HomeMy WebLinkAboutcontract informationInstructions to Bidders
1.01 Definitions
1.02 General Instruction
1.03 Terms and Conditions
1.04 Who May Submit a Bid
1.05 Ordering Instructions
1.06 Basis for Award
1.07 Questions/Contract Supervisor
1.08 Conflict of Interest
1.09 Convicted Vendors
1.10 Discriminatory Vendors
1.11 Bidder's Representation and Authorization
1.12 Performance Qualifications
1.13 Execution of Bid
1.14 Submittal of Bid
1.15 Bid Tabulation and Electronic Posting of Notice of Intended Award
1.16 Special Accommodation
1.17 Firm Bids
1.18 Clarifications/Revisions
1.19 Contract Formation
1.20 Notice of Award
1.21 Contract Overlap
1.22 Purchasing Card Program
1.23 Public Records
1.24 Protests
1.01 Definitions: See the general conditions for definitions of "bid," "Contract," "Contractor", "Contract
Supervisor," "Customer," "Department," "Product," "Purchase Order," and "State," which terms are material to
these instructions.
1.02 General Instruction: The bidder shall read all of the solicitation documents and comply with all specified
requirements.
1.03 Terms and Conditions: All bids are subject to the terms of the following sections of these solicitation
documents, which, in case of conflict, shall have the order of precedence listed: technical specifications;
instructions to bidders; and general conditions. These terms and conditions supersede the "general conditions"
contained in the Bidder Acknowledgement form (PUR 7027 Rev. 6/1/98), which is included in section 4.0 of
these solicitation documents. The Department objects to and shall not consider any additional terms or
conditions submitted by a bidder, including any appearing in documents attached as part of a bidder's response.
In signing and submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted
intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions,
including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.
1.04 Who May Submit a Bid: The Department will accept bids submitted by manufacturers or manufacturer's
certified dealers. By submitting a bid, each bidder certifies that it satisfies the following criteria, in addition to
any other specified in the solicitation documents:
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• Has a full -service office with business hours of 8:00 a.m. to 5:00 p.m. weekdays (minimum) with a staff
capable of handling inquiries and orders during those business hours (including lunch hour).
• Has provided park and playground equipment, surfacing, soil amendments, shade structures for a
minimum of one (1) year. Manufacturers of Outdoor Bleachers must have been providing outdoor
seating for ten (10) years (manufacturer's qualifications).
• Can meet all guidelines stated in the Technical Specifications of this bid.
• Can provide Bid Certification form ASTM-F1487-01, which will be kept on file at the State Purchasing
office.
• MUST maintain a HOME PAGE on the Internet. The Home Page must be compatible with the most
recent version of browser software being used by the Department. As of the writing of this ITB, Internet
Explorer is the department browser standard. URL to be provided on the References form.
• Each Bidder must provide a "Manufacturer's Certificate" as contained in section 4.0, Forms. A
Manufacturer bidding directly must provide this form for themselves or for any of their certified dealers
responding to this bid. The Manufacturer's Certificate shall verify that any and all Manufacturer's Price
List(s) submitted by the Bidder are certified by the Manufacturer.
• The State is implementing an electronic procurement system called MyFloridaMarketPlace. When it is
enabled, the successful bidders (Contractors) will be required to register in the system in order to receive
payment. Refer to the section of the General Conditions titled "Transaction Fee" for related
information. For more detail on the MyFloridaMarketPlace initiative, please visit www.myflorida.com
and find the "Hot Topic" titled MyFloridaMarketPlace/eProcurement. A Vendor Forum session is
scheduled for June 3, 2003 from 9:00 am until 12:00 am, located at Department of Management
Services, 4050 Esplanade Way, Room 301, Tallahassee, Florida 32399 to discuss
MyFloridaMarketPlace.
In furtherance of the One Florida Initiative, bidders are encouraged to seek the participation of woman- and
minority -owned business enterprises (WMBE). Information on the One Florida Initiative and WMBEs is available
from the Office at Supplier Diversity at http://osd.dms.state.fl.us. Please identify each WMBE that will participate
in the Contract and the nature of the participation.
1.05 Ordering Instructions: On the Ordering Instructions form included in section 4.0 of these solicitation
documents, bidders shall identify persons responsible for answering questions about the bid and administering
the Contract and shall provide information necessary for placing orders under the Contract.
1.06 Basis for Award: Award of this contract shall be made to the responsive, responsible bidders offering the
highest single fixed percentage discount per manufacturer, per commodity number listed on the Price Sheets. If
more than one bidder submits discounts for the same manufacturer's Published Price List, the vendor offering
the highest discount shall be awarded.
Bids shall be submitted on the basis of a discount from a manufacturer's or distributor's Published Price List(s).
Such Published Price List(s) must be common to, and accepted by, the industry in general. The lists must be
printed, properly identified, and dated as to issuance and/or effective date.
Bids will be evaluated in terms of quality and relevance of information presented in response to this solicitation
and as further described in the Technical Specifications of this ITB.
In order to be considered for an award, the PRICE SHEET must be completed with unaltered information
requested on the PRICE SHEET.
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Bidders are solely responsible for submitting the appropriate forms with their bid. To assist bidders, a bid
preparation checklist is included in section 4.0 of these solicitation documents.
The Department reserves the right to reject pricing that is greater than pricing offered to other potential
Customers (e.g., city, county, university, or federal contracts). The Department reserves the right to accept or
reject any and all bids, or separable portions, and to waive any minor irregularity, technicality, or omission if
the Department determines that doing so will serve the State's best interest.
The Department reserves the right to approve or reject additional offerings, addition of new contractors, and other
changes if the Department determines, in its sole discretion, that to do so is in the best interest of the State or
customers.
1.07 Questions/Contract Supervisor: Bidders shall address any question regarding this solicitation to the
Contract Supervisor, who is identified on the cover sheet of this solicitation package. Questions shall be in
writing, shall reference the solicitation number and the bid opening date, and shall be RECEIVED NO
LATER THAN the time and date reflected on the timeline included on the last page of the cover material of
this solicitation package, and they shall be answered in accordance with the same timeline. Bidders shall not
contact any other employee of the Department or the State for information with respect to this solicitation. The
Department shall post amendments to the solicitation documents on www.myflorida.com under the Florida
Vendor Bid System located at http://fcn.state.fl.usIowa vbs/owa/vbs www.-search.criteria form under the
posted solicitation number (to see all current postings, leave all search criteria blank, then locate on the returned
list the postings related to this solicitation). Each bidder is responsible for monitoring this site for new or
changing information. The Department shall not be bound by any verbal information or by any written
information that is not contained within the solicitation documents or formally noticed and issued by the
Contract Supervisor. Questions to the Contract Supervisor, or to any other Department personnel, shall not
constitute formal protest of the specifications or of the solicitation, a process addressed in section 1.24 of these
Instructions.
1.08 Conflict of Interest: This solicitation is subject to chapter 112 of the Florida Statutes. Bidders shall
disclose with their bid the name of any officer, director, employee or other agent who is also an employee of the
State. Bidders shall also disclose the name of any State employee who owns, directly or indirectly, an interest
of five percent (5%) or more in the bidder or its affiliates.
1.09 Convicted Vendors: A person or affiliate placed on the convicted vendor list following a conviction for a
public entity crime is prohibited from doing any of the following for a period of 36 months from the date of
being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a
public entity; submitting a bid on a contract with a public entity for the construction or repair of a public
building or public work; submitting bids on leases of real property to a public entity; being awarded or
performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;
and transacting business with any public entity in excess of the Category Two threshold amount ($25,000)
provided in section 287.017 of the Florida Statutes.
1.10 Discriminatory Vendors: An entity or affiliate placed on the discriminatory vendor list pursuant to
section 287.134 of the Florida Statutes may not submit a bid on a contract to provide any goods or services to a
public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work; may not submit bids on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity;
and may not transact business with any public entity.
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1.11 Bidder's Representation and Authorization: In submitting a bid, each bidder understands, represents,
and acknowledges the following (if the bidder cannot so certify to any of following, the bidder shall submit with
its bid a written explanation of why it cannot do so).
• The bidder is not currently under suspension or debarment by the State or any other governmental authority.
• To the best of the knowledge of the person signing the bid, the bidder, its affiliates, subsidiaries, directors,
officers, and employee are not currently under investigation by any governmental authority and have not in
the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction,
involving conspiracy or collusion with respect to bidding on any public contract.
• To the best of the knowledge of the person signing the bid, the bidder has no delinquent obligations to the
State, including a claim by the State for liquidated damages under any other contract.
• The bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from,
any firm or person to submit a complementary or other noncompetitive bid.
• The bid prices and amounts have been arrived at independently and without consultation, communication, or
agreement with any other bidder or potential bidder; neither the prices nor amounts, actual or approximate,
have been disclosed to any bidder or potential bidder, and they will not be disclosed before bid opening.
• The bidder has fully informed the Department in writing of all convictions of the firm, its affiliates (as
defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the
firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the names of current
employees who were convicted of contract crimes while in the employ of another company.
• Neither the bidder nor any person associated with it in the capacity of owner, partner, director, officer,
principal, investigator, project director, manager, auditor, or position involving the administration of federal
funds:
o Has within the preceding three years been convicted of or had a civil judgment rendered against them or
is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local
government transaction or public contract; violation of federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property; or
o Has within a three-year period preceding this certification had one or more federal, state, or local
government contracts terminated for cause or default.
• The product offered by the bidder will conform to the specifications without exception.
• The bidder has read and understands the Contract terms and conditions, and the bid is made in conformance
with those terms and conditions.
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• If an award is made to the bidder, the bidder agrees that it intends to be legally bound to the Contract that is
formed with the State.
• The bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or
submitting the bid, and has been advised by each of them that he or she has not participated in any
communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of
the statements and representations made in the bid.
• The bidder shall indemnify, defend, and hold harmless the Department and its employees against any cost,
damage, or expense which may be incurred or be caused by any error in the bidder's preparation of its bid.
• All information provided by, and representations made by, the bidders are material and important and will
be relied upon by the State in awarding the Contract. Any misstatement shall be treated as fraudulent
concealment from the State of the true facts relating to submission of the bid. A misrepresentation shall be
punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes.
