -responsive." a) SBBC agrees to be fully responsible for its acts of negligence or Its agents' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign mumunity by S8BC. Nothing herein shell be construed as consent oy S8BC to be sued by thud parties in any rthatler tensing oul of any contract. Nothing herein shall be construed as a waiver by SBBC of any rights or limits to liabaity under Section 768.28, Florida Statutes. b) AWARDEE agrees to indemnity, hold harmless and defend SBBC. ite .gent.. servants and employees from any and all claims, judgments, costs and expenses including- but not limited to. reasonahle attorney's fees, reasonable investigative and discovery costs. court costs and all other sums which SBBC, its agents. servants and employees may pay or become obligated to pay on account of any. all and every claim or demand, or assertion of liability, or arty claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by the AWARDEE, its agents, servants or employees. the equipment of the AWARDEE, its agents, servants or employees while such equipment is on premises owned or controlled by SBSC; or the neAence of AWARDE E or the negligence of AWARDEE's agents when acting within the scope of their employment, whether such claims, judgments, costs and expenses be for damages, damage to property including SBBC's properly, and injury or death of any person whether employed by the AWARDEE, SBBC or otherwise. 42,10.1.11 1 $ 1 I C# t B r,VJith die consent and agreement of the awarded contract) r(s1 pbritfases may me `made under this bid by other agendas. Such purchases shall he governee by the same terms and conditions as stated heroin. 43. GOVERNING LAW This ITS, and any award(s) resulting from this ITS shah W Interpreted and construed In accordance with the laws of the Stale of Florida. Any protests arising from this ITB shall be subject to Section 120.57(3). Florida Statutes. Any disputes or controversies ansmg out of a contract award under this ITB shall be submitted to the jurisdiction of the stale count' of the Seventeenth Judicial Circuit Court in and for Broward County, Florida. I a REVISED 11/17/15 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 4 44. �8Ll��(j�CR1MEs Section 287.133(21ia), Florida Statutes, as Currently been placed On the Convicted v enacted Or 85 amended from time to time, fftat$lf that L person or aMI171e who has encior list following a conHcbon for a public entity rhme may not submit a bid on a contract 10 provide any goods or services to a public entity, may ic entity for the a public t building Ofmit a d on a pubic work. maytnor submmit bids on leaseof construction el grope tyair lo at public entity, may not be awarded or portorm work as a contractor, properly to , 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 providod in Section 287.017 for CATEGORY TWO (currently WS,000) for a period of 36 months from the date of being placed on the convicted vendor list. 45. CERTIFIC TION GAR G RM NT S SP VOLUNTARYN81ON iN IGIBIL TT OR EXCLUs10N Lower Tier Covered Transactions Executive Order 12549, as currently enacted or as amended from time to time, provides that, to the extent permitted by law. Executive departments and agencies shall participate in a government -wide system for norrprocurement debarment and suspension. A person who is debarred or suspended shag be excluded from Federal rnancial and nor._ Financial assistance and benefits under Federal programs and activities. Except as Provided in § 85.200, Debarment or Suspension, § 85.201. Treatment of Title IV HEA participation, and § 85.215, Exception Provision, debarment or suspension of a participant in a program by one agency shall have govemmont-wide effect. A iowor tier covered transaction is, in part, any transaction between a participant (SBBC) and a person other than a procurement contract to goods Of services, regardless of type, under a primary covered transaction; and any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal of exOeed die Federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $100,o00) under a primary covered transaction; or any Procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount, under which that person shaft have a critical influence on Of substantive control over that covered transaction. A participant may rely upon the certification of a prospective participant in a lower tier covered transactits s are debarrment undern that 148 CFR pan 9! Sulbpart 9.4. ineligible, orvoluntarilyily excluded from the covered transaction, unless it knows that the certification is erroneous. Each participant shag require participants in lower tier covered transactions to include the Certification for it and its principals in any bid submitted in connection with such lower tier covered transactions. CERTIFICATION a) The prospociive lower tier participant certifies, by submission of this Ibid. 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. b) Where the ProsPOCtive lower tier participant is unable to certify to any of the statements in this CeNfication, such prospective participant shall attach an explanation to this bid. Every time a Bid is submitted that includes reference to this Farm, a new Form is required- Any aid that does not includo this required Form shag not be evaluated and shall not be considered for award, A signature is required on BOTH the Debarment Form AND the Invitation to Bid page. A signature on one document cannot be substituted for the signature required on the other document Failure to complete and sign both documents requiring signature shaft result In rejection of bid submitted. 46. REASONABLE ACCOMMODATION, Individuals with disabilities requesting accommodations under the Americans with Disabilities Act (ADA) may call Equal Educational Opportunities (EEO) ai 754.321.2150 or Teletype Machine TTY 754.321. 2158. SEYERABiLITY• In case of any one or more of the provisions contained in Ws Bid shall be for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect the invalidity, illegality, unenforceabgity of unlawful or void nature of that provision shall not affect any other Provision and this Bid shall be considered as it such invalid, unlawful, unenforceable or void provision had never been included heroin 7R{BUTION: DemandSlar by Onvia, www.demandslaccom, is the official method approved by Procurement and Warehousing Services for the de button of all competitive solicitations including ITBs and RFPs. It is the responsibility Of all Bidders to assure they have received ail necessary documents, including Addenda and have included act necessary information within their response. SBBC is not responsible for Bidder's failure to obtain complete bidding documents from DemandSlar, SBBC reserves the right to reject any bid as non -responsive for failure to include all necessary documents or required Addenda. For information regarding the above referenced aoltcttation, contact the desbnated Purchasing Agent as staled heroin. 49. LOBBYIST ACT1VfI1E8: In accordanco with $BBC Polity 1100B, es cuffen(ty onacteC or as amended from time to time, persons acting as Iobbytsts must stale, at the beginning of their presentation, letter, (olophOne call, e-mail or facsimile trartsrrijssW to School Bovd Members, Superintendent or Members of Senior Management, the group, association, organization or business interest shemo is representing. a) A lobbyist is defined as a person who for immediate or subsequent compensabor. (e.g.. monetary proKupurconot gam) roprosonts a public or private group, asaodeb on. organization or business interest and engages in efforts to influence School is on MOmbdr3 on matters within Ihoir orliftial jurisdiction. b) A lobbyist ii DAC.not considered a person representing school -affiliated groups (e.g., PTA, capacity Barra Booster Associations, etc.) nor a pubic official acting in terrlits official capa. c) Lobbyists shag annually (July 1) disclose in each instance and for each client prior to any lobbying activities, their identity and activities by completing the lobbyist statement form which can be obtained from Official School Board Records, School Board Member's Offices or the Superintendent's Ofrlce and shag be recorded on SBBC's websile, www browardschoofs com. d) The lobbyist must disclose any direct business association with any Current elected or appointed official or employee Of S8BC or any immediate family member of such olocted Or appointed official or employee of SBBC, o) Senior -level employees (Pay Grade 30 and above) and/or School Board Members are Prohibited from lobbying activities for one year after resignation of retirement or expiration of their term of office. 