BID NO. 347 PAINTING CONTRACTOR - PDF

Document Sample
BID NO. 347 PAINTING CONTRACTOR - PDF Powered By Docstoc
					      BID NO. 347
PAINTING CONTRACTOR
               UPPER KEYS




      Monroe County School District

          Steven Pribramsky, District 1
       Andy Griffiths, District 2, Chairman
R. Duncan Mathewson, III, District 3, Vice-Chairman
            Debra Walker, District 5

          Randy Acevedo, Superintendent

                   APRIL 13, 2007




                         1
                                               INVITATION TO BID
                                                   BID NO. 347

NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on Wednesday, June 13, 2007 at 2:00 P.M.
the School Board of Monroe County (the “School District” or “School Board”) will open sealed bids for the
following:

                                             PAINTING CONTRACTOR
                                                  UPPER KEYS

Specifications and bid documents may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by
going to the website www.demandstar.com. The public record document is available at the Purchasing
Department, 241 Trumbo Road, 2nd Floor, Key West, FL 33040.

Questions regarding the bid should be directed to Jeff Barrow, Assistant Director, Upper Keys Maintenance,
Telephone No. 305-797-2997.

All bids must be received by the Purchasing Department on or before June 13, 2007 at 2:00 P.M. No waivers shall
be allowed for Bids which have not been submitted to the Purchasing Department by the deadline date.

Bids must submit one (2) signed copies in a sealed envelope clearly marked on the outside: Bid NO. 347, Painting
Contractor addressed and delivered to:

                                              Purchasing Department
                                                241 Trumbo Road
                                               Key West, FL 33040

House Bill 1877, The Jessica Lunsford Act, was effective September 1, 2005. All school district contractual
personnel must meet the same Level II screening requirements imposed upon District employees. A Level 2
background check includes submission of digital fingerprints to the FDLE and FBI for background checks and
local criminal records check through local law enforcement agencies. The School District has implemented
procedures for complying with the Act. Please contact the District Personnel Office at (305) 293-1400, ext. 327 for
procedures for complying with the new law. The contractor is responsible for any expenses incurred.

All Bids must remain valid for a period of ninety (90) days. The School Board will automatically reject the
response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General
Services, State of Florida, under Section 287.133(3) (d), F.S. (1997).

Award will be by the District School Board of Monroe County to the bids(s) whose bid is deemed by the board to be
in the best interest of Monroe County.

Dated at Key West, Florida, this 30TH day of April, 2007.


                                              District School Board of Monroe County
                                              Purchasing Department




                                                            2
                               DISTRICT SCHOOL BOARD MONROE COUNTY
                                             BID FORM

OPENING OF                                    BID NO.                  PERIOD OF
BID:          JUNE 13, 2007                     347                    BID: 06/01/07 – 05/31/08
____________________________________________________________________________________________
RETURN TWO COPIES OF THE BID
FORM, EXECUTED AS YOU BID.                               __________________________________________
NO OTHER BID FORM WILL BE                                NAME OF COMPANY
ACCEPTED.
PLEASE BE SURE THAT THE NAME OF                          __________________________________________
YOUR COMPANY APPEARS ON EACH                             ADDRESS OF COMPANY
PAGE OF THIS BID FORM.                                   __________________________________________
                                                         PRINT NAME OF AUTHORIZED SIGNATURE
USE TYPEWRITER OR PRINT PLAINLY.                         __________________________________________
IF SIGNED BY AN AGENT OF NAMED                           AUTHORIZED SIGNATURE
COMPANY, WRITTEN EVIDENCE FROM                           __________________________________________
THE OWNER OF RECORDOF HIS/HER                            TELEPHONE NO.
AUTHORITY MUST ACCOMPANY THIS                            __________________________________________
PROOSAL.                                                 FAX NO.

____________________________________________________________________________________________
ITEM
NO.    ITEM/SPECIFICATION                                                             TOTAL
____________________________________________________________________________________________

       The work to be done by the
       painting contractor shall include
       the furnishing of all materials, labor,
       tools, and equipment required to
       complete the painting of the buildings
       as specified. The submission of the
       bid by this painting contractor confirms
       and understanding of all conditions
       as specified in the general conditions
       attached.