1.12 Performance Qualifications: The Department reserves the right to investigate or inspect at any time
whether the product, qualifications, or facilities offered by bidder meet the Contract requirements. Bidder shall
at all times during the Contract term remain responsive and responsible. Bidder must be prepared, if requested
by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to
plant, machinery, and capacity of the bidder for the production, distribution, and servicing of the product bid. If
the Department determines that the conditions of the solicitation documents are not complied with, or that the
product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial
standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the bid or
terminate the Contract. Bidder may be disqualified from receiving awards if bidder, or anyone in bidder's
employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This
paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either
before or after award of the Contract, but should the Department elect to do so, bidder is not relieved from
fulfilling all Contract requirements.
1.13 Execution of Bid: Each bid shall be in the form included with these solicitation documents and manually
signed by an authorized representative of the bidder. Bids shall be typed or printed in permanent ink. Any
correction or alteration shall be in ink and initialed. Each bid shall include the Bidder Acknowledgement form
(PUR 7027 Rev. 6/1/98), but the "General Conditions" of that form are superseded by the terms of and
conditions of these solicitation documents. Each bid shall include a copy of the Contract form, signed by a
person authorized to bind the Company.
1.14 Submittal of Bid: Submit the original bid and one (1) copy in a sealed envelope. DO NOT INCLUDE
MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall indicate State Purchasing's
address, bidder's name and address, the bid number, and date and time of the bid opening. Bids not submitted
on the forms included with these solicitation documents shall be rejected. Each bidder is responsible for
ensuring that its bid is delivered at the proper time and to the proper place. The Department shall not consider
late bids. BIDS MUST BE RECEIVED AT STATE PURCHASING, 4050 ESPLANADE WAY, ROOM
380G, TALLAHASSEE, FLORIDA, AT OR BEFORE 2:00 P.M. ON June 26, 2003.
1.15 Bid Tabulation and Electronic Postinz of Notice of Intended Award: Bids shall be opened on the date
indicated on the Timeline included on the final page of the cover material of the solicitation ("Timeline"), and
thereafter tabulated. Bidders may, but are not required to, attend. Prices will not be read, pursuant to section
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119.07(3)(m) of the Florida Statutes. Based on the bid tabulation, on the date indicated on the Timeline the
Department shall electronically post a notice of intended award at
http://fcn.state.fl.us/owa vbs/owalvbs www.main menu. If the notice of award is delayed, in lieu of posting
the notice on the date indicated on the Timeline the Department shall post a notice of the delay and a revised
date for posting the notice of intended award. Any person who is adversely affected by the decision shall file
with the Department a notice of protest within 72 hours after the posting of the notice of intended award (see
Instruction 1.24 for more information on protests.) The Department shall not provide bid tabulations by
telephone.
1.16 Special Accommodation: Any person requiring a special accommodation at State Purchasing because of
a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If
you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service at (800)
955-8771 (TDD).
1.17 Firm Bids: The Department may make award within sixty (60) days after the date of bid opening, during
which period bids shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, a
bid shall remain firm until either the Department awards the Contract or the Department receives from the
bidder written notice that the bid is withdrawn. Any bid that expresses a shorter duration may, in the
Department's sole discretion, be accepted or rejected.
1.18 Clarifications/Revisions: Before award, the Department reserves the right to seek clarifications, to
request bid revisions, and to request any information deemed necessary for proper evaluation of bids from all
bidders deemed eligible for Contract award. Failure to provide requested information may result in rejection of
the bid.
1.19 Contract Formation: No contract shall be formed between bidder and the Department until the
Department signs the Contract. The Department shall not be liable for any costs incurred by a bidder in
preparing or producing its bid or for any work performed before the Contract is effective.
1.20 Notice of Award: The Department shall issue a notice of award, if any, to successful bidders.
1.21 Contract Overlap; Bidders shall identify any products covered by this solicitation that they are currently
authorized to furnish under any other contract with the Department. By entering into the Contract, a Contractor
authorizes the State to eliminate duplication between agreements in the manner the State deems to be in its best
interest.
1.22 Purchasing Card Program: The State has implemented a purchasing card program through Bank of
America, using the Visa network. Contractors will receive payment from the purchasing card in the same
manner as other Visa purchases. Accordingly, bidders must presently have the ability to accept Visa or take
whatever steps necessary to implement the ability before the start of the Contract term. The State reserves the
right to revise this program in conjunction with implementation of an on-line procurement system.
1.23 Public Records: Florida law generously defines what constitutes a public record; see for example, section
119.07 of the Florida Statutes. If a bidder believes that its bid contains information that should not be a public
record, the bidder shall clearly segregate and mark that information (for example, stamp each page
"Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds
for claiming exemption from the public records law. The Department will not independently evaluate the
bidder's claim of exemption. If the Department receives a public records request related to the bid, the
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Department shall notify the bidder in writing at least seven days before making the information available for
review by the requester. The bidder shall be solely responsible for taking whatever action it deems appropriate
to legally protect its claim of exemption from the public records law. If the bidder fails to do so, the
Department shall make the information available for review. In no event shall the Department or any of its
employees or agents be liable for disclosing, or otherwise failing to protect the confidentiality of, information
submitted in response to this solicitation.
1.24 Protests: Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and
287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. It is the Department's
intent to ensure that specifications are written to obtain the best value for the State and that specifications are
written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. NOTICE
OF PROTEST OF THE SOLICITATION DOCUMENTS SHALL BE MADE WITHIN SEVENTY-
TWO HOURS AFTER THE POSTING. Questions to the Contract Supervisor shall not constitute formal
notice. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to file
a bond or other security within the time allowed for filing a bond shall constitute a waiver of proceedings under
Chapter 120, Florida Statutes.
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Technical Specifications
Contents
2.01 Additional Definitions
2.02 Scope and Classification
2.03 Efficiencies
2.04 Applicable Publications
2.05 Requirements
2.06 State Contract Web Page
2.07 Installation
2.08 Acceptable and Excluded Products
2.09 Sampling, Inspection and Test
2,10 Shipment Packing, Marking and Delivery
2.11 Liquidated Damages
2.01 Additional Definitions For purposes of this bid:
Playground Equipment: Composite play structures, or Individual Freestanding Apparatus, or Composite
Parts, which can be added to or combined with the composite play structure.
Playground Surfacing Material: Material used under and around a particular piece of equipment with a
Critical Height Value of at least the height of the highest designated play surface on the equipment.
Unitary Surfacing Material: A manufactured material used for protective surfacing in the use zone that may
be rubber tiles, mats or a combination of rubber -like materials held in place by a binder that may be poured in
place at the playground site and curves to form a unitary shock absorbing surface.
Loose -Fill Surfacing Material: A material used for protective surfacing in the use zone that consists of loose
particles such as sand, gravel, wood fibers, bark mulch, or shredded rubber.
Soil Amendment: Material used on athletic fields, golf courses, parks, etc. Shredded or ground loose rubber
tilled into soil improves aeration, growth, drainage and reduces compaction.
Outdoor Bleachers: Outdoor seating available in Permanent Steel Grandstands or Aluminum Portable
Bleachers.
Recycled Content: Means material that has been reclaimed and is contained in the products or materials to be
procured. This term does not include internally generated scrap that is commonly used in industrial or
manufacturing processes or waste or scrap purchased from another manufacturer who manufactures the same
or a closely related product.
Recovered Materials: Means those materials which have known recycling potential, can be feasibly recycled,
and have been diverted or removed from the solid waste stream for sale, use, or reuse, by separation,
collection, or processing.
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Postconsumer Recovered Materials: Means any product generated by a business or a consumer which has
served its intended end use, and which has been separated from solid waste for the purpose of collection,
recycling, and disposition.
Items containing recovered materials are not acceptable in commodity classifications not specified as having
recycled content (intended as virgin material commodities). Exceptions include, but are not limited to,
packaging. Failure to comply with this requirement shall result in disqualification of the related bid.
Fall Height: The vertical distance between a designated play surface and the protective surfacing beneath it.
Shade Structures: Structures to provide shade plus ultraviolet ray and hail protection. Shall be certified by
the American Sun Protection Association, comply with Florida Building codes, and meet ASCE 7-98 wind
load requirements.
Certification: When bidding recycled playground products, bidder shall provide manufacturer's written
certification of the percentage (%) of recovered materials contained in the specified commodities. Failure to
comply with this requirement shall result in disqualification of the related bid.
2.02 Scope and Classification: This specification covers park and playground equipment, surfacing, soil
amendment, outdoor bleachers and shade structures as identified in these technical specifications. Playground
equipment shall be manufactured and constructed only of materials that have a demonstrated durability in the
playground or similar outdoor setting.
This specification does not eliminate the need for supervision of children on public playground equipment. It is
intended to minimize the likelihood of life -threatening or debilitating injuries, such as those identified by the
Consumer Product Safety Commission (CPSC). Playground supervisors should be aware that not all playground
equipment is appropriate for all children who may use the playground. Supervisors should look for posted signs
indicating the appropriate age of the users and direct children to equipment appropriate for their age.
The equipment, surfacing, soil amendment, outdoor bleachers and shade structures covered by these specifications
shall be as Listed below and as listed on the price sheets.
Product Commodity Number
Park and Playground Equipment 650-500-650
Surfacing Material, Unitary 650-480-800
Surfacing Material, Loose -Fill 650-480-850
Recycled Park & Playground Equipment 650-500-670
Recycled Surfacing Material, Unitary 650-480-820
Recycled Surfacing Material, Loose -Fill 650-480-870
Recycled Soil Amendment 335-880-200
Outdoor Bleachers, Steel Grandstand Type 805-350-100
Outdoor Bleachers, Aluminum Portable 805-350-200
Shade Structures 155-800-500
2.03 Efficiencies: Contractors responding to this solicitation shall endeavor to identify and implement programs
designated to generate cost savings without sacrifice of product or service quality and will pass such savings
directly to the State of Florida and other eligible customers.
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2.04 Applicable Publications: The following publications (issue in effect on date of invitation
to Bid shall form a part of this specification. American Society for Testing and Materials (ASTM).
ASTM-F1487-01 Methods of testing Playground Equipment for public use.