50. TIE BID PROCEDURES: When identical prices are received from two or more Bidders and all other factors are equal, priorit sequence: y for award shall be given to Bidders in the following A business that certifies that it has imPlOmenled a drug -free workplace program shell be given preference in accordance with the provisions of Chapter 287.087. Florida Statutes, as currently enacted or as amended from time to fime: The Broward County Certified MinorityM omen Business Enterprise Bidder; The Palm Beach County or Miami -Dade County Certified MinOrityANomen Business Enlorpriso 80dor; The Florida Certified Minority/Women Business Enterprise Bidder; The Broward County Bidder, other than a Minorily/Women Business Enterprise Bidder, The Palm Beach County or Miami -Dade County Bidder, other than a Minor ytwomon Business Enterprise vendor: The Florida Bidder, whose main office is in the State of Florida, other than a Minor1IY/WOmen Business Enterprise vendor. If application of the above criteria does not indicate a Priority for award, the award shall be decided by a coin toss. The coin toss shall be held Publicly in Procurement and Warehousing Services: the tie low bid Bidders invited to be present as witnesses Included as a part of those bid documents is a Form onlftbd $WORN STATEMENT P RSUANT TO CHAPTER 287 g87 FLORIDA ctarurce AS—` C fATG ENACTED OR AS AMENDED FROM TIME A TIM NPR FE N TLY BUSINESSES WITH DRUG FREE WORKP ACE PR KAM5 This form that be used To by the Bolder to certify that d has imptemented a drug -free workplace program. In order for W to be coftsidered, the Invitation to Bid form (Page 1 of thie bid) must be property signed in order for the bid to be considered, A Bidder cannot sign this loan in flair of Property signing the invitation to Bid form. 51. DISPUTES: in the event of a conflict between the documents, the order of priority of the documents shag be as follows Addenda released for this ITB, with the lalesl Addendum laking precedence, then. The ITB: then 8idtter's submitted bid. In case of any other doubt or difference of opinion, the decision of SBBC shall be final and binding on both parties. REVISED 11/17/15 Breward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 5 52. MlNORITYIWOME B_ S N SS ENTERPrttSE .(MIVyDEJ pARTICxiPATION:. SBBC has �► tL1_. implemented a MinorityMomon Business Enterprise (MANBE) Program as part of thr SBBC's cpmpaNive solicilatioi and Conli'00410 activity in accordance vnth 5chocl Board Policy 7007-A Admirualralive Procedures for The School Board of Broward County, Florida's Supplier Diversity d Outreach Prayram. Tire purpose of the program is to utilize available minority and women businesses within $BBC's market area to competo for life award of S88C construction and purchasing contracts. MrWpE vendors ut4iz for this contract must bo codified by S88C's Supplier Diversity 6 0 Breach Pr ram 011 co nor_tg �— °�—_._..P submission of Bid- For information on M/WBE Certification, contact SBBC's Supplier Diversity & Outreach Program at 754.321.0850 or 53. $�8C MATERIAL NUMBER; The seven digil number shown in parenlhesis at the beginning of an item on the Bid Summary Sheet represents SBBC's material number for the item. It does not represent any manufacturer/distributor mode/part number. 54_ SBBC PHOTO IDENTIFICATION_BADGE: Background Screening: Awardoo agrees !o comply with all Cie requiresxems of Sections 1012.32 and 1012.465, Florida Statutes, and that Awardee and all its personnel who (1 f are to be permitted access to school grounds when students are present, (2) MI have direct contact with students, or (3) have access or control of school funds shall successfulry complete the background screening required by the referenced statutes and meel the standards established by the statutes. Personnel shall Include employees, representatives, agents or sub -contractors performing duties under the contract to SBBC, and who meet any or all of the three requirements Identified above. This background screening shall tie conduclod by SBBC in advance of Awardee or its persri nnol providing any servicos Aviaidee shall bear the cost of acquiring the backyround screening required under Section 1012.32, Florida Statutes, and any fee imuosed by the F!odda Department of Law Eniorcenwril to maintain the fingerprints provided with respect to Awardee and its personnel. The Parties agree that the failure of Awardoe to perform any of the duties described in This section shall constitute a material breach of this 1T8 entitling SBBC to terminate immediately yrith no further responsibilities or duties to perform under (his Agreement. Awardee agrees to indemnify and hold harmless SBBC, its officers and employees of any liability in the form of physical or mental injury, death or propony damage resulting in Awardee's failure to comply wilh the requirements of this section Of Sections 1012.32 and 1012 465, clonda Statutes SBBC Issued Identification badges must be worn at all times when on SBBC property and must be worn where they are visible and easily readable, As of Jury 1. 2015. Fiekdpnnl, Inc. has been contracted to provide all background and fingerprinting services. All questions pertaining to fingerprinting, photo rdanlificaliat and background check services must be directed to the Project Coordinator at 754 321 1530 or 754-321.237a. Each Individual, for whom a SBBC photo Identification badge Is requested, must be registered into the Fioldprint, Inc. applicant enrollment websile. A background check shall be conducted for each badge applicant. S88C tescrves the fight to require additional information. should it be necessary, and to deny the issuance of a badge to an applicant. Any anplicant, that has boon doniud o badge, is piotrtbtco rronl entering SBBC property as an employee, sub -contractor or agent of a contract Awardee. Applicant enrollment and scheduling website Is www_liel�ri itflorida coin. The total lees) for Ine S88C photo idontificalion badge. fingerprintiruT and a FBI background chuck can be found at the following wabsile. htty:Uwww.broward.k12_r!.uslnotice dl7socelelFl_CLOPRINT_CODES�(. Payment options can be made by electronic check (e-checkl, Visa. MasterCard or use of an established escrow account code. These fees are non-refundable arid are subject to change without notice. Badges are issued for a one-year period and must be renewed annually. The renewal date shall be one year from date of issuance. Failure to renew the badge, at that time, shall resuh in the Awardee being required to re- apply and pay the going rate for badging and fingerprinting. Awardoes shall return expired and/or terminated elnployee badges to the following location: The School Board of Broward County, Florida, Attn; Fioldprint, inc., 600 S.E. 3^ Avenue, Fort Lauderdale. Florida 33301. .i9 AUNT AND INSPECTION QF AWARDEE- DOCUMENT$ AND RECORDS; The Dsl%t or Its repro bnti16VL reserves the right 10 ;Aloof and/or audit all Ine Awardoo's documents and records as they perinin to the products and soN.ces delivered under this agreement. i Such rights shalt Do oxorc;cod with notice to the Awardee to determine compliance with d and perforrnanw of the terms, conditions and specifications on all matters, rights and duties, and obl•gations established by (his agreement. Oocumontsfrccords in any form shall Ile open to the Distrial or Stales ropreseniative and may include but are not limitod to all cnrreipnrvinrre. ordo ring, pavmenl. inspection, and fcoorviog records. cdidraws or sub- j :on(.•aas (flat i14ut-fly ur'ndirectry Per!= t0 Ole transactions between the District and the ; Awardetz(sr 56. QgNINAL DOCUMENT 2j( MAT: Only the terms aril conditions of Olis sdicitation as I hey were released by S8BC. or amended via Addendum, are valid. Any mudificaliori to any term or condition by a Bidder is not binding unless it is expressly agreed to, tit ivnlmy. by SBBC. 57 CREDIT CARDS Individual schools and departments may place some orders and utilize I as rho form of payrr)cn:. a District -issued credit card to the extent autonzed by SBBC ! These rrdeis shall he matte via phone or fax for direct delivery and hilling to the requesting ! work iccation P!easc note that credit card purchases will benefit all vendors by prm-dine imined are payment (,.e. within 48.72 hours), thereby elimmaling the need to submit or ! invoice to the Dist•ict's Accounts Payable Department or reconcile receivable balan,;es For crodil card purchases, as Awareoes must have the capability 10 accept fax coders which mus! be axlfirmed by calling back the requesting work location to verify prices anu obtain a credit Card ndrnber. Only actual darns shippedrdolivered can be cnarued to "n Credit card ;u-court (i.o no back -orders). All purcnasu deliveries must ,ncude a parsing I lip or recerpVinvo,ce listing the ,lems and prices of goods delivered. For security reasons, the node :arc, criargo receipt showing !hc work location's credit card number carrot be auacned to ,he packing slip or receiptrinvoice submitted as pan of the purchase delivery. District wetk !ocaoons may recuesi that an Awardoo maintains secure records of the coda card account assigned an alias or password. to avoid divulging the actual credit care number upon every purchase. 50. N,QNCONf_ RMANCE TO CONTRACT CONDITION;; Items offered may be tested for ! compliance will bid conditions and specifications at any time. Items delivered nix conforming to bad renditions rn specificaboris, may ne rejected and returned at Awards s ' expense. Goods,), scry:ces nor delivered as per deliverydato to bid and/or Purchase Order may be rnpmwd upon delivery and/or may be purchased on the open market. Any tncrease in. cost may be charged against the Awardee Any violation of these stipulations may also result an al For a period of two years, any bid submitted by Awardee shag not be considered arid . Shall not be recommended to award. of At! departments being advised not to do business ivith Awardoe. 