ASTM-F 1292-99 Methods for testing various surfacing materials to determine their "critical
height"*. The manufacturers of protective surfacing shall provide test data supporting their
products' compliance to the American Society for Testing and Materials.
*The fall height below which a life threatening head injury would not be expected to occur. (Copies
may be obtained from American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428)
CPSC — Printed Handbook for Public Playground Safety. (Copies may be obtained from U.S.
Consumer Product Safety Commission, Washington, DC 20207)
NPSI — National Playground Safety Institute identification of twelve (12) leading causes of injuries
on playgrounds. (Copies may be obtained from National Recreation and Park Association, 2775
South Quincy Street, Suite 300, Arlington, VA 22206).
NFPA 101 and NFPA 102 - Life Safety Code — Florida Building Code for Outdoor Bleachers.
Any additional codes as required and specified by the Eligible User in the plans, drawings, and
specifications.
2.05 Requirements Park and playground equipment, surfacing, soil amendment, outdoor bleachers, and shade
structures must meet all guidelines stated in the "Handbook for Public Playground Safety" published by the
Consumer Product Safety Commission, dated October 1997, and the ASTM F1487-01, "Consumer Safety
Performance Specifications for Playground Equipment for Public Use". The manufacturer must furnish written
IPEMA (International Playground Equipment Manufacturers Association) certification with this bid.
The State of Florida is committed to providing equipment designed to be used by and/or accessible to
mobility/limited or sight impaired individuals. To this end, manufacturers and/or suppliers are required to follow
the current C.P.S.C. ASTM 1487-01; IPEMA Certification; ASTM F15.29; ADAAG; and 42 USCA §§ 1211 et.
seq.; Sections 553.501-513, Florida Statutes; "Florida Americans with Disabilities Accessibility Implementation
Act".
Surfacing Material and Soil Amendments: Material must meet all guidelines stated in the "Handbook for Public
Playground Safety" published by the U.S. Consumer Product Safety Commission, dated October 1997, and the
ASTM-F1292 Standard Consumer Safety Performance specification for impact attenuation of surface systems
under and around playground equipment.
The surfacing material used under and around a particular piece of playground equipment should have a Critical
Height value of at least the height of the highest designated play surface on the equipment. This height is the fall
height for the equipment.
Acceptable playground surfacing is available in two basic types, unitary or loose -fill. Acceptable soil amendment
is available in shredded or ground, loose recycled rubber.
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Outdoor Bleachers: Outdoor seating structures available in Permanent Steel Grandstand Type or Aluminum
Portable Bleachers. Manufacturers of bleachers must furnish Mill Test Certification. Qualifications of
Manufacturers are: must have ten (10) years experience in the manufacture of bleachers and grandstands; welders
must be AWS certified. Providers of bleachers must adhere to Florida Building Code NFPA 101 and 102 Life
Safety Code.
Shade Structures: Shall be certified by a US Testing Laboratory, comply with Florida Building Codes, and meet
ASCE 7-98 Wind Load requirements.
This Contract is to provide a full range of park and playground equipment, surfacing, soil amendment, outdoor
bleachers, and shade structures for eligible customers which will permit the participants to begin or add to their
park and playground equipment and surfacing environment.
2.06 State Contract Web Paae: Each contractor shall develop and maintain a State contract web page
(hereinafter referred to as "Page") on the World Wide Web in order to display approved contract information. The
contractor's Page shall be linked to the State contract on the MyFlorida.com web site by the Department. The
information provided on this page shall be specific to the contract.
Every Page shall conform to the requirements listed below:
➢ Access to the contractor's Page must be accessible to all — it cannot be password protected.
D. The Page shall be compatible with the most recent version of browser software being used by the
Department. The current standard is Internet Explorer.
➢ The Page must contain a complete list of all equipment with pricing offered to eligible users.
➢ All information presented in the Page shall conform to the terms and conditions of the ITB, and the
resulting contract, if any.
➢ Graphics and/or audio may be included, but is not required. For information purposes, the present contract
for park and playground equipment and surfacing may be viewed at the myflorida.com website in order to
get ideas for form and content of the Pages.
• Additional links may be a part of the Page, such as links to additional service or product information, Price
Lists, the contractor's Home Page, or any other pertinent information, as approved by the Department.
The Page shall contain, at a minimum, all required information listed above, and shall be complete at the time of the
ITB opening. Failure to supply this information as required may result in the proposal being rejected for non-
compliance. The contractor shall complete the State Contract Web Page Development Form included in the 4.0
Forms section of this ITB.
2.07 Installation: Installation of park and playground equipment, surfacing, soil amendment,
outdoor bleachers and shade structures is not a part of this contract. Equipment requiring assembly and installation
should be contracted with the awarded manufacturers certified installer and in accordance with manufacturer's
procedures.
Vendors who bid and are awarded playground and park equipment, shall have the capability to recommend and
design appropriate play systems/structures for age groups to be determined by eligible user. The designer or
manufacturer shall provide clear and concise instructions and procedures for the installation of each play and park
structure designed or provided, as well as a complete parts list.
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2.08 Acceptable and Excluded Products: Equipment and products not specifically designated as
acceptable products for this bid/contract are excluded. Determination of the acceptability of products for this
bid/contract is at the sole discretion of the Department. It is the responsibility of the bidder to make sure that
unacceptable items are not part of price lists offered on bidder's website.
Acceptable Products: Surfacing and Soil Amendments, Climbers; Merry -Go -Rounds; Play Structures;
Bouncers; Moving Rotating or Rocking Components; Seesaws; Slides and Sliding Poles; Swings;
Teeter -Toter, Playground Games, Badminton Equipment; Basketball Backboard, Post and Hardware;
Soccer Goals Standards and Nets; Tennis Post Nets and Hardware; Tetherball Equipment; Volleyball
Posts, Nets and Equipment, Skate Parks (only in specific park settings), Park and Playground Shade
Structures, Outdoor Bleachers, Bicycle Racks, Ladders, Balance Beams and other park and playground
equipment offered that is not listed in the Excluded Products paragraph.
Excluded Products: Park benches, picnic tables, waste receptacles, barbeque grills.
2.09 Sampling, Inspection, and Test: The customer reserves the right to require each contractor to
demonstrate to the satisfaction of the customer, within ten (10) days of request, that the bidder's equipment,
surfacing or soil amendment is compatible as required by the contract and as represented by the contractor, and
that the equipment and products will meet or surpass any functional specification as required by the contract
and as represented by the contractor. Demonstration content, time, and place are subject to agreement between
the customer and the contractor.
2.10 Shipping, Packing, Markin and Delivery: All items shall be packed so as to ensure safe transport and
delivery to destination. Shipping containers shall be marked to identify the contents, name of the contractor,
and the contract and purchase order number.
Successful bidders are responsible for supplying all labor, materials, and equipment required for the off-loading
and placement of items as directed, at all delivery locations, without assistance of customer's personnel. A
minimum of 24 hours advance notification of delivery is required from all freight carriers.
Shipment shall be in good order and condition at the point of delivery to the ordering customer location. The
contractor shall be responsible for any loss of and/or damage to the goods occurring before receipt of the
shipment by the consignee at the delivery point specified in the purchase order.
SHIPPING CHARGES WILL BE PREPAID BY SUCCESSFUL CONTRACTORS AND ADDED AS A
SEPARATE ITEM ON THE ELIGIBLE CUSTOMER'S INVOICE. COMPLETE
DOCUMENTATION OF ALL CHARGES MUST ACCOMPANY EACH INVOICE FOR PAYMENT.
THE ORDERING CUSTOMER WILL ONLY PAY ACTUAL FREIGHT CHARGES. AN
ESTIMATION OF FREIGHT CHARGES FOR ANY ITEM ORDERED THROUGH THIS
CONTRACT IS REQUIRED.
2.11 Liquidated Damages: If the Contractor fails to ensure that the products ordered are as
specified on the purchase order, in lieu of actual damages the customer may, at its option, elect to assess
liquidated damages in the amount of $250.00 per calendar day until the earlier of the date (1) the contractor
provides the products, (2) the customer secures the products elsewhere, or (3) the customer's need otherwise
ceases. Liquidated damages shall not be assessed if the products are received within one (1) hour of the time
specified on the purchase order. At the customer's sole option, liquidated damages may be assessed in half -day
(four hour) increments of $125.00.
15
General Conditions
Contents
3.01 Definitions
3.02 Eligible Customers
3.03 Product Version
3.04 Quantity Discounts
3.05 Best Pricing Offer
3.06 Sales Promotions
3.07 Trade -In
3.08 Americans With Disabilities Act
3.09 Purchase Orders
3.10 Packaging
3.11 Manufacturer's Name and Approved Equivalent
3.12 Inspection at Contractor's Site
3.13 Safety Standards
3.14 Literature
3.15 Transportation and Delivery
3.16 Installation
3.17 Inspection and Acceptance
3.18 Transaction Fee
3.19 Invoicing and Payment
3.20 Taxes
3.21 Customer's Default
3.22 Annual Appropriations
3.23 Catalog Data
3.24 Governmental Restrictions
3.25 Compliance with Laws
3.26 Lobbying and Integrity
3.27 Indemnification
3.28 Suspension of Work
3.29 Termination for Convenience
3.30 Termination for Cause
3.31 Force Majeure, Notice of Delay, and No Damages for Delay
3.32 Equitable Adjustment
3.33 Scope Changes
3.34 Renewal
3.35 Advertising
3.36 Assignment
3.37 Dispute Resolution
3.38 Employees, Subcontractors, and Agents
3.39 Security and Confidentiality
3.40 Independent Contractor Status of Contractor
3.41 Insurance Requirements
3.42 Service
3.43 Warranty of Authority
3.44 Warranty of Ability to Perform
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3.45 Notice
3.46 Leases and Installment Purchases
3.47 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)
3.48 Products Available from the Blind and Other Handicapped
3.49 Modification of Terms
3.50 Waiver
3.51 Execution in Counterparts
3.52 Severability
3.01 Definitions:
The term "proposal" means the offer extended to the Department in response to this solicitation. The forms to
accompany the proposal are included in section 4.0 of these solicitation documents.
"Contract" means the legally enforceable agreement, if any, that results from this solicitation. The parties to the
Contract will be the Department and Contractor. The Contract shall be reduced to writing substantially in the
form included in section 4.0 of these solicitation documents.
"Contractor" means a successful proposer, which, along with the Department, will enter into the Contract. The
Department may make a multiple award, but for sake of convenience the solicitation documents use the singular
form of this term. If a Contractor is a manufacturer, its certified dealers and resellers may also furnish products
under the Contract; in choosing to do so, the dealers and resellers agree to honor the Contract and the term
"Contractor" shall be deemed to refer to them. Unless awarded the Contract as a direct proposer, however,
dealers and resellers are not parties to the Contract, and the Contractor that certifies them shall be responsible
for their actions and omissions.
"Contract Supervisor" means the State Purchasing employee to whom proposers shall address any questions
regarding the solicitation or award process. The Contract Supervisor shall be the arbitrator on any dispute
concerning performance on the Contract as specified in Section 3.37 of the General Conditions.
"Customer" means the State agencies and other eligible users that will order products directly from the
Contractor under the Contract. By ordering products under the Contract, the Customer agrees to its terms.
Customers are not, however, parties to the Contract.
"Department" means the Florida Department of Management Services. The Department will be a party to the
Contract. "State Purchasing," a division within the Department's Support Program, is responsible for
administration of this solicitation and will be responsible for day-to-day administration of the Contract. State
Purchasing may be reached at 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950, (850) 487-4634, or
via links posted at http://www.myflorida.com/myflorida/business/index.html. The Department reserves the
right to contract with a third -party service provider to assume responsibility for administration of the Contract.
"Product" means any deliverable under the Contract, which may include commodities, services, technology or
software.
"Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a
formal written purchase order, electronic purchase order, procurement card, or other authorized means).
"State" means the State of Florida and its agencies.
17
3.02 Eligible Customers: Section 287.056 of the Florida Statutes governs agencies' use of the Contract.
Customers participating in the Contract do so according to the following terms: (1) non -State Customers assume
and bear complete responsibility with regard to performance of any contractual obligation or term; (2) breach of
a Contract term by any particular Customer shall not be deemed a breach of the Contract as a whole, which
shall remain in full force and effect, and shall not affect the validity of the Contract nor the Contractor's
obligations to non -breaching Customers or the Department; (3) the State shall not be liable for any breach by a
non -State Customer; (4) each non -State Customer and the Contractor guarantee to save the State and its
officers, agents, and employees harmless from liability that may be or is imposed by their failure to perform in
accordance with their obligations under the Contract.
3.03 Product Version: Purchase orders shall be deemed to reference a manufacturer's most recently released
model or version of the product at the time of the order, unless the Customer specifically requests in writing an
earlier model or version and the Contractor is willing to provide such model or version.
3.04 Quantity Discounts: Contractors are urged to offer additional discounts for one time delivery of large
single orders of any assortment of items. Customers should seek to negotiate additional price concessions on
quantity purchases of any products offered under the Contract. State Customers shall document their files
accordingly.
3.05 Best Pricing Offer_ During the Contract term, if the State becomes aware of better pricing offered by the
Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same
or similar terms of the Contract, then at the discretion of the Department the price under the Contract shall be
immediately reduced to the lower price.
3.06 Sales Promotions: In addition to decreasing prices for the balance of the Contract term due to a change
in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified
lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1)
starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -
authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall
provide conspicuous notice of the promotion.
3.07 Trade -In: Customers may trade-in equipment when making purchases from the Contract. A trade-in
shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current
fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it
may be necessary to provide documentation to the Office of the State Comptroller and to the agency property
custodian.
3.08 Americans With Disabilities Act: Contractors should identify any products that may be used or adapted
for use by visually, hearing, or other physically impaired individuals.
3.09 Purchase Orders: A Contractor shall not deliver or furnish products until a Customer transmits a
purchase order. All purchase orders shall bear the Contract number, shall be placed by the Customer directly
with the Contractor, and shall be deemed to incorporate by reference the Contract terms and conditions. Any
discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or
acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for
services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by
reference the requirements of subparagraphs (a) through (f) thereof. Even where not otherwise required,
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CUSTOMERS ARE ENCOURAGED TO INCLUDE PROVISIONS THAT PROMOTE GOOD
CONTRACT MANAGEMENT PRACTICES AND ENABLE THE CUSTOMER AND CONTRACTOR
TO MONITOR AND ADJUST PERFORMANCE, for example, provisions clearly defining the scope of the
work, provisions dividing the order into objectively measured deliverables, provisions setting forth schedules
for completion and (where appropriate) liquidated damages for untimely completion, etc. State Customers shall
designate a contract manager and a contract administrator as required by subsections 287.057(14) and (15) of
the Florida Statutes. The Department reserves the right to revise this section in conjunction with
implementation of an on-line procurement system.
3.10 Packaging: Tangible product shall be securely and properly packed for shipment, storage, and stocking
in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without
extra charge for packing materials, cases, or other types of containers. All containers and packaging shall
become and remain Customer's property.
3.11 Manufacturer's Name and Approved Equivalents: Unless otherwise specified, any manufacturers'
names, trade names, brand names, information and/or catalog numbers listed in a specification are descriptive,
not restrictive. With the Department's prior approval, the Contractor may offer any product that meets or
exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate
catalog materials, literature, specifications, test data, etc. The Department shall determine in its sole discretion
whether a product is acceptable as an equivalent.
3.12 Inspection at Contractor's Site: The State reserves the right to inspect, at any reasonable time with prior
notice, the equipment or product or plant or other facilities of a Contractor or prospective Contractor (proposer)
to assess conformity with Contract requirements and to determine whether they are adequate and suitable for
proper and effective Contract performance.
3.13 Safety Standards: All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a manufactured, natural, or
LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector.
Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard
organization, where such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters
Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the
American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating
to clean air and water pollution.
3.14 Literature: Upon request, the Contractor shall furnish Customers literature reasonably related to the
product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
3.15 Transportation and Delivery: Prices shall include all charges for packing, handling, freight,
distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty
(30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase
order, shall notify the Customer of any potential delivery delays. Evidence of inability to deliver or intentional
delays shall be cause for Contract cancellation and Contractor suspension.
19
3.16 Installation: Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on the purchase order.
Contractor's authorized product and price list shall clearly and separately identify an additional installation
charges. All materials used in the installation shall be of good quality and shall be free of defects that would
diminish the appearance of the product or render it structurally or operationally unsound. Installation includes
the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper
location. Contractor shall protect the site from damage and shall repair damages or injury caused during
installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required
to achieve installation, the Contractor shall promptly restore the structure or site to its original condition.
Contractor shall perform installation work so as to cause the least inconvenience and interference with
Customers and with proper consideration of others on site. Upon completion of the installation, the location
and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
3.17 Inspection and Acceptance: Inspection and acceptance shall be at destination unless otherwise provided.
For Contractor -installed products, the date of acceptance is the date the Customer accepts the product as
installed and in good working order, as determined by any appropriate acceptance testing, and the Customer
shall certify in writing to the Contractor when the product is accepted (if training or other post -installation
services are included in the purchase order, the acceptance shall be conditional). For Customer -installed
products, the date of acceptance shall be the delivery date. Until acceptance, risk of loss or damage shall remain
with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage
claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible
damage on all copies of the delivering carrier's Bill of Lading; report damage to the carrier and the Contractor;
and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a
Customer rejects a product, Contractor shall remove it from the premises within ten days after notification of
rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with
the Contractor. Rejected product not removed by the Contractor within tens days shall be deemed abandoned
by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall
reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of
rejected product.
3.18 Transaction Fee: The Department has instituted MyFloridaMarketPlace, a statewide
eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall
be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when
possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible,
the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these
reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall
be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)
if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor.
Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or
declined, due to the Contractor's failure to perform or comply with specifications or requirements of the
agreement.
20
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS
DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING
FUTURE BUSINESS WITH THE STATE.
3.19 Invoicing and Payment: Invoices shall contain the Contract number, purchase order number, and the
Contractor's SPURS vendor number. The State may require any other information from the Contractor that the
State deems necessary to verify any purchase order placed under the Contract.
At the Department's option, Contractors may be required to invoice electronically pursuant to Department
guidelines. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices
for those transactions processed through the system. Electronic invoices shall be submitted to the Customer
through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -
based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern
time limits for payment of invoices. Time limits do not begin until the Contractor submits a properly completed
invoice. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in
payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments
by State agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to
pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its
obligations to the Department or to other Customers.
3.20 Taxes: The State does not pay Federal excise or sales taxes on direct purchases of tangible personal
property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied
on employees' wages. Purchases by non -State Customers may be subject to taxes, which shall be computed
based on the purchase price and added to the invoice submitted to such entity for payment.
3.21 Customer's Default: A Customer's breach of the terms of a particular order shall not be deemed a breach
of the Contract. If a Customer fails to make a payment to the Contractor for products delivered or provided,
accepted, and properly invoiced, within sixty days after approval for payment, then the Contractor may, upon
ten days advance written notice to both the Department and Customer's purchasing official, suspend additional
shipments or provision of product to that specific Customer until such time as reasonable arrangements have
been made and assurances given by the Customer for current and future Contract payments. Notwithstanding
the foregoing, the Contractor shall, in writing and at least ten days before declaring a Customer in breach of the
terms of a particular order, notify both the Department and Customer's purchasing official of the specific facts,
circumstances and grounds upon which the Contractor intends to declare a breach. If the Contractor's basis for
declaring a breach is determined, then or later, to be insufficient, then the Contractor's declaration of breach and
failure to service the Customer shall constitute a breach of the Contract by the Contractor and the Department or
Customer may thereafter seek any remedy available at law or equity.
3.22 Annual Appropriations: The State's performance and obligation to pay under the Contract are
contingent upon an annual appropriation by the Legislature.
3.23 Catalog, Data: Accenture is responsible for converting Contract catalog information into a format
supported by the System. To accomplish this conversion, the Contractor shall provide certain information in
electronic format directly to Accenture; alternatively, the Contractor may follow the "punchout" solution
described in more detail below.