59 CONE OF SILENCE: Any Bidder, or lobbyist for a Bidder, is prohibited from havirig ay communications jexrepl as prov,derl in th,s rule) concerning any solicimbon fox a i competitive procurement with any School Board member, the Superintend,(, any Evaluation CnmmiCen Memhot o• any other School District ernpiloyee attar Procuron.!nt and Warel:ovs�ng Serv-ces releases a solicitation to the General Pubiic All t "O'll, nn:al,ens uy)a'dini bus anhpienvn shall bu deuctud to fine dusignated Purcriasiny Agent unless so nn'.ified by Procure^nent and Warehousing Services. This 'Core of i Silence' period shall go into effect and shag remain m effect front the time of release of the solicitation urea ;he contract is awarded by SBBC Further, any Awordee. its prncpais, or Moir !obbyists shaii not offer campa,gn contributions to School Board Members o ol(er, contributions to School Board Members for campaapns of other candidates for Pd'tk:al office during the paind in wnich the Awardee :s attempting to soli goods of services to ) SBBC This period of kmaatinn of offering Campaign contributions shag comnwnce at the line of Ine 'cone at si.ence' period for any solicitation la a competitive procurement as descubed by School Rowd Policy 3320. Pan 11, Soclion GG as well as Srhnol Board PnScy 1007 Section 5.4 - Campaiyn Contribution Fundraising Any Bidder or lobbyist who : violates this provision shall cause their Bid (or that of their principal) to he considered non -responsive and therefore be ineligible for award, 60 TERMINATION: This roritract award may be terminaled with or without cause by S88C during the term hereof th fly (30) nays alter the Superintendent gives written notice In the efhnr panics that a recommendation shall be made to SBBC for the contract award's termiriauon 51, EVALUATION AND BIOS: SBBC evaluales ail Bids in accordance with Chapters 119.87' and 286,0113, Ronda Statutes. --.._.... - ... -- ...._ _i REVISED i 1/17115 Broward County Public Schools Is An Equal Opportunfly/Equal Access Employer Page 6 62, *..Z OR REL AS — ---- --_.,� _or It during the contract term, SBBC is offered a lower once from a DanY supplier for a product or service awarded under this contract, or offers another 'lam (hat meets or exceeds the speciBcauons for the 4om al a lower price than the PartY 'Warded Price, AwarSBBshall request Awardee to meet the lower price offered by the third Pant stool ec Awardoo shall be required to respond to this request within three (3) days of request. If Awardee is unable to meet the tower price, from its SBBC shall be refeasod f contractual obligation to purchase the item under this contra request shall indicate that Awardee is unable 10 offer item et r clower ones. This action. t. No response to this Purchasing awarded item from tNrd party supplier. shall not hold SBBC in default of contract Each purchase shall be considorod aoperato and apart from each other. 63. CONFIDENTIAL RECQRD Contract, an �` Notwithstanding any provision to the contrary within this Y party Contracting with SBBC under this Contract shall fully comply with the requirements of Sections 1D02.22 and 1002,221, Florida Statutes; Family Educational Rights and Privacy Act (FERPA), and any other slate or fedoral law at regulation regarding the confidentiality of student information and records. Each such party ors, ctagrees, for itself, its officers, employees, agents, represenlalives, contractors or subcontraTa to fully indemnify and hold harmless SB8C and its officers an oyees for any ct violation Of This Section.d empl ion, including, without limitation, defending SBBC and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon SBBC, or Payment of any and all costs, damages, judgments or losses incurred by or imposed upon SBBC ansing out of a breach of this covenant by the party, or an officer, employee, agent, representative, contractor, or subcontractor of the Parry to the extent that the party ar an officer, empooyee, agent, representative, contractor, or subcontractor of the party shall either intenbonany or negligently violate the provisions of this section Or of Sections 1002.22 and/or 1002,221. Florida Statutes. Awardee agrees that it niay create, receive from or on behalf of S88C, a have access to, records or record systems that are subject 10 FERPA andlor HIPAA (colloctivcly, (he 'Confidential Records7. Awardee represents, warrants, and agrees that it shall. (1) hold the Confidential Records in strict confidence and shall not use Records except as (a) permitted orraqor disclose the Confidential urred by this Agraemenl, (b) required by law, or (c) otherwise authorized by the SBBC ,n writing; (2) safeguard thed (ethnical standards Confidential Records according 10 cdmmerpally reasonable admhlis(ralive, physical an as required by law; and (3) continually monitor its operations and lake any and t a necessary to assure that the action CunfrderNial Records are safeguarded in accordance with the terms of this Agreement. Al the request of the S88C, Awardee agrees to provide SBBC with a wnt(en summary of the . procedures Awardee uses to safeguard the Confidential Records A breach of these confidentiality requirements shah constifuto grounds farina SBBC to torminalo any Agreement with Awardee. PROPRIETARY INFORMATION; Pursuant to Chapter 119, Florida Statutes, bids received as a result of this ITB shall not become public record until thirty (30) days after the dale of opening or until posting of the recommendation for award whichever occurs first. Thereafter, all bid documents or other materials submitted by all Bidders in response to this ITS shall) be open for inspection by any person and in accordance with Chapter 119, Florida Statutes. To the extent a Bidder asserts env xuY r confidential and exempt, lone with spa ,tic alatlons of the or 14 q1 r r s bid is Yha Gnfid-- "S 'iDr exit n Ferl ro to tdonb lho 0o h n f eslabhshing 10 tw r or eafc l a ion e t bUshl Ih ex m' waNar !IT Um gj0dgr That env unidentified portion er It w, . n shall ba de made a Irom drsdosure under Chanter 11 g Florida Statutes. confidential r exempt Should a public records request for bid documents or other materials submitled by a Bidder be submitted, SBBC shall notify the contact person identified in the bud of the request in writing. The notice provided shall indicate that requested malenals shall be Produced unless, within ten (10) calendar days of the date of the written notification, the Awardee initialed an action in a court of competent jurisdiction to obtain an injunction or Protective order Prohibiting the release of the requested materials. Awardee shall name the party requesting the materials as a defendant and shall not name SBBC as a party to the action. Awardee agrees to hold SBBC harmless from any award to a plaintiff for damages, costs or attomey's fees based on nondisclosure of information asserted to be confidential and exempt Failure to timely initiate the action Shan be deemed a waiver by the Awardee that the requested information is confidenbal and exempt. Awardee agrees to waive any cause of action it may have against SBBC for the release of materials pursuant to a public records request except lhose based on the intentional or grossly negligent conduct of any employee of SBBC. Submission by a Bidder in response tothis ITS shall be deemed as Bidder's consent to the foregoing conditions. REVISED 11/17115 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 7 Bid No.16-097N Page 8 of 28 Pages SECTION 4 SPECIAL CONDITIONS INTRODUCTION AND SCOPE• I. The School Board of Broward County, Florida (hereinafter referred to as "SBBC') desires bids on GYM EQUIPMENT as specified herein. The scope of requirements (nciudes, but is not limited to, all necessary equipment for weight rooms In midd{e and high schools for the district. Unless Otherwise stated, the specifications and/or standard quality requested for each item are guide specifications to describe the equipment desired. Prices quoted shall include inside delivery, set-up andlor installation as required, to various schools, departments and centers within Broward County, Florida. The Awardee(s) shall receive individual Purchase Orders specifying the name and ship to address of the various schools, departments and centers. One hard -copy bid must be sent with the bid and one identical electronic version of the bid, in PDF Format on CD/ffash drive, should be submitted in time for bid opening. 2. TERM: The award of this bid shall establish a contract for the period from date of award and continuing through July 31, 2019. Bids shall not be considered for a shorter period of time. Items shall be ordered on an as -needed basis. If only one bid is received, the term of the contract shall be reduced to one year, 3, AWARD: In order to meet the needs of SBBC, each ITEM, shall be awarded up to one primary and one alternate responsive and responsible Bidders meeting specifications, terms and conditions. The Awardee providing the greatest educational discount for an item shall be considered the primary vendor and should receive the largest volume of work. SBBC reserves the right to procure goods from the vendor providing the second greatest educational discount if: a) the primary vendor cannot comply with delivery requirements or specifications; b) the primary vendor is not in compliance with delivery requirements or specifications on current or previous orders; c) in cases of emergency; or d) if it is in the best interest of SBBC. After award of this bid, any Awardee who violates any specification, term or condition of this bid can be found in default of its contract, have its contract canceled, be subject to the payment of liquidated damages, and be removed from the bid list and not be eligible to do business with SBBC for two years, as described in General Conditions 21 and 58. 4. INFORMATION: Any questions by prospective Bidders concerning this Invitation to Bid should be addressed to Mrs. Michelle Bryant Wilcox, Purchasing Agent III, Procurement and Warehousing Services, 754-321-0503 or e- mail at michelle.wilcox@browardschools.com who is authorized only to direct the attention of prospective Bidders to various portions of the bid so they may read and interpret such for themselves. Neither Mrs, Wilcox, nor any amployee of SBBC, 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. Questions should be submitted in accordance with General Condition 5. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to Bidders only by written Addendum. Any verbal or written information, which is obtained other than by information in this iTB document or by Addenda, shall not be binding on SBBC. 5. CONTRACT RENEWAL: The purpose of this bid is to establish a contract, at firm unit prices, for the purchase of estimated requirements for the items listed. The term of the bid shall be for 3 years, and may, by mutual agreement between SBBC and the Awardee, be renewed for two additional one-year periods and, if needed, 90 days beyond the expiration date of the final renewal period. Procurement and Warehousing Services, will, if considering renewing, request a letter of intent to renew from each Awardee, prior to the end of the current contract period. The Awardee shall be notified when the recommendation has been acted upon by the School Board. All prices shall be firm through the period stated in Special Condition 3 - Price Adjustments for the term of the contract. The Bidder(s) agrees to this condition by signing its bid. VENDOR NAME: �rl_�y�-� �a�� (_LC Bid No, 16-097N The School Board of Broward County, Florida Page 9 of 28 Pages GYM EQUIPMENT SECTION 4 SpECIAI CONDITIONS Continued 6. Bidder shall indicate earliest firm delivery date after receipt of the Purchase Order(s) for each item bid. Delive be a maximum of 30 calendar days after receipt of order (ARO). ry musk �• UANTITIES: The quantities listed on the Bid Summary Sheet are estimated quantities to be ordered throughout the contract period for each item and are not a guarantee. Actual quantities ordered throughout the contract period may be greater or less than the bid estimates and shall be furnished at the fixed contract price. Purchases shall be requested as needed throughout the contract period and as few as one each may be ordered at one time. 8. MANUFACTURER'S CERTIFICATION: Bidder must have manufacturer certify that Bidder is an authorized dealer to sell, warranty and service that manufacturer's product. The manufacturer must execute the applicable part of the document and Bidder must also execute applicable part. The certification must be returned with the bid in time for bid opening or upon request. Failure to submit the com leted certification shall result in dis ualification of bid submitted. A separate document shall be completed by each manufacturer whose product is offered by the Bidder. 9. COMPANY REPRESENTATIVE: Bidder(s) should indicate, in the space provided on the Bid Summary Sheet, the name, address, telephone number, etc., of the representative who could make scheduled visits to the schools/departments and who shall be available, upon request, to resolve billing and delivery problems, 10, FORCE MAJEURE: Except for the provisions of this bid, each party shall be excused from performance under this bid only for such period of time as the failure to perform is caused by or attributable to any event or circumstance beyond the direct control of such party. It is further provided that if either party shall fail to make any delivery or perform any service required by this bid as a result of any such event or circumstances beyond its own direct control, it shall have the right to make such delivery or perform such service within a reasonable time after the cause of such delay has been removed, and the other party shall accept such deferred delivery or performance. 1 BIDDING PREFERENCE LAWS. ALL BIDDERS MUST COMPLETE AND SUBMIT SECTION 7, ATTACHMENT 4 TO BE CONSIDERED FOR AWARD. The State of Florida provides a Bidder's preference for Bidders whose principal place of business is within the State of Florida for the purchase of personal property. The local preference is five (5) percent. Bidders whose principal place of business is outside the State of Florida must have an Attorney licensed to practice law in the out-of—state jurisdiction, as required by Florida Statute 287.084(2), execute the "Opinion of Out -of -State Bidder's Attorney on Bidding Preferences" form, Section 7, Attachment 4, and must submit this form with submitted bid. Such opinion should permit $BBC's reliance on such attorney's opinion for purposes Of complying with Florida Statute 287,084. Florida Bidders are not required to have an Attorney render an opinion but the Florida Bidder must complete its portion of this form. Failure to submit and execute this form, with bid, shall result in bid being considered "non -responsive" and bid rejected. 12. ASSEMBLY INSTALLATION AND/OR PLACEMENT: It shall be the responsibility of the Awardee(s) to include on -site delivery, assembly and to assure satisfactory operation of all features. Equipment specified shaii be assembled, adjusted, operationally tested and ready for use at time of delivery. VENDOR NAME: Bid No, 16-097N Page 10 of 28 Pages The School Board of Broward County, Florida GYM EQUIPMENT SECTION 4, SPECIAL CONDITIONS (Continued) 13 INSTRUCTION MANUALS; Awardee is required to furnish an instruction manual for each item bid. Each manual shall contain definition of equipment capabilities, technical description of equipment operation, description of malfunction identification and troubleshooting procedures. 14 INVOICES: Delivery copies, packing slips and invoices to SBBC MUST include the following to permit SBBC to verify prices with this contract and expedite the use of material. FAILURE OF AN AWARDEE TO PROVIDE THIS INFORMATION SHALL RESULT IN EITHER THE INVOICE BEING RETURNED FOR CLARIFICATION OR A DELAY IN PROCESSING SAID INVOICE FOR PAYMENT, Invoices are to be mailed to Accounts Payable, 600 SE 31d Avenue, Fort Lauderdale, Florida 33309. A. Material release number OR the control number B. Purchase Order number C. Complete description of the items D. Itemized list prices E. Total dollar amount shall be net 15, PRICE REDUCTIONS: If, from date of bid opening, the Awardee either bids the same products at a lower price than offered to SBBC or reduces the price of the bid product, the lowest of these reduced prices shall be extended to SBBC. 16. PROTECTION OF PROPERTY: The Awardee shall at all times guard against damage and/or loss to the property of SBBC, and shall replace and/or repair any loss or damages unless such is caused by the SBBC. SBBC may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for foss and/or damages to the property through negligence of the Awardee. 17. PROTECTION OF WORK, PROPERTY AND PERSONNEL: The Awardee shall at all times guard against damage and/or loss to the property of SBBC, and shall replace and/or repair any loss or damages unless caused by SBBC. SBBC may withhold payment or make such deductions, as it might deem necessary, to insure reimbursement for loss and/or damages to the property through negligence of the Awardee. The Awardee shall take the necessary safety precautions to protect both personnel and property while the work is in progress. 18. ACCEPTANCE OF MATERIALS: The material delivered under this bid shall remain the property of the Awardee until a physical inspection and actual usage of this material is made and thereafter accepted to the satisfaction of SBBC and must comply with the terms herein, and be fully in accordance with specifications. In the event the material supplied to SBBC is found to be defective or does not conform to specifications, SBBC reserves the right to cancel the order upon written request to the Awardee and return the product to Awardee, at Awardee's expense. Awardee shall be responsible for pick-up of defective/rejected materials. After 30 days notification to the Awardee, if the materials are not removed, they become the property of SBBC. Awardee shall be responsible for any disposition charges. VENDOR NAME:�-1 1 The School Board of Broward County, Florida GYM EQUIPMENT Bid No, 16-097N Page 11 of 28 Pages SECTION 4 SPECIAL CONDITIONS Continued 19. PRODUCT SUPPORT AND TRAINING; Manufacturer shall provide, coordinate and Ian and training for the purchased equipment for the entire contract period, Support and training shall include limited to, answering technical questions about the product, providing demonstration p complete product support of the equipment. The manufacturer shall be required to provide training to four persons who shall but not be complete operation and maintenance of the systems, This training shall be inclusivesand troubleshooting problems The individuals must be capable to troubleshoot both the hardware and software components onavel be trained i i the completing any needed repairs through the life of the product. The manufacturer of all travel expenses required. P of the system and support for end user and helpdesk training, shall also provide materials and 20� WARRANTY: Manufacturer's standard warranty must be provided on all bid items, Warranty shall ben after and acceptance by the user of the product. Warranty shall be stated in the spaces provided in the Bid Summary Sheet. ry 2i. M/WBE UTILIZATION: SBBC has implemented a Minority/Women Business