21
Within ten (10) days of written notice from Accenture, Contractor shall provide all information necessary to
facilitate electronic purchases from this contract, or shall contact Accenture and begin work on the "punchout"
solution described below. Such information may include, but is not limited to, Contractor name, SKU,
brand/manufacturer, product name and brief description, unit of measure, and price. Contractor shall provide
this information in the format requested by Accenture. No costs or expenses associated with providing this
information shall be charged to the Department, Customers, or Accenture. With Contractor's timely assistance,
Accenture shall create and maintain web -based placement of the requested Contract information.
"Punchout" Alternative: The Contractor may offer, as an alternative to providing the information
discussed above, an online "punchout" solution, in which the Customer accesses the Contractor's
website directly from the System, rather than the System maintaining the Contractor's data. This
solution must allow the Customer to reach the Contractor's site, browse for contracted items only, and
return to the System with a list of items ready to be inserted into a requisition. If Contractor selects this
alternative, it must meet the following requirements:
1 The solution must conform to cXML 1.0 or 1.1 standards.
1 The solution must conform to the technical specifications and implementation requirements
provided by Accenture, and the Contractor must work with Accenture to ensure successful
integration of the punchout solution into the System.
✓ The solution must have the capability to provide only those products awarded under the
Contract, and block any non -contract item(s) from being added to the requisition.
Warranty: For the purposes of this section, the Contractor warrants and represents that it is authorized
and empowered to and hereby grants the Department and Accenture the right and license to use,
reproduce, transmit, distribute and publicly display within the System the information outlined above.
In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby
grants the Department and Accenture the right and license to reproduce and display within the System
the Contractor's trademarks, system marks, logos, trade dress or other branding designation that
identifies the products made available by the Contractor under the Contract.
If the Contractor is not the manufacturer, it shall be the Contractor's responsibility to obtain
authorization from the manufacturer to comply with the provisions of this section, including securing
any intellectual property rights of the manufacturer. If the Contractor is the manufacturer, it shall only
authorize dealers, outlets, distributors, value-added resellers, etc. within their network that can comply
with the provisions of the Contract.
3.24 Governmental Restrictions: If the Contractor believes that any governmental restrictions have been
imposed that require alteration of the material, quality, workmanship or performance of the products offered
under the Contract, the Contractor shall immediately notify the Department in writing, indicating the specific
restriction. The Department reserves the right and the complete discretion to accept any such alteration or to
cancel the Contract at no further expense to the Department.
3.25 Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and
licensing requirements that are applicable to the conduct of its business, including those of federal, State, and
local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the Florida
Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non -
exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization
22
Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race,
religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be
grounds for Contract termination.
3.26 Lobbying and Integrity: Pursuant to section 216.347 of the Florida Statutes, the Contractor may not expend
any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. In addition, the
Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer,
confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's
decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2)
offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State
officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary
value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of
money, services, employment, or contracts of any kind. Upon request of the Department's Inspector General, or
other authorized State official, the Contractor shall provide any type of information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the
Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the
Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the
Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of
State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse
the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State
official for investigations of the Contractor's compliance with the terms of this or any other agreement between the
Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include,
but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not
result in the Contractor's suspension or debarment.
3.27 Indemnification: The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers,
agents, and employees, from suits, actions, damages, and costs of every name and description, including
attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property
alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors;
provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately
caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits,
actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to
violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided
however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's
products or a Customer's operation or use of Contractor's products in a manner not contemplated by the
Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's
opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the
Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is
not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the
Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental
for past use. The Customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent
upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the
23
opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in
defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the State or Customer in any legal action without the Contractor's prior
written consent, which shall not be unreasonably withheld.
Except as specified in the foregoing portions of this section, for all other claims against the Contractor under
any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability
under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the
purchase order, or two times the charges rendered by the Contractor under the purchase order. Unless otherwise
specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special,
indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires
the Contractor to back-up data or records), even if the party has been advised that such damages are possible.
No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and
Customer may, in addition to other remedies available to them at law or equity and upon notice to the
Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for
damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other
obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any
contract with the State.
3.28 Suspension of Work: The Department may in its sole discretion suspend any or all activities under the
Contract, at any time, when in the best interests of the State to do so. The Department shall provide the
Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension
include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances.
After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any
purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Department shall
either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the
Contract. Suspension of work shall not entitle the Contractor to any additional compensation.
3.29 Termination for Convenience: The Department, by written notice to the Contractor, may terminate the
Contract in whole or in part when the Department determines in its sole discretion that it is in the State's interest
to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to
recover any cancellation charges or lost profits.
3.30 Termination for Cause: The Department may terminate the Contract if the Contractor fails to (1) deliver
the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Rule 60A-I.006(3), Florida Administrative Code, governs the procedure
and consequences of default. The Contractor shall continue work on any work not terminated. Except for
defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to
perform the Contract arises from events completely beyond the control, and without the fault or negligence, of
the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause
of the default is completely beyond the control of both the Contractor and the subcontractor, and without the
fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless
the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the
required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
24
been issued for the convenience of the Department. The rights and remedies of the Department in this clause
are in addition to any other rights and remedies provided by law or under the Contract.
3.31 Force Maieure, Notice of Delay. and No Damages for Delay: The Contractor shall not be responsible
for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its
employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor.
In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause
that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could
occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor
first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in
strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than
for an extension of time, shall be asserted against the Customer or the Department. The Contractor shall not be
entitled to an increase in the Contract price or payment of any kind from the Customer or Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause
whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in
this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the
Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to
the State or to Customers, in which case the Department may (1) accept allocated performance or deliveries
from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to
products subjected to allocation, and/or (2) purchase from other sources (without recourse to and by the
Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the
delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in
part.
3.32 Equitable Adiustment: The Department may, in its sole discretion, make an equitable adjustment in the
Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility
in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to
causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the
particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.
3.33 Scope Changes: The Department may unilaterally require, by written order, changes altering, adding to,
or deducting from the Contract specifications, provided that such changes are within the general scope of the
Contract. The Department may make an equitable adjustment in the Contract price or delivery date if the
change affects the cost or time of performance. Such equitable adjustments require the written consent of the
Contractor, which shalt not be unreasonably withheld. If unusual quantity requirements arise, the Department
may solicit separate bids to satisfy them.
3.34 Renewal: Subject to Chapter 287 of the Florida Statutes, and upon mutual agreement, the Department and
the Contractor may renew the Contract, in whole or in part. Any renewal shall be in writing and signed by both
parties.
25
3.35 Advertising: The Contractor shall not publicly disseminate any information concerning the Contract
without prior written approval from the Department, including, but not limited to mentioning the Contract in a
press release or other promotional material, identifying the Department or the State as a reference, or otherwise
linking the Contractor's name and either a description of the Contract or the name of the State, the Department,
or any Customer in any material published, either in print or electronically, to any entity that is not a party to
Contract, except potential or actual authorized distributors, dealers, resellers, or service representative.
3.36 Assignment: The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under
the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of
the Department; provided, the Contractor assigns to the State any and all claims it has with respect to the
Contract under the antitrust laws of the United States and the State. The Department may assign the Contract
with prior written notice to Contractor of its intent to do so.
3.37 Dispute Resolution: Any dispute concerning performance of the Contract shall be decided by the
Contract Supervisor, who shall reduce the decision to writing and serve a copy on the Contractor and, if
appropriate, the Customer. The decision of Contract Supervisor shall be final and conclusive unless within ten
(10) days from the date of receipt, the Contractor files with the Department a petition for administrative hearing.
The Department's decision on the petition shall be final, subject to the Contractor's right to review pursuant to
Chapter 120 of the Florida Statutes. Without limiting the foregoing, the exclusive venue of any legal or
equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County,
Florida; in any such action, Florida law shall apply, the Contractor waives any right to jury trial that it may
have, and the prevailing party shall be awarded reasonable costs incurred, including attorneys' fees and costs on
appeal.
3.38 Employees, Subcontractors. and Agents: All Contractor employees, subcontractors, or agents
performing work under the Contract shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of
qualification. All employees, subcontractors, or agents performing work under the Contract must comply with
all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall
cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished
by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause,
including, but not limited to, technical or training qualifications, quality of work, change in security status, or
non-compliance with a Customer's security or other requirements. Such approval shall not relieve the
Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar
from any facility for cause any of the Contractor's employees, subcontractors, or agents.
3.39 Security and Confidentiality: The Contractor shall comply fully with all security procedures of the State
and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential
information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or
employees in the course of performing Contract work, including, but not limited to, security procedures,
business operations information, or commercial proprietary information in the possession of the State or
Customer. The Contractor shall not be required to keep confidential information or material that is publicly
available through no fault of the Contractor, material that the Contractor developed independently without
relying on the State's or Customer's confidential information, or material that is otherwise obtainable under
State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
26
3.40 Independent Contractor Status of Contractor: The Contractor, together with its agents, distributors,
resellers, subcontractors, officers and employees, shall have and always retain under the Contract the legal
status of an independent contractor, and in no manner shall they be deemed employees of the State or Customer
or deemed to be entitled to any benefits associated with such employment. During the term of the Contract,
Contractor shall maintain at its sole expense those benefits to which its employees would otherwise be entitled
to by law, including health benefits, and all necessary insurance for its employees, including workers'
compensation, disability, and unemployment insurance, and provide Customers with certification of such
insurance upon request. The Contractor remains responsible for all applicable federal, state, and local taxes,
and all FICA contributions.
3.41 Insurance Requirements: During the Contract term, the Contractor at its sole expense shall provide
commercial insurance of such a type and with such terms and limits as may be reasonably associated with the
Contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida
statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all
employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the
minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an
additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the
Contract work, with minimum combined limits of $500,000, including hired and non -owned liability, and $5,000
medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the
Contractor and is of the essence of the Contract. Upon request, the Contractor shall provide certificate of insurance.
The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law.
The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the
Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers
authorized to write policies in Florida.
3.42 Service: If a Customer is unable to obtain service/warranty within the time specified, or if difficulties are
encountered in obtaining service from the Contractor's designated service location, the Customer shall notify
the individual designated on the Contractor's ordering instruction sheet, who shall then arrange and coordinate
service by an alternate service dealer at no additional cost to the Customer.
3.43 Warranty of Authority: Each person signing the Contract warrants that he or she is duly authorized to
do so and to bind the respective party to the Contract.
3.44 Warranty of Ability to Perform: The Contractor shall provide the Department, no later than the time
the Contractor returns a signed copy of the Contract, with proof of a Certificate of Status from the Secretary of
State, Division of Corporations, demonstrating that the Contractor is in good standing and legally authorized to
transact business in Florida. Failure to submit this documentation shall be sufficient grounds for withholding
payment under the Contract and cause for termination. The Contractor warrants that, to the best of its
knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial
condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract
obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list
maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other
state or the federal government. The Contractor shall immediately notify the Department in writing if its ability
to perform is compromised in any manner during the term of the Contract.
3.45 Notice: All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery. Notices to the Department shall be
delivered to the Contract Supervisor identified in the Instructions to Bidders, with a copy to the Office of
27
General Counsel, 4050 Esplanade Way, Suite 260, Tallahassee, FL 32399-0450. Notices to the Contractor shall
be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing,
if someone else is designated to receive notice.
3.46 Lease and Installment Purchases: The State Comptroller's prior approval is required for State agencies
to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount
established by section 287.017 of the Florida Statutes.
3.47 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): To the extent that a
product is certified by or is available from PRIDE, and has been approved in accordance with section
946.515(2) of the Florida Statutes, it is expressly understood and agreed that any articles which are the subject
of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946
of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section
946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business
entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as
dealings with such corporation are concerned. This provision is required by section 946.515(6) of the Florida
Statutes; additional information about PRIDE and the products it offers is available at httn://www.pridefl.com.
3.48 Products Available from the Blind or Other Handicapped: To the extent that a product is included on
the procurement list created and distributed pursuant to section 413.035(2), Florida Statutes, it is expressly
understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be
purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to
Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1)
and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out
the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with
such qualified nonprofit agency are concerned. This provision is required by section 413.036(3) of the Florida
Statutes; additional information about the designated nonprofit agency and the products it offers is available at
http:llwww.respectofflorida.org.
3.49 Modification of Terms: The Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions by Customer under the Contract. The Contract may
only be modified or amended upon mutual written agreement of the Department and the Contractor. No oral
agreements or representations shall be valid or binding upon the Department, a Customer, or the Contractor. No
alteration or modification of the Contract terms, including substitution of product, shall be valid or binding
against the Customer unless authorized by the Department or specified in the notice of award. The Contractor
may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery
(e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms
accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the
Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. A Customer's
acceptance of product or processing of documentation on forms furnished by the Contractor for approval or
payment shall not constitute acceptance of the proposed modification to terms and conditions.
3.50 Waiver: The delay or failure by the Department to exercise or enforce any of its rights under this
Contract shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights,
nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the
exercise of any other right.
28
3.51 Execution in Counterparts: The Contract may be executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
3.52 Severability: If a court deems any provision of the Contract void or unenforceable, that provision shall
be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other
provisions.
29
PRICE SHEET
COMMODITY NO. 650-500-650
PARK AND PLAYGROUND EQUIPMENT
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
American Park & Play, Inc. (F-030383940-001)
Brand Bid: Park Structures 2003/06-01-03 15%
Warranty: See Catalog at website
Contractor's URL: www.americanparkplay.com
*Certified Minority Vendor
Bliss Products (F-592413631-001)
Brand Bid: Little Tikes 2003 12%
Warranty: One year minimum, see catalog for details
Contractor's URL: www.blissproducts.com/floridacontract
Brand Bid: Ramp Tech 2003 5%
Warranty: 6 or 21 yrs. Depending on system, 5 years on surface
Contractor's URL: www.blissproducts.com/floridacontract
Brand Bid: Ultra Play 2003 10%
Warranty: One Year
Contractor's URL: www.blissproducts.com/floridacontract
Brand Bid: Jaypro 2003 5%
Warranty: One Year
Contractor's URL: www.blissproducts.com/floridacontract
Contract Connection (F-650108496-006)
Brand Bid: American Ramp Co. #3 (1-1-03) 2%
Warranty: 20 Year
Contractor's URL: www.contractcon.com
Brand Bid: Sports Play
Warranty: 1 Year
Contractor's URL: www.contractcon.com
#1 (1-1-03)
5%
Gametime (F-391720480-001)
Brand Bid: Gametime 2003 10%
Warranty: See warranty on website
Contractor's URL: www.drpinc.com/flstatecontract
30
Piazza, Inc. (F-593310789-001)
Brand Bid: Henderson Recreational 2003 8%
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
Brand Bid: PlayIand International 2003 10%
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
Plavmore West, Inc. dba
Plavmore Recreational Products & ServicesIF-650984408-001)
Brand Bid: Playworld Systems. Inc. 2003 (5-30-03)
Warranty: See warranty on website
Contractor's URL: www.playmoreonline.com/stateterm.htm
5%
Brand Bid: Huna Designs 2003 (5-9-03) 5%
Warranty: See warranty on website
Contractor's URL: www.playmoreonline.com/stateterm.htm
Brand Bid: Sports Play 2003 (6-17-03) 5%
Warranty: 1 Year
Contractor's URL: www.playmoreonline.com/stateterm.htm
Brand Bid: Trilary Inc. — Madrax Madrax (3-1-02) 5%
Warranty: See Price List on Website
Contractor's URL: www.playmoreonline.com/stateterm.htm
Ren Services, Inc. (F-592978507-001)
Brand Bid: Basics. Inc. Play Sense 010103 2%
Warranty: See warranty on website
Contractor's URL: www.repservices.com/flcontractpending.htm
Brand Bid: Landscape Structures 010103 2%
Warranty: See warranty on website
Contractor's URL: www.repservices.com/flcontractpendinhtm
COMMODITY NO.650-480-800
SURFACING MATERIAL, UNITARY
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
Contract Connection (F-650108496-006)
Brand Bid; Unique Surfacing #4 (1-1-03) 5%
Warranty: 5 Years
Contractor's URL: www.contractcon.com
Gametime (F-391720480-001)
Brand Bid: Gametime 2003 5%
Warranty: See warranty on website
Contractor's URL: www.drpinc.com/flstatecontract
32
COMMODITY NO.650-480-850
SURFACING MATERIAL, LOOSE -FILL
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
Irvine Wood Recoverv1Inc.1F-311357143-001)
Brand Bid: Irvine Wood Recovery #15 (2003) 30%
Warranty: See Contractor's Website
Contractor's URL: www.playgroundturf.com
Gametime (F-391720480-001)
Brand Bid: Gametime 2003 5%
Warranty: See warranty on website
Contractor's URL: www.drpinc.com/flstatecontract
Piazza, Inc. (F-593310789-001)
Brand Bid: Zeager Brothers 2003 8%
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
Rep Services, Inc. (F-592978507-001)
Brand Bid: Garick 2003 (6/16/03) 2%
Warranty: Limited 10 Year Performance Warranty
Contractor's URL: www.repservices.com/flcontractpending.htm
33
COMMODITY NO. 650-500-670
RECYCLED PARK AND PLAYGROUND EQUIPMENT
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
Gametime (F-391720480-001)
Brand Bid: Gametime 2003 10%
Warranty: See warranty on website
Contractor's URL: www.drpinc.com/flstatecontract
Piazza, Inc. (F-593310789-001)
Brand Bid: Playground Environments 2003 5%
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
Brand Bid: Kompan, Inc. 2003 5%
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
Brand Bid: Boldr/Geosculpt
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
34
2003
5%
COMMODITY NO. 650-480-820
RECYCLED SURFACING MATERIAL, UNITARY
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
MFG./SUPPLIER
PRICE LIST
NUMBER & DATE DISCOUNT
American Park & Play, Inc. (F-030383940-001)
Brand Bid: Child Safe Products 2002/01-01-02) 5%
Warranty: 3 to 5 Years against workmanship and material
defects
Contractor's URL: www.americanparkplay.com
*Certified Minority Vendor
Contract Connection (F-650108496-006)
Brand Bid: Carlisle Surfacing Systems #8 (1-1-03) 5%
Warranty: 5 Years
Contractor's URL: www.contractcon.com
Gametime (F-391720480-001)
Brand Bid: Gametime
Warranty: See warranty on website
Contractor's URL: www,drpinc.com/flstatecontract
2003
5%
Piazza, Inc. (F-593310789-001)
Brand Bid: Kompan, Inc. 2003 5%
Warranty: See warranty on website
Contractor's URL: www.piazzainc.com
Brand Bid: Dynacushions
Warranty: See warranty on website
Contractor's URL: wwwpiazzainc.com
2003
5%
Playspace Services, Inc. (F-593136444-001)
Brand Bid: Playspace Rainbow Turf 3,4,5,6,7,8,9,10,11,12,13, 5%
14,15
Warranty: 3 Year Fu11/5 Year Prorated (6/21/03
Contractor's URL:
www.rainbowturfproducts.com/state contract.htm
Playmore West, Inc. dba
Playmore Recreation Products & Service (F-650984408-001)