Enterprise Program as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 7007-A Administrative g Procedures for The School Board of Broward County, Florida's Supplier Diversity & Outreach Program. The u ose of the program is to utilize available minority and women business enterprises (M/WBE's) with in the Board's market area to compete for the award of SBBC purchasing contracts, p An M/WBE is defined by SBBC as any legal entity, other than a joint venture, which is organized to engage i commercial transactions and which is a least 51% owned and controlled b minority persons. For information on upplier M/WBE Certification, contact SBBC's Supplier Diversity & Outreach Program at 754-321-0550, SSBC's Supplier n Diversity & Outreach Program works to increase the participation of Minority and Women Business Enterprise (M/WBE). it is the intent of the Supplier Diversity & Outreach Program to have a diverse group, as well as an equitable distribution or mAvB -s, participating on any award or this bid. 22 MM13E UTILIZATION REPORTING: In an effort to monitor the achievement of the M/WBE oaf the Awardee(s) agrees to submit, a completed Monthly M/WBE Utilization Report form, attached hereto as Exhibit "A" and made g a part of this contract. The timing of these reports must coincide with invoice submission. In addition to the M/WBE Utilization Report form, Awardee(s) shall also provide proof of payment made to each M/WBE Subcontractor Which shall take the form of cancelled checks or check register photocopies, or any other valid form of documentation that serves to substantiate all payment amounts included in the Subcontractor Utilization Report. The Awardee(s) understands that each M/WBE utilized for the contract must be certified by SBBC, Supplier Diversity & Outreach Program Office, 23. W-9 FORMS_ All Bidders are requested to complete the attached W-9, in Section Attachment ,and their bid. _ submit with VENDOR NAME: �'l' The 3GIiOol Board O/B0wardCoumhFlorida GYM EQUIPMENT SECTION 5, BID L—MMARY SHEET Bid No. 16-007N pago12 of28Pages ITEM ---- MANUFACTURER SING LE -FIXED % DISCOUNT 1 BODY MASTER - ' Z CAP BARBELL 3 CHAMPION BARBELL 4 CONCEPTU n CYBEX!TR0TTER - ��' - 6 ELITE took; 7 GILL � O HAMMER STRENGTH y HOIST 10 LIFECOR 11 LIFE FITNESS `Z M _ F ATHLETICS 13 NAUTILUS 14 NORD|C TRACK 15 PARAMOUNT ~ )G pRECOR 17 SCHUTT 10 SCHW/NN ---- VENDORNAME: _ Bid No 16-047N The School 808rd of Broward Counry Flc)nrla Revised • Page 13 of 28 Pages GYM EQUIPMENT -SECTION UMM S Sl$ID AR -Y SHEET gontinued -10 UMM ITEM MANUFACTURER SINGLE -FIXED °r, DISCOUNT 19 STAIRMASTER 20 STAR TRAC 21 TECTRIX 22. ULTRA FIT 23 WILSON__..----- 24. WORLD SPORTING GOODS ADDITIONAL MANFACTURERS ITEM MANUFACTURER -"---' —"-' SINGLE -FIXED 25 MANUFACTURER NAME:_ T�' -� S DISCOUNT _ _.a.�-.%CCarCCl.0 26 MANUFACTURER NAA1E._ L7 MANUFACTURER NAME. _-P-(P 23 MANUFACTURER NAME--��i % 29 MANUFACTURER NAME:(_ 30 MANUFACTURER NAME. .�..1.-. .-Go . % E x,pr/-T N o>U `io H a-n ptGn aU iv `r"G,YC`lo (��CorE \ c: 90 VENDOR NAME GYM EQUIPMENT SECTION 5 BID SUMMARY SHEET C ued R- EQUIR_E_D ADDITIONAL INFORMAT►nN COMPANY REPRESENTATIVE: (See Special Condition 9) Gym Source USA, LLC d/b/a Gym Source Company Name Bob Lawrence Company Representative 4200 N. 29th Avenue, Suite C Street Address Hollywood, FL 33020 City, State and Zip (954) 920-2885 Phone Number — - - — (954) 920-2860 Fax Number ___ (954) 818-5502 or (800) 496-7687 Local/Toll-Free Phone Number 130131-@GYMSOURCE.COM or COMMADMIN@GYMSOURCE.COM E-Mail Address NOTE TO BIDDER: Review General Condition 52 pnor to completing and mailing this bid. Bidder's M/WBE Certification Number: Agency Issuing This Number: VENDOR NAME: Gym Source Bid No, 16-097N Page 14 of 28 Pages The School Board of Broward Count Bid No. 8 Pages GYM EQUIPMENT )Florida Page 15 of 28 Pages SECTION 6, ATTACHMENT 1 C NFUCT OF INTERES�1 CONTRACTU_qL {�EL,ArtONSNIP In accordance with General Condition 11 by Bidder who are also an employees of Sac Bidder must disclose in its Bid, the names of an them under Chapter 112, Florida Statutes. C' Parsons identified below may have obligations and lrestrictions ae employed a pp cable to Name of Bidder's Employee Check one of the foilowin an si R: SBBC Title or Position of Bidder's SBBC Department/ School of Bidder's Employee Employee ® I hereby affirm that there are no known persons employed by Bidder wh ❑ i hereby affirm that all known persons who are employed b o are also an employee of SBBC identified above. ---y Bidder who are also an employee of SBgC have been Signal re— 03/28/13 VENDOR NAME: Gym Source Source USA, LLC d/ba/ Gym Source Company Name Bid No.16-097N SECTION 6, ATTACHMENT 2 Page 16 of 28 Pages THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement Is submitted to The School Board of Browaid County, Florida, by William M. Kemnitzer, Exec VP (Print individuars name and title) for Gym Source USA, LLC d/b/a Gym Source (Pant name of entity submitting sworn slatemcn;";- whose business address is 100 Central Avenue Teterboro, NJ 07608 and (if applicable) its Federal Employer Identification Number (FEINI is 46-4077906 (if the entity has no FEIN. include the Social Security Number Y (s- mdmclual signing this sworn slatemerr I certity that I have established a drug -free workplace program and have complied with the following 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 shall be taken against employees for violations of such prohibition. 2. Informed employees about the dangers of drug abuse in the workplace, the husiness' poi,cy 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 specired 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 ilia: are under bid, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of. or plea of guilty or n(,h conlendere to, any violation of chapter 893 or of any controlled substance low or the untied stains ur any state. for a violation Occumng in the workplace no later than five days after such conviction 5. Shall impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Am making a good faith effort to continue to maintain a drug free workplace tnrough implPme rf"9 ' � s section. Sworn to and subscribed before me this (Signature) day or )')1 zo ems. Personally Known X OR Produced identification -- Notary Public . State of New Jersey (TYPe of identificatkltl) �'Y mm;ss on expires _9/1612020 ---- } r�la�C1�L L ,T FORM; #4530 rinted, aped or st mpe commissi ell name f riots 3/93 ry public) LOUMARY RODRIGUEZ VENDOR NAME; Gym Source NOTARY PMCCIF NEW JERSEY ID 0 50023258 Cafrntt WW EON 9/1 t�2Q20 The School Board of Broward County, Florida Bid No. 16-097N GYM EQUIPMENT Page 17 of 28 Pages SECTION 6, ATTACHMENT 3 INSURANCE REQUIREMENTS MINIMUM LIMITS OF INSURANCE GENERAL LIABILITY: Limits not less than $1,000,000 per occurrence for Bodily Inju / Property General Aggregate, ry p dY Damage; $1,000,000 Limits not less than $1,000,000 for Products/Completed Operations Aggregate. WORKER'S COMPENSATION: Florida Statutory limits in accordance with Chapter 440; Employer's Liability limits not less than $100,000/$100,000/$500,000 (each accident/disease-each employee/disease-policy limit). AUTO LIABILITY: Owned, Non -Owned and Hired Auto Liability with Bodily Injury and Property Damage limits of not less than $1,000,000 Combined Single Limit, If Awardee does not own any vehicles, hired and non -owned automobile liability coverage in the amount of $1,000,000 shalt be accepted. In addition, an affidavit signed by the Awardee must be furnished to SBBC indicating the following: (Awardee Name) does not own any vehicles. In the event insured acquires any vehicles throughout t term of this agreement, insured agrees to provide proof of "Any Auto" coverage effective the date of acquisition. with Certificate of Insurance to SBBC Risk Management at 866-897-0424.) 9 he q (Fax affidavit ACCEPTABILITY OF INSURANCE CARRIERS: The insurance policies shall be issued by companies qualified business in the State of Florida. The insurance companies must be rated at least A- VI by AM Best or Aa3 b Investor Service. 4 led to do y Moody's VERIFICATION OF COVERAGE: Proof of the required insurance must be furnished by an Awardee to S Management Department by Certificate of Insurance within 15 days of notification of award, All certificates (and an required documents) must be received and a y SBBC Risk deficiencies. FAX CERTIFICATES OFINSURANCETO SBBC RISK before any rMANAGEMENT ATk commences to r866 897-0424ime to remedy any REQUIRED CONDITIONS: Liability policies must contain the following provisions, in addition, the following wording ing must be included on the Certificate of Insurance; The School Board of Broward County, FL, its members, officers, employees and agents are added as additional insured, The endorsement # is: All liability policies are primary of all other valid and collectable coverage maintained by the School Board County, Florida. of Broward ("Please include the Contract # and Title on the Certificate of Insurance,) (Certificate Holder: School Board of Broward County, 600 Southeast Third Avenue, Fort Lauderdale Flo CANCELLATION OF INSURANCE: Vendors are prohibited from providing services under this contract with SBBC without rich 33thout the minimum required insurance coverage and must notify SBBC within two business days if required insurance Any questions as to the intent or meaning of any part of the above required coverage should be submitted n wis cancelled.ntmg and in accordance with General Condition 5. See also