Brand Bid: Playworld Sys. Cushion Play 3-31-03 5%
Warranty: 5 Years
Contractor's URL: www.playmoreonline.com/stateterm.htm
35
Rep Services. Inc. (F-592978507-001)
Brand Bid: Landscape Structures 010103 2%
Warranty: See warranty on website
Contractor's URL:
www.repseryices.com/flcontractpending.htm
SofSurfaces. Inc. (N-1338 45727-001)
Brand Bid: SofSurfaces SofTILE KrosLock 070103 10%
Warranty: 5 Years
Contractor's URL: www.sofsurfaces.com
36
COMMODITY NO. 650-480-870
RECYCLED SURFACING MATERIAL, LOOSE -FILL
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
MFG./SUPPLIER
American Rubber Technoloeies (F-593148048-001)
Brand Bid: ART's RubberStuff
Warranty: Lifetime Warranty
Contractor's URL: www.americanrubber.com/statecontract
Contract Connection (F-650108496-006)
Brand Bid: Zeager Hardwood
Warranty: 10 Years
Contractor's URL: www.contractcon.com
Brand Bid: Rubberiffic Mulch
Warranty: 1 Year
Contractor's URL: www.contractcon.com
Brand Bid: Groundscape
Warranty: 1 Year
Contractor's URL: www.contractcon.com
Gametime (F-391720480-001)
Brand Bid: Gametime
Warranty: See warranty on website
Contractor's URL: www.drpinc.com/flstatecontract
Playspace Servicest Inc. LF-593136444-001)
Brand Bid: Playspace Rainbow Turf
Warranty: 3 Year Fu1115 Year Prorated
Contractor's URL:
www.rai.nbowturfproducts.com/state contract.htm
Rep Services, Inc. (F-592978507-001)
Brand Bid: Landscape Structures
Warranty: See warranty on website
Contractor's URL: www.repservices.com/flcontractpending.htm
37
PRICE LIST
NUMBER & DATE DISCOUNT
#1 (5/2002)
#9 (1-1-03)
#10 (1-1-03)
#11 (1-1-03)
2003
1, 2 (6/21/03)
010103
15%
5%
5%
5%
5%
5%
2%
COMMODITY NO. 335-880-200
RECYCLED SOIL AMENDMENT
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
American Rubber Technologies (F-593148048-001)
Brand Bid: REBOUND Soil Amendment #2(5/2002) 15%
Warranty: See Website
Contractor's URL: www.americanrubber.com/statecontract
38
COMMODITY NO. 155-800-500
SHADE STRUCTURES
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
Ball Products International (F-592797257-001)
Brand Bid: Ball Products International SZPL 103/01-03 15%
Warranty: 6 yrs. on material workmanship
10 yrs. against uv degradation of material
20 yrs. Structure integrity of the steel
Contractor's URL: www.bpi-international.com
Industrial Shadeuorts USA, Inc. (F-650464835-001)
Brand Bid: Industrial Shadeports 10624 (6/24/03) 15%
Warranty: See Contractor's Catalog and website
Contractor's URL: www.uvshade.com
Sunguard Shade Structures (F-421594175-001)
Brand Bid: Sunguard Shade 062003 (6/02/03) 25%
Warranty: Steel: 20 Years; Fabric: 10 Years
Contractor's URL: www.floridasunshade.com
39
COMMODITY NO. 805-350-100
BLEACHERS, OUTDOOR, GRANDSTAND TYPE
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
Seating Constructors USA, Inc. (F-593731310-001)
Brand Bid: Seating Constructors SU2003/6-20-03 8%
Warranty: One year labor, 5 years parts/material
Contractor's URL:
www.seatingusa.corn/state/f1/65000 101 1 .htm
40
COMMODITY NO. 805-350-200
BLEACHERS, OUTDOOR, ALUMINUM PORTABLE TYPE
NOTE: CLICK ON URL FOR CONTRACTOR'S WEBSITE
PRICE LIST
MFG./SUPPLIER NUMBER & DATE DISCOUNT
Seating Constructors USA, Inc. (F-593731310-001)
Brand Bid: Seating Constructors SU2003/6-20-03 8%
Warranty: One year labor, 5 years parts/material
Contractor's URL:
www.seatingusa.com/state/f1/650001011.htm
41
Ordering Instructions
CONTRACTOR: American Park & Play, Inc.
SPURS VENDOR NUMBER: F-030383940-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Wayne Culbertson
Title: CEO
Street Address: 12356 Wiles Road, Coral Springs, FL 33076
E-mail Address: wayne(a7americanparkplay.com
Phone Number(s): 954-345-8238
Fax Number: 954-345-7322
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Jeff Durgan
Title: Senior Sales Manager
Street Address: 12356 Wiles Road, Coral Springs, FL 33076
E-mail Address: jeff@americanparkplay.com
Phone Number(s): 954-345-8238
Fax Number: 954-345-7322
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 12356 Wiles Road
City, State, Zip: Coral Springs, FL 33076 _
Phone Number: 954-345-8238
Toll Free Number: 800-727-1907
Ordering Fax Number: 954-345-7322
Internet Address: www.americanparkplay.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-030383940
12356 Wiles Road
Coral Springs, FL 33076
42
Ordering Instructions
CONTRACTOR: American Rubber Technologies
SPURS VENDOR NUMBER: F-593148048-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Tiffany Hughes
Title: Vice President
Street Address: 302 N. Lane Avenue, Jacksonville, FL 32254
E-mail Address: tiffany(a,americanrubber.com
Phone Number(s): 904-786-5200/800-741-5201/cell 590-0599/home 888-ART-2002
Fax Number: 904-786-1060
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address,
Street Address or P.O. Box: P.O. Box 6548 (physical address 302 N. Lane Ave.)
City, State, Zip: Jacksonville, FL 32236-6548
Phone Number: 904-786-5200
Toll Free Number: 800-741-5201
Ordering Fax Number: 904-786-1060
Internet Address: www.americanrubber.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-593148048
P.O. Box 6548
Jacksonville, FL 32236-6548
AUTHORIZED SERVICE REP:
Jennifer Campbell
P.O. Box 6548, Jacksonville, FL 32236
(904) 786-5200 Ext 211
43
Ordering Instructions
CONTRACTOR: Ball Products, Inc.
SPURS VENDOR NUMBER: F-592797257-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: George Hampton
Title: Sales Coordinator
Street Address: 510 W. Arizona Avenue, Deland, FL 32720
E-mail Address: george(a,ballproducts.com
Phone Number(s): 800-767-2255
Fax Number: 386-943-4060
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Bonnie Dorough-Fox
Title: Marketing Assistant
Street Address: 510 W. Arizona Avenue, Deland, FL 32720
E-mail Address: bonnie@ballproducts.com
Phone Number(s): 800-767-2255
Fax Number: 386-943-4060
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 510 W. Arizona Avenue
City, State, Zip: Deland, Florida 31720
Phone Number: 386-943-6222
Toll Free Number: 800-767-2255
Ordering Fax Number: 386-943-4060 877-943-4060
Internet Address: www.bpi-international.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-592797257
510 W. Arizona Avenue
Deland, Florida 31720
44
Ordering Instructions
CONTRACTOR: Bliss Products and Services, Inc,
SPURS VENDOR NUMBER: F-592413631-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Gregg Bliss
Title: President
Street Address: 5833 Stewart Pkwv, Suite 101, Douglasville, GA 30135
E-mail Address: gregg@blissproducts.com
Phone Number(s): 770-920-1934
Fax Number: 770-920-1915
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box:
City, State, Zip:
Phone Number:
P.O. Box 6655
Douglasville, GA 30154
770-920-1934
Toll Free Number:
800-248-2547
Ordering Fax Number: 770-920-1915
Internet Address: www.blissproducts.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-592413631
P.O. Box 6655
Douglasville, GA 30154
45
BLISS PRODUCTS AND SERVICES INC.
AUTHORIZED REPRESENTATIVES
Ginny McDougal
2635 Spring Glen Lane
Apopka, FL 32703
407-880-4866
Dewitt Gibbs
14501 Denton Road
Jacksonville, FL 32226
904-751-0830
Kevin Shields
1921 Hastings Lane
Clearwater, FL 33763
727-442-1160
Jim Carruthers
1725 Camelia Lane
Naples, FL 34105
239-248-7023
Ron & Susan Altamura
15896 Mellen Lane
Jupiter, FL 33478
561-745-9444
Ernie Santana
11045 SW 42nd Terrace
Miami, FL 33165
305-796-0396
Jason Dupree
304 E. Wallace Street
Sylvester, GA 31791
229-776-5942
Ordering Instructions
CONTRACTOR: Contract Connection
SPURS VENDOR NUMBER: F-650108496-006
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Todd B. Krohn
Title: President
Street Address: 504 South 2nd Street, Jacksonville Beach, Florida 32250
E-mail Address: contractcl@aol.com
Phone Number(s): 904-249-5353
Fax Number: 904-249-8177
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as Above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 504 South 2nd Street
City, State, Zip: Jacksonville Beach, Florida 32250
Phone Number: 904-249-5353
Toll Free Number: 800-772-8369
Ordering Fax Number:
Internet Address:
904-249-8177
www.contractcon.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-650108496
504 South 2nd Street
Jacksonville Beach, Florida 32250
47
Ordering Instructions
CONTRACTOR: Gametime
SPURS VENDOR NUMBER: F-391720480-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Barry C. Lock
Title: Vice President
Street Address: 175 W. Pine Avenue,Long,_wood, FL 32750
E-mail Address: drp(a)Fgametime.corn
Phone Number(s): 407-331-0101
Fax Number: 407-331-4720
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as Above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 175 W. Pine Avenue
City, State, Zip: Longwood, FL 32750
Phone Number: 407-331-0101
Toll Free Number: 800-432-0162
Ordering Fax Number: 407-331-4720
Internet Address: www.drpinc.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-391720480
P.O. Box 530620
Atlanta. GA 30353-0620
48
GAMETIME
AUTHORIZED SERVICE REPRESENTATIVES
Richard J. Dominica
dickd@gametime.com
Rob Dominica
robdAgametime.com
Barry C. Lock
barryl@gametime.com
Gina Wilson
ginaw@gametime.com
Johna Junkins
johnajPgametime.com
Stacy Kaytes
stacyk@gametime.com
P.O. Box 520700
Longwood, FL 32752-0700
Ordering Instructions
CONTRACTOR: Industrial Shadeports USA, Inc.
SPURS VENDOR NUMBER: F-650464835-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Robert Hamlin
Title: Vice President
Street Address: 1649 SW 1st Way: #B3, Deerfield Beach, FL 33441
E-mail Address: Robert@uvshade.com
Phone Number(s): 954-425-0161
Fax Number: 954-425-0144
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Frances
Title: Office Manager
Street Address: 1649 SW 1st Way, #B3, Deerfield Beach, FL 33441
E-mail Address: frances@uvshade.com
Phone Number(s): 954-425-0161
Fax Number: 954-425-0144
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 1649 SW 1st Way, #B3
City, State, Zip: Deerfield Beach, FL 33441
Phone Number: 954-425-0161
Toll Free Number:
888-294-1613
Ordering Fax Number:
Internet Address:
Federal ID Number:
Remit Address:
City, State, Zip:
AUTHORIZED REP:
954-425-0144
sales@uvshade.com
F-650464835
1649 SW 1st Way, #B3
Deerfield Beach, FL 33441
Sun Shade, Inc.