General Conditions 12 and 20. VENDOR NAME; '1 The School Board of Broward County, Florida Bid No. 18 of 28 097 Pages s s GYM EQUIPMENT SECTION 6, ATTACHMENT 4 (Soo Special Condition .. J GA OPINION Of BIDDER'S PREFERENCE MUST BE COMPLETED BY ALL BIDDERS. Section 1 must be completed by the Attorney for an Out-Of•State Bidder Section 2 must be completed and signed by Florida Bld_dsr NOTICE: The State of Florida _ . _ _._ -� �- Purchase of Provides a Bidder's preference for Bidders whose principal place of business is within the Stale of Florida for the Personal property. The local preference is five 5 must have an Attorney, licensed to practice law in the out•or-state ;unsdicaon, as required by Florida Statute 287 084(2), execute the 'Opinion of Out -of -State Bidder's Attorney on Bidding Preferences" form(S o� 7 gttadcdnment q 2nef.S Whose pnncrpal place of business is outside the State of Florida should permit $BBC's reliance on such a(tomey's opinion for purposes to have an Attorney render an opinion but the Florida Bidder must complete its portion of this form. Failure to submiFloridath submitted bid. Such opinion D poses of complying with Florida Statute 20 submit FlBidders are not required shall result in bid being considered'non•responsive" and bid rgiecled and execute this form, with bid. Tl GAL OPINION ABOUT OUT-OF-STATE BIDpjNG pREFERENCES -" _ (Must Select One) The Bidder's principal place of business is in the State of orant a ere(erenc� in the letting of any or all public contracts to business entities whose principal places of business are in that state. _ and :I is my legal opinion that the laws of that stale do not The Bidder's principal place of business is in the State of following preferenceys) In the letting of an or all Public contracts -- -- and it is my legal opinion that the laws of that state grant the describe applicable preferences) and identifyapplicable state law(s)J to business entities whose principal places of business are in that state (Please TTha undersigned attorney submits the foregoing the letting of public contracts opinions with the intention tha: they oe relieo upon by The School Board of Broward County, Florida Signature of out-of-state Bidder's attorney; Printed name of out-of-state Bidder's attorney Address of outbf-state Bidder's attorney: Tetephone Number of out -of -slate Bidders attorney. Email address of out-of-state Bidder's attorney �) - Attomey's stateW of bar admission �� `- ---- — - - SECTION 2 -- LEGAL OPI I N ABOUT POLIT CAL SUBDIVISION BIDDING PREFEREf ATTORN Y`S OPiNI NAND 1 ATURE NOT RE UIRED FOR FLt X_ The Bidder's principal place of b rs nu ass is elect One) in the politica! subdivust i' on of B ooard CcwnN. F oroa_---'-"-'— The Bidder's principal place of business is in the political subdiv sion of political subdivision do not grant a preference in the letti In that political division. ----- business and it is whose legal opinion that the laws Of that rig of any or all public contracts to business entities whose The Bidder's principal place of business is in the political subdivision of principal places of business are __ subdivision grant the following rig preference(s) in the letting of any or all public contracts to business entities whose principal m that political subdivision: [Please describe applicable Preference(s) and identify applicable authority grantingti and it is ghe a pri a ilia l the laws of that political - —� P places of business are VENDOR NAME: Gym Source Bid No. Page 23 of 28 Pages 0 1 Board of B It ACH P"Illent Agrecrilleitit Ff),-Tl COMM'. Flo,-i(ja (AW1.1 CRIAMTS) (,Svc General urinilitinj, It)) VIEND011 .NA'NTr: Gym Source USA, LLC d/b/a Gym Source I (we) hereby authorize 7 named below Addilio 018ro"o County fo event that a credit entry �ally- I Hulhorize Th Ia!'?autoria(Icdr,,poSit.5 C y is made in error. I no $chOOIAQLrA-q-8%0LVjj!�dS 1 rpdl(s) to my account at the financial institution Q-U—'1!Y tO "lake the necessary debit entries/adju., fine is in the; Further, I agree not to hold The School 3 n County 'en)onsibie fcr an} delay or loss Of funds due to mcorrec! or by MY financial institution .it jt,e Incomplete information supplied by rn�, Board of Broward depositing funds to my acc ount 0 all error or This agreement shall remalp if! eie,-, UP01 The School Board of Browdrd County ,I�cp the I"i'll Of my financial Institution In. 'T1j!2nt'aI institution and that the ,es wr,ller. or of AC:H i, Otitical'On of cancellation from Me or to tr1V;ni;r1 Wlt rnus! coiny with In Name Of Bank or e Provision$ of Us, law Financial Institution: Bank of America Branch/ State Charlotte, NC Routing NO: AC-00 t No, 9429376300 VENDOR AWE`A—______�- Remittance Confirmation - I I. r -40 select one) KARENACI)GYMSOURCE.Com Federal Identifical.lon No. Vendor 46-4077906 Centralized Fax Number Centralized Email Centralized Phone No. (2.12) 750-2886 --------- ""Ad"L.23 .. ......... C 0MVlAD1vlIN@GYMS0URCE..C6m- 496-7687 or (212) 688-4222 Authorized Signature (Primary) and Bu3lness title, Exec VP Authorited Signature Date; Lit, (Joint) and Business title, ChecKutg Savings Fax Email 12 TAX IDA SSA Dept. _[QAjde Dept. Dept. _Inside Sales Date: Please attach a VOIDED check to verify bank details and routing number, This form Must be returned to: SBBC _ Purchasing -Data Strata 7720 W. Oakland Park Blvd, Sunrise FL 33 gy Group . 351 call: 754-321-0516 or fax # 754-321-0533 Vendor Account# Dale ENDOR NAME.- Gyrn Source Bank of America " Merrill lynch 11/06/15 GYM SOURCE USA LLC Attn: Richard Jannelli Regarding: Account / Routing Number Confirmation Please accept this letter as confirmation that according to our records, the account referenced below is maintained at Bank of America, N.A. with the following information: Account number: 009429376300 Active ACH Blocks/Fitters on file No Routing number ACH/EFT 021000322 Routing number DOM. WIRES 026009S93 SWIFT code INTL WIRES BOFAUS3N Account Name: GYM SOURCE USA LLC Account Address: 40 East 52nd Street, New York, NY 10022 The information set forth above is as of November 06, 2015. Please note that the information provided by the Bank in this letter is given as of the date of this letter and is subject to change without notice, and is provided in strict confidence to you for your own use only, without any responsibility, guarantee, representation, warranty (expressed or implied), commitment or liability on the part of the Bank, its parents, subsidiaries or affiliates or any of its or their directors, officers or employees to you or any third Party, and none Of them assumes any duties or obligations to you in connection herewith. This letter is not to be quoted or referred to without the Bank's prior written consent. The Bank has no duty and undertakes no responsibility to update or supplement the information set forth in this letter. If you have any questions, or require further assistance, please do not hesitate to contact us at (phone number). Thank you for banking with Hank of America; we appreciate your business. Bank of America Merrill Lynch Treasury Fulfillment, Service & Operations Name: Katrina Lam Title: Treasury Services Sr Advisor - SECTION 7,S TATEMENT Bid No. 16-097N BID" page 24 of 28 Pages If your company shall' not be submitting a �lnsponse to thi Sheet and return, prior to the Bid Due Date established within, this Invitation to Bid, please complete this State meat of 'No Bid" The School Board of BroWard County, Florida Procurement and Warehousing Services / 7720 West Oakland Park Boulevard, Suite 323 Florida 33351 / This information shall help SBBC in the preparation of futu Bid Number; re Bids, Company Name; Title: Contact; Address: Telephone: Facsimile: Reasons for "NO gid -- Unable to y with pro comply -- _ Product or service specifications- `---- _ Unable to comply with scopeof work. - -- Unable to quote on all items in the group, "— insufficient time to respond to the Invitation t Unable to hold prices firm through the ter id, g_ of the contract period, _ Our schedule would not permit us top norm, �— Unable to meet delivery requireme s. �- _.. Unable to meet bond requirem ts. -~ _--L— -- Unable to meet insurance re uirements. --�`— -.. Other (Specify below) Comments: ----- -- `--'-- - Signature: Date: VENDOR Form W-9 (Rev. December2014) Request for Taxpayer DepanrnentofiheTreasury identification Number and Certification IMamel Revenue service 7a on your Income tax return). Name Is required on this line; ^. entity name, if different from I Check appropriate box for federal tax classification; check only one of the following seven boxes: ❑ Individuallsole proprietor or stngle-mantber LLC Ej C Corporation ❑ S Corporation [IPartnership ❑ Truet/estate [ UnNted liability company. Enter the tax classification (C=C oorporation. SAS corporation, P=partnership) ► 7 Note, For asingle-member Lt.0 that Is disregarded, do not check LLC; check the appro priate box in the Ilne above for the tax classification of the single -member owner. Other (see Instructions) ► Idresa (number, street, and apt. or sake no.) state, and Zip code name Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not Individuals; see Instructions on page 3): Exempt payee code (If any) Exemption from FATCA reporting coca ai any) r ust account number(a) here (optional Tax a er Identification Number IN Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avofd Social securlty number backup withholding. For individuals, this is generally your social security number (SSN), However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, a Is your employer identlficatlan number {E1N). If you do not have a number, see How to get a T7N on page 3. or Note. If the account is in more than one name, see the instructlons for fine 1 and the chart on page 4 for E r identification number guidelines on whose number to enter, p g mploye Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4, The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting Is correct. Certification Instructions, You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign , Here Signature of U.S. person ► Onto IN. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.lrs.govlfwg. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATiM, or employer Identification number (Elf , io report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limped to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student ben interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Us* Form W-9 only if you are a U.S. person (Including a resident stlen), to provide your correct TIN. if you do not return Form W-8 to the requester w)th a TIN, you might be subject to backup withholding. See Whet Is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup w"holding if you are a U.S. exempt payee, if applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (f any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No, 10231 X Forth vi/- ((Rev, 12-2014) Bid No. 16-097N EXHIBIT A Wage 25 of 28 Pages ION Complete the following informatioll on the proposed TMIW8E a p rticlpatlon on this c t Bidder's Company Name: Gym Source USA, LLC d/b/a Gym Source V" tact. I cope Sand/or Nature -- MJWBE Firm Information of Work to be % of M1WBE 1 Performed b the i Actual Amount to M/WBEY Participation contract for be expended with Firm Name.----------- Address,•T'--�----- this contract Contact Person MM►BE Telephone No.: _ -- Facsimile No. SBBC MANBE Certi4 Ian Firm Name: Contact Person: --- Address: Telephone e No.: - —... _ _.... Facsimile No.: SBBC MtWBE Certification No.: Firm ------ Contact Person, Person: _ _ _--"------ _ ---•- _..r____._.-----_ Address: — - - -- Telephone No., ------------__. I Facsimile No.: ------ __ — _ SBBC bI/WBE Certification No. 'PLEASE INDICATE IF AMOUNT TO BE EXPENSED IS:T PER YEAR • PER CONTRACT PERIOD[] OR OTHER A LIST OF SBBC M/WBE CERTIFIED VENDORS CAN BE FOUND AT THIS WEB I htt :L/ 2M broward.Id2,fl.us/su 1 lvendorsiMWBE.htm S TE. VENDOR NAME: Gym Source Bid No. 16-097N Exhibit A Page 26 of 28 Pages The School Hoard o-- r—� rd Cs—�Y_ DmjtgA toy 3"WHOr Diversity S outreaa6 TroeramtQa 71,1 1� 1 OSSO Telephone 77Z0 {pest OaWand )Park $otllevard, Suite 323 Sunrise, fL 33331.6704 754 32; •O14A4 FAX 14ONT! LY MWIDE UTILIZATIONREPORT ' This report is re � quired 1c days aRer the end of each month, whether the 140MIC)s) received a meats or not, until all committed remuneration has been received by the M/WBE. 1. Reporting Period From: _ This report is required b - _ PorurR Per wd 'fo----- Y The School Boned of Ethe Prim Cnwirti. Flnru— t'Failure to comply may result in the School Eivaru commencing proceedings to impose sanctions on nc� i'nmc \',nets, ut addinar, ;n Sanctions may indudr the withholding of pays'tents for work cmmi, ir-t3 tr+ 51/u'EfF; participants. and a negative recommendation if, award further contracts bid by The School L3oard of Brow:trd (.'rn.inr:. Fk,r,da Purswni; any other available Itg81 rcmetly I PRIME VENDOR INFORMATION ` f NA.NIti & ADDRESS OF PRIME VENDOR TOTAL I/ OR " CAN fRACI 1 S AN4UC\T 1.):�i; fit OF i CONTR.%C-r NUANT C(riTH.\CI 1 C'Q\'TR,\CT TO 1rl"spph�atHci �1 \H1 .. ML�ORITY': DATE WOMEN i I ITR lambs,: ITH Tltle: SUPPLIER DIVi; N• .'19 OF CER11FIED NInt 11E vF,NDr�R Company Of Signature tk T tic. Phone it VENDOR NAME: Gym Source 11% M'Ukh IrE S'C HIPTIo-, i I I CH PROGkAlvi VENDOR IN F(7KMATIC�N� �101 N"l. FOR DR t tt N':r tit) tt crRk 'o, of TOT:\L P.UD I t't_K}-URNI ED '?AfD n•r 7u CO?JI7LtC't I 1 c> PAID "I'O tf.Nl) 1k I DURIT(; DATE ANIOUNT' l %IONT11 The School Board of Broward County, Florida PagBid No 16-097N GYM EQUIPMENT e 27 of 28 Pages THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL EXHIBIT CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY LOWER TIER TRANSACTIONS EXCLUSION This certification is required by the regulations implementing Executive Order 12549, Debarment and 1183.35, Participants' responsibilities. The regulations were published as Part V11 of the May 26, 1988 F 19160-19211 , p Suspension, 45 CFR Copies of the regulations may be obtained by going to this link: htt ;//wayµ, edera1 Register (pages title45-voi3/CFR-2011-title45-vol3-se'c1183-35 —ttp://www.gpo, ov/fds s/ ranule/CFR•2011- (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE NEXT PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal. that neither it nor " debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. o its principals are presently p pation in this transaction (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 Gym Source __ USA, LLC dib/a Gym Source Organization Name William M Kemnitzer, Exec VP Names) and Titles) of Authorized Representative($) Signature(s) VENDOR NAME: C' S. / Or✓crcc� l� - - 5A 16-097 N ITB Number `�j 12 jjtj Date The School Board of Broward County, Florida GYM EQUIPMENT Bid No.16-097N Page 28 of 28 Pages INSTRUCTIOEXHIBIT 8 NS 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 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 has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred,""suspended,"'Ineligible,"'lower tier covered transaction," "participant,"' erson " 'primary covered transaction,"'principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact the person to which this proposal is submitted for assistance in obtaining a copy of 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 transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered' transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non -procurement List (Telephone Number). e. Nothing contained in the foregoing shalt be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary 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. VENDOR NAME; C'l - 1 .AJ` i•1 June 26, 2013 RE: Cybex Fitness Equipment To whom it stay concem, This letter is to inform you that Cybex International is the sole manufacturer and supplier of Cybex fitness equipment. Our dealer, Gym Source, is the exclusive dealer of our Fitness equipment in the state of Florida. Cybex was founded in 1970 as a division of Lumex, Inc. a therapeutic health and hospital Products company. The company is a US manufacturer with two state-of-the-art manufacturing facilities in the USA. Cybex International produces premium commercial fitness equipment designed to deliver unparalleled results for exercisers froth first-time users to professional athletes. The company's dedication to exercise science, through the Cybex Institute, leads the fitness industry in providing scientific basis for- the development of exercise machines that enhance human performance. With over 90 patents, Cybex equipment is innovative in design, durable in structure and engineered to t is is tile Cy ally correct to produce optimum results with minimum stress on the body — this is the Cybex Advantage. The company's offerings include a full array of strength and cardio training machines. Cybex manufactures the largest selection of stt•cngtll training cquiprnc;r,t in thn industry with over I50 unique pieces including four complete lines of sclectorized strength equipment plus modular, plate -loaded, free weights and Big Iron — a series of racks and benches for the most demanding workout. Cardio equipment includes a full line of treadmills and bikes plus the revolutionary Arc Trainer. Sincerely, Karen Brothers Cybex International Sales Operations P: 774-324-8371 Email: kbrothers@cybexintl.com -CYBEX' Worldwide Headquarfers 10 Trotter Drive . Medway, MA 02053, USA +f 508.533.4300 � (508.533,5500 151 24th Avenue NW +pvafonna, MN 55080, USA • f 507.455.0217 +f 507.455,3446 'fo Whom It May Concern: Gym Source is recognized as the exclusive 1101S'I' fitness commercial dealer for central and southern Florida. They are a proven dealer that provides excellent service and support to all of their customers, At HOIST Fitness we are extremely proud of the fitness products we develop and manufacture and therefore take great pride in the distributors chosen to carry our products. We are confident that Gym Source will provi(Ie you with the products and support necessary to meet and exceed all of your fitness needs. Please feel free to contact me with any yuestiuns or if additional information is needed. Best Regards, Joey Osborne I Director of Dealer Sales - North America HOIST Fitness System,,; LeMond 11, Powered by HOIST Fitness 11900 Community Road, Poway, California USA 92064 Cell: 858,24.3.9117 F.matl: j�Sl)�CI)e�lOititf)tl'leti,,(:onl 1190J ton'm.��+lv Rb�d. 5,�.� U,C,;�n. i .