2620 NE 48th Court, LHP, FL 33064
954-520-2454
50
Ordering Instructions
CONTRACTOR: Irvine Wood Recovery, Inc.
SPURS VENDOR NUMBER: F-311357143-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Les Irvine
Title: President
Street Address: P.O. Box 110, 110 Glendale -Milford Rd, Miamiville, Ohio 45147
E-mail Address: lirvine(a,irvinewoodrecovery.com
Phone Number(s): 513-831-0060
Fax Number: 513-831-3637
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: P.O. Box 110
City, State, Zip: Miamiville, Ohio 45147
Phone Number: 513-831-0060
Toll Free Number: 866-831-8873
Ordering Fax Number: 513-831-3637
Internet Address: www.playgroundturf.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-311357143-001
P. O. Box 110
Miamiville, Ohio 45147
51
Ordering Instructions
CONTRACTOR: Piazza, Inc.
SPURS VENDOR NUMBER: F-593310789-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: M. Mary Piazza
Title: President
Street Address: 890 Four Wheel Lane, Geneva, FL 32732
E-mail Address: maryp@piazzainc.com
Phone Number(s): 407-349-0800
Fax Number: 407-349-5117
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: P.O. Box 1229
City, State, Zip: Geneva, FL 32732
Phone Number: 407-349-0800
Toll Free Number: 800-268-3268
Ordering Fax Number: 407-349-5117
Internet Address: www.piazzainc.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-593310689
P.O. Box 1229
Geneva, FL 32732
52
PIAZZA. INC.
AUTHORIZED SERVICE REPRESENTATIVES
Mary Piazza
maryp@piazzainc.com
April Craven
aprilc(4iazzainc. com
Yvette Conklin
vvetteconklin(a,earthlink.net
PO Box 1229
Geneva, FL 32732
Ordering Instructions
CONTRACTOR: Playmore West, Inc.
SPURS VENDOR NUMBER: F-650984408-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Rvan J. Russell
Title: President
Street Address: 10271 Deer Run Farms Rd., #1, Fort Myers, Florida 33912
E-mail Address: ryanr@playmoreonline.com
Phone Number(s): 239-791-2400
Fax Number: 239-791-2401
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box:
City, State, Zip:
Phone Number:
10271 Deer Run Farms Rd., Suite 1
Fort Myers, Florida 33912
239-791-2400
Toll Free Number: 888-886-3757
Ordering Fax Number: 239-791-2401
Internet Address: www.playmoreonline.com
Federal ID Number: F-650984408
Remit Address: 10271 Deer Run Farms Rd., Suite 1
City, State, Zip: Fort Myers, Florida 33912
54
PLAYMORE WEST, INC.
AUTHORIZED SERVICE REPRESENTATIVES
Jason Gray
440 S.E. 4th Street
Deerfield Beach, Florida 33441
954-650-2712
Eric Hazelton
410 S.E. 6th Street
Cape Coral, Florida 33990
239-340-2712
Terry Perkins
209-B Pringle Circle
Green Cove Springs, Florida 32043
904-669-4670
Ray Rostorfer
5869 Westmont Road
Milton, Florida 32583
850-626-2355
Anne Kennedy -Krieger
2075 Cascades Cove Drive
Orlando, Florida 32820
407-568-8978
Ordering Instructions
CONTRACTOR: Playspace Services, Inc.
SPURS VENDOR NUMBER: F-593136444-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Cally Key
Title: Treasurer, CFO
Street Address: 109 E. 17th Street, St. Cloud, FL 34769
E-mail Address: minkak criaol.com
Phone Number(s): 407-957-9499 Mobile (407) 908-5114
Fax Number: 407-957-9599
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Lazaro Gonzalez
Title: Vice President
Street Address: 109 E. 17th Street, St. Cloud, FL 34769
E-mail Address: trirubber@aol.com
Phone Number(s): 407-957-9499 Mobile (407-908-5234
Fax Number: 407-957-9599
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 109 E. 17th Street
City, State, Zip: St. Cloud, FL 34769
Phone Number: 407-957-9499
Toll Free Number: 888-653-7529
Ordering Fax Number:
Internet Address:
Federal ID Number:
Remit Address:
407-957-9599
www.rainbowturfproducts. com
F-593136444
109 E. 17th Street
City, State, Zip:
St. Cloud, FL 34769
AUTHORIZED REP:
Rep Services
902 Waterway Place, Longwood, FL 32750
407-831-9658
56
Ordering Instructions
CONTRACTOR: Rep Services, Inc.
SPURS VENDOR NUMBER: F-592978507-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Todd Clark
Title: Operations Manager
Street Address: 902 Waterway Place, Longwood, FL 32750
E-mail Address: tclark@repservices.com
Phone Number(s): 407-831-9658 Ext. 244
Fax Number: 407-834-5366
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box:
City, State, Zip:
Phone Number:
902 Waterway Place
Longwood, FL 32750
407-831-9658
Toll Free Number: 800-992-5357
Ordering Fax Number: 407-834-5366
Internet Address: www.repservices.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-592978507
902 Waterway Place
Longwood, FL 32750
57
REP SERVICES. INC.
AUTHORIZED SERVICE REPRESENTATIVES
Rep Services, Inc.
902 Waterway Place
Longwood, Florida 32750
407-831-9658
Landscape Structures, Inc.
601 7th Street South
Delano, MN 55328-0198
800-328-0035
Basics, Inc.
P.O. Box M
Delano, MN 55328-0198
763-972-2153
Ordering Instructions
CONTRACTOR: Seating Constructors USA, Inc.
SPURS VENDOR NUMBER: F-593731310-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Phil Vanderhider
Title: President
Street Address: 12315 62n1 Street North, Unit D, Largo, FL 33773
E-mail Address: philseatingusa.com
Phone Number(s): 727-539-1017
Fax Number: 727-539-1067
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box: 12315 62nd Street North, Unit D
City, State, Zip: Largo, Florida 33773
Phone Number: 727-539-1017
Toll Free Number: 877-589-5226
Ordering Fax Number: 727-539-1067
Internet Address: www.seatingusa.com
Federal ID Number: F-593731310
Remit Address: 12315 62nd Street North, Unit D
City, State, Zip: Largo, Florida 33773
59
Ordering Instructions
CONTRACTOR: SofSurfaces, Inc.
SPURS VENDOR NUMBER: N-133845727-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Brad Goss
Title: Inside Sales Consultant
Street Address: 4393 Discovery Line, Petrolia, ON NON IRO, Canada
E-mail Address: gossb@sofsurfaces.com
Phone Number(s): 519-882-8799
Fax Number: 519-882-2697
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Brad Goss
Title: Inside Sales Consultant
Street Address: 4393 Discovery Line, Petrolia, ON NON IRO, Canada
E-mail Address: gossb(a,sofsurfaces.com
Phone Number(s): 519-882-8799
Fax Number: 519-882-2697
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box:
City, State, Zip:
Phone Number:
4393 Discovery Line
Petrolia, ON, NON IRO Canada
519-882-8799
Toll Free Number: 800-263-2363
Ordering Fax Number: 519-882-2697
Internet Address: www.sofsurfaces.com
Federal ID Number:
Remit Address:
City, State, Zip:
N-763787322-001
4393 Discovery Line
Petrolia1ON, NON IRO Canada
60
SOFSURFACES, INC.
AUTHORIZED SERVICE REPRESENTATIVES
Bliss Products & Services
5833 Stewart Parkway, Suite 101
Douglasville, GA 30135
707-920-9944
Playmore Recreational Products & Services
10271 Deer Run Farms Road, Suite 1
Fort Myers, Florida 33912
954-566-4754
Rep Services, Inc.
305 Allison Avenue
Longwood, Florida 32750-6306
407-831-9658
Contract Connection
2851 Polk Street
Hollywood, Florida 33021
904-249-5353
Ordering Instructions
CONTRACTOR: Sunguard Shade Structures Corporation
SPURS VENDOR NUMBER: F-421594175-001
Proposal/Contract Administration
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name: Linda L. McNamara
Title: Marketing Director
Street Address: 4487-B Ashton Road, Sarasota, Florida 34233
E-mail Address: marketing@sunguard.net
Phone Number(s): 941-925-3000 Cell 941-544-4776
Fax Number: 941-925-3001
If the person responsible for answering questions about the proposal is different from the person identified above,
please provide the same information for that person.
Name: Same as above
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where Customers should direct orders. You must provide a regular
mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet address.
Street Address or P.O. Box:
City, State, Zip:
Phone Number:
4487-B Ashton Road
Sarasota, Florida 34233
941-925-3000
Toll Free Number: 800-319-1010
Ordering Fax Number: 941-925-3001
Internet Address: www.floridasunshade.com
Federal ID Number:
Remit Address:
City, State, Zip:
F-421594175
4487-B Ashton Road
Sarasota, Florida 34233
62
CONTRACT
This Contract, effective the last date signed below, is by and between the State of Florida, Department of
Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way,
Tallahassee, Florida 32399-0950, and the entities identified below as Contractor (individually, "Contractor")
(the Contract is executed in counterparts; see attached sheets to identify all Contractors).
The Contractor responded to the Department's Invitation for Bid No. 38-650-001-L, Park and
Playground Equipment, Surfacing, Soil Amendment, Outdoor Bleachers and Shade Structures. The Department
has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and
conditions of the solicitation. The specific products awarded to Contractor, and the maximum rates Contractor
may charge Customers, are identified on the attached Exhibit 1.
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the
Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by
section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract is from the last date signed below
to July 18, 2004. The Contract consists of the following documents, which, in case of conflict, shall have
priority in the order listed, and which are hereby incorporated as if fully set forth:
• Any written amendments to the Contract
• This document, including Exhibit 1
• Technical Specifications
• Instructions to Bidders
• General Conditions
• Any purchase order under the Contract
• Contractor's bid
State of Florida,
Department of Management Services
By: William S. Simon, Secretary
Date
Contractor Name: (Seal)
Street Address or P.O. Box:
City, State, Zip:
By:
Its:
Date
Approved as to form and legality
by the Department General Counsel's Office:
63
Date