\ 9: `.i4.: .'art: c � �`'.:nto • . ,... NOI�T'rITNP■O AM f p� Authorizecl Dealer Fl): Whom It. 11KIN. III N J(,11tCI- Vel-ilieS 111al arprove(i [,, se, -e �11 I Mll hor, led of ht )IIICSS and 13c.st Regards, . Yo(w Kellr Midwest v,,, 63 0-3 S6- 14 12 M, 2cv 630-884-3367 )-V � 1A� - lu, c-,. L)-' �LGU. 1�{I t • StairMaster' Ati, WINN O?IVAUT1LUS January 7, 2015 RE: Authorized Distribution -- StairMaster, Schwinn and Nautilus Commercial To whom this may concern. Please be advised that Gym Source USA LLC is the sole source authorized sales distributor and dedicated service provider for all StairMaster'' and Schwinn& commercial fitness products for the state of Florida including all commercial clubs, rec centers and school facilities. Sales by unauthorized dealers are not supported and will not carry factory warranties. Please report any misrepresentation by unauthorized dealers directly to StairMaster at 888-678-2476, Thank you for your Support. Best regards. James Martin National Sales Manager of Distributor Sales StairMaster/Schwinn Fitness/Nautilus Commercial (360)823-1916 - office (503)550-4951 - cell Imart__ i__n(ct7stairmaster.com TRUIE. June 26, 2013 Dear Customer, This letter is to verify that GYM SOURCE is our master commercial distributor for the southern Florida region. They are responsible for sales, delivery and service to a standard set by our company. Their staff has successfully fulfilled our training programs in multiple facets of the True Fitness product line. If you have any questions or concerns regarding this issue please feel free to contact me directly. Sincerely, f?l)',e-< 0111XI im-1p David T. Whitman Northeast Regional Sales Manager 215-527-0551 dtwhitma n@truefitness. com Authorized Dealer 4/19/16 To whom it may concern: This letter is to is to confirm, recognize verify that Gym Source is an authorized dealer for VersaClimber fitness products. Gym Source has been proudly reselling VersaClimbers since 2006. Best Regards, Brett Collins National Sales / Marketing Manager www.versaclimber.com TUFFSTUFF FITNESS INTERNATIONAL Friday, April 24, 2015 Ta WhOM It May Concern: 'I•uft'Stu ft•I"itness International (-1-I'I) ri udIy :vcogIIi%a✓ti the Ciynt Source as an authorized Dealea- of the 1611owing product line;: • Proformance Plus Scrics of C:'ominercial Products • 1'r0-XI. Power Racks and Platform �y tans • CTH fitness Training Syste!jjs • CHI Gym Series Uf bight C:`t,>mn�crcial i'radttcts • Apollo Series Multi -Stack Gyms • EVUIUtion Series of bight C`ominerci 11 Prciducts The: Gym Source is authorized by TH to goAdC warranty arld service; work to all the conuncrcial and light commercial products mat1ufaetured by I -tiff Stuff hiltleSS International. Ifyou have; any questions or requin! additional information, please feel rive to contact me. Sincerely, Rudy Castillo C.'olrlmcrcial Silks Tuff Stuff I.-itness l ;quipment, Inc. "IV: 9Q 629-I600 x229 Fax: 909-629-4967 Email: RcWll��(er ttifl_ ttif i-net TUFFSTUFF FITNFSS INTERNATIONAL., INC„ ' 3971 Nprty Avon .ik-, CfWC), ( A 917 M, USA PI-i: 909 6'C, )600 1 X� 909 629-4967 info.:::! 1ffstuff.r:ct Jr;v:.tt,ff5tuffitnc"SS.C(,n) DOCember 29, 2014 Octane Commercial Dealers, I hope this letter finds you well as we all wrap up a busy 4'' quarter' Thank you for continuing to hunt for new business and for another successful year with Octane products. As you reach out for new commercial business. please keep in mind that in addition to our traditional, centrally -owned national accounts, Octane is a preferred vendor to several national franchise health club chains. As a preferred vendor, we are contractually required to sell directly to the following accounts globally: Snap Fitness Anytime Fitness Retro Fitness Gold's Gym Crunch Fitness UFC Gym Envie Fitness Plus One Health Exos (Core Performance & MediFit) World Gym Wellbndge Midtown (TCA) Experience Fitness Powerhouse Gym Power Wellness YouFit Lucille Roberts L&T I Corporate Fitness Works Thank you for supporting our guideline of Octane selling these accounts directly. We will continue to support our dealer network wholeheartedly. Let myself or your Octane sales rep know of anything we can do to help you continue to be Successful with Ontario products. Fueled, Ryan Simat VP, Sales Octane Fitness 763-230-3021 rsimat@octanefitness.com 7601 Northiano Or N • SUlte 1CG t3;ookiv^ Park &4Nri':fi r,. 7t.t 266, fa, 'GS 323 206, www,octanefitness coin 2225 Martin Ave, Suite I IF��HLLC Santa Clara, CA 95b50 Interactive Fitness Holdings April 15, 2016 To Whom It May Concern, This letter is to confirm that Interactive Fitness Holdings, LLC is the sole source manufacturer of all Expresso interactive cycling systems, and Gym Source is an authorized distribution partner in the state of Florida. The Interactive Fitness Expresso HDU upright, HDR recumbent, and HDY youth bikes are a proprietary product only sold by Interactive Fitness and by regional authorized distributors of .Interactive Fitness. Unauthorized sales will not be covcred by the Manufacturer's Warranty. Should you have any questions on this information, please feel free to call me directly at 781-974-6097, Thank you for your interest in our products. Sincerely, Tom McCarthy Director — Key Accounts Interactive Fitness Holdings, LLC Hampton .Fitness iPr oducts April 1 i ?()Ifi ",'ar Sir „r Madan); This letter i. to crrui� lh.tt (;pnt utrr, t. ,,n atit h„rvcd do:+lcr ka' l la:u +ton Veniura C%,ltiinnta. t �.cu S.rur,•c h.,% the' rt + 1 t uc:, lu �ht la .c•II and <er, i, o .,ii I l.,nt + , c:rtcci ur f'hetrrunttot tnLantalion is ,,,, IolluwN 1 t,„)trodurt. Cif nt Source Jo tiast Shw Suer! 1c'u York. `1' NNl', If You have any questions regarding b servic(, 0' %J:e for Hampton Fttnpi5 Product ple0se contact: Robert Hornbuckit: at 805-339-9733 xt 16 robhor k!e@±Arnntotrt com www.HamptonF,t.com Sin.cr<1�. kuhcrl !•iurnhu, kl,. vwc I'R"tictent """'Ptc,n f-tlrh%-s Product, Ph' Rt1i_;t9 t)7:;t cxt. In 1913 Pr,rtt.,la Rd, Vcnmra, Cj; • ' ' ' . , • • • . . . , . TROl1 BARBELL & FITNESS To Whom It May Concern: This letter is to validate that Gym Source is an authorized dealer of uur USA, VTX AND TROY products. Sincerely Harley Duncan 4/ 19/2016 7larley 'bunt -an 800-872-7767 EXT 212 Commercial sales executive Troy Barbell USA Sports lnc. Ia: as p�2A777R `''uJr'Cul �.LOt-I .r , a&,Ctrt�E tP-Ii?�i`{tzt�4.l.t�'�.'tau �ltio��a'n�{�� J ABCGRE F)YNESS,{nc. Cprporate pffice •►rih "191it 11351ni 20 PrUy;M�;;, StrvQt, East Sit'OtJCi5tjurc' F'A 1 el. (570i 424.1006 • Toil Free (8U0)14d-8; 26 June 26, 2013 GYM SOURCE 40 Eait. 52"d Stre et NY. Ny. I ot?22 To Whom It arn; ti1, Y Concern: Source is authorized dealef For Stare of Florida area to sell-' h and ditirributc Total gbcnre -will, t��oiR Exercise machine, t assist abciominai Siticcrc;ly, Russel) J N ohcjl President :1BCC�RF.. FI'I NFSS Jo I o1rd . . . . . . . . . . . U Y F V'J'-"V VV LA I L b Dear Sir or Madam, This letter is to inform You that Gym Source is an authorized GILT b Reyes product dealer in the state of Florida. y Agassi & Steve Hayes Chief Operating Officer BILT by Agassi & Reyes F�fREEM 37`ION Fr Authorized Dealer To: Whom it may concern This letter verifies that Gym Source is an authorized dealer of Freemotion Fitness and is approved to sell Freemotion Fitness equipment 1 Hess Best Regards, Adam Wilk National Sales P 0 1866-4_ 59-5337 C 1214-4_ 18_9312 htrns://www free www.gYMsource.com STANDARD WARRANTY INFORMATION *WARRANTY STARTS DAY OF INSTALLATION PER SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BID tt16.097N EC UIPMENT LIST: TRUE CS400 / CS900 / CS600 / CS650 CARDIO : treadmills,ellipticals, recumbent and upright bikes Lifetime Frame/5 Years Parts/3 Years Labor/5 Years Drive Motor/3 Years Console Exception: 2 Years Labor on cs400 ellipticals and bikes STAIR Stepmills and Steppers 15 Years Frame / 3 Years Parts / 1 Year Labor CYBEX Cardio- 525 /62S/770 series CARDIO 525 SERIES Treadmill 10 Years Frame/5 Years Parts/2 Years Labor/3 Years Deck and Belt CARDIO 525 SERIES Bike/Elliptical 10 Years Frame/3 Years Parts/1 Years Labor CARDIO 625 SERIES Treadmill 10 Years Frame/3 Years Parts /3 Years Labor/3 Years Deck and Belt CARDIO 625 SERIES Bike/Elliptical 10 Years Frame/3 Years Parts/3 Years Labor CARDIO 700 SERIES Treadmill 10 Years Frame/5 Years Parts/3 Years Labor/3 Years Deck and Belt CARDIO 770 SERIES Bike/Elliptical 10 Years Frame/3 Years Parts/3 Years Labor CONSOLE: Embedded Monitor- 2 Years Ports/1 Years Labor Embedded Receiver-3 Years Parts/1 Years Labor CYBEX SELECTORIZED STRENGTH 10 Years Frame/1 Year Labor/Cables and Grips 120 Days/1 Years Parts FREEWEIGHT — PLATELOADED 2 Years Parts / l Year Labor190 days Wear Parts FREEMOTION CARDIO 3 Years Parts/3 Year Labor/3 Years Drive Motor/ 1 Year Console and Belt/1 Year Labor Exception: 1 Year Parts/1 Year Labor on Tour de France Bike SELECTORIZED STRENGTH 10 Years Frame/3 Years Parts/1 Year Cables and Labor/120 Days Uph FREEWEIGHT 10 Years Frame/3 Years Parts/1 Year Cables and Labor/120 Days Uph 1 OCTANE Eilipticals 3 Years Parts / 1 Year Labor EXPRESSO BIKES 1 Year Parts / 1 Year Labor/ 1 Year Computer SCHWINN Spin bikes AC PERFORMANCE+: 5 Years Frame/3 Years Parts/3 Years Labor/6 Months Wear Parts IC PRO: 5 Years Frame/2 Years Parts/i Years Labor/6 Months Wear Parts AC SPORT: 5 Years Frame /2 Years Parts / 1 Years Labor/6 Months Wear Parts HOIST Strength / Free Weight / Plate Loaded Lifetime Frame, 5 Years Pulleys, Bearings and Bushings/1 Year Paint TUFF STUFF Strength / Free Weight / Plate Loaded 10 Years Frame / 2 Year Bearings, Bushings/1 Year Belts, Pull Pins/ 6 Months Uph, Cables LIFECORE Cardio 5 Years Frame 12 Years Ports/ NO Labor VERSA CLIMBER 3 Years Frame, Handrails, Motor/ 2 Years Foot Pedals, Chains Rollers / 1 Year Electronics, Grips, straps HAMPTON Racks: 5 Years Dumbbells: 5 Years, applies to structural integrity of the Duro Bell,Dura Pro, Chrome, Gel Grip 2 Years, applies to structural integrity of the Pro Hex No Warranty, Neoprene Dumbbells Rubber Plates: 5 Years, applies to structural integrity "COJW 90 Days Parts / No Labor 2