       Bidders may bid on any of the following
       areas. The bid committee reserves the
       right to award to a single bidder, one,
       two or three areas. If awarded more than
       one area the contractor must be capable
       of manning and managing all areas with
       staff simultaneously.




                                                    3
___________________________________________________________________________________________________________
ITEM
NO.    ITEM/SPECIFICATION                                Unit price            Bid Model
       Extended
                                                  $/Ft. or Sq.Ft.                           Total
                                                  Quantity



1.     Upper Keys – Coral Shores, Plantation,
       Key Largo Schools or other Upper Keys
       Facilities.

       A. Exterior surfaces to be painted:

       a. Wooden surfaces per square foot        $__________           100 Sq. Ft.          $__________

       b. Wood trim per linear foot              $__________           100 Linear Ft.       $__________

       c. Masonry surfaces per square foot       $__________            5,000 Sq. Ft.       $__________
          Primer and two finish coats
       d. Single finish coat only                $__________            5,000 Sq. Ft.       $__________
          Same color touch up coat
       e. Metal surfaces per square foot         $__________           2,000 Sq. Ft.        $__________

       f. Non-ferrous metal per linear foot      $__________            100 Linear Ft.      $__________

       g. Wood/Metal Doors –                     $__________            25 Each             $__________

          (Includes 1 side, 4 edges,
          jamb and trim of a 3/0x6/8
          door on ext. side)
       h. Concrete Floor per square foot         $__________           1000 Sq.Ft.          $__________

       i. Stucco or masonry repair per square $__________                500Sq.Ft.          $__________
       foot
       j. Interior/Exterior concrete/stucco     $__________              50 Sq. Ft.         $__________
       spalling repair including labor and
       materials to prep and finish cementeous
       repair materials must be supplied by STO
       manufacturer or equal. Per sq. ft.




                                                     4
___________________________________________________________________________________________________________
ITEM
NO.    ITEM/SPECIFICATION                                Unit price            Bid Model
       Extended
                                                       $/Ft. or Sq.Ft.                          Total
                                                       Quantity

       B. Interior surfaces to be painted:

       a. Wooden surfaces                              $__________              200 Sq. Ft.     $__________

       b. Wood trim                                    $__________             200 Linear Ft.   $__________

       c. Masonry surfaces                             $__________             10,000 Sq. Ft.   $__________

       d. Single finish coat only                      $__________             5,000 Sq. Ft.    $__________
          Same color touch up coat
       e. Non-ferrous metal                            $__________             200 Linear Ft.   $__________

       f. Wood/Metal Doors –                           $__________                  25 Each     $__________
          (Includes 1 side, 4 edges,
           jamb and trim of a 3/0x6/8
          door on ext. side)

                                                                         GRAND TOTAL UPPER KEYS $__________

       Any further information needed contact
       Jeff Barrow, Assistance Director of Facilities,
       Upper Keys Maintenance, 305-797-2997.




** This bid must be accompanied by a completed contract***




                                                             5
                                           Painting and Finishes
Part 1- General Conditions
1.1    Summary
       A.    The work to be done by the painting contractor shall include the furnishing of all materials,
             labor, tools and equipment required to complete the painting of the buildings as specified.
             The contractor that performs this work shall be fully responsible for having his equipment
             comply with current OSHA regulations, and to have available all Material Safety Data
             Sheets that pertain to the products used. The submission of the bid by this painting
             contractor confirms an understanding of all conditions pertaining to this work and the
             proper application of the materials specified.

              The paint contractor must submit a completion date. Consideration for weather and other
              unforeseen problems must be detailed in writing prior to beginning any work.

       B.     The painting contractor shall be wholly responsible for the quality of his work, and is not to
              commence any part of it until the surface is in the proper condition. This surface
              preparation could require chemical stripping of oil based paint in lieu of using a compatible
              oil based paint.

              If the painting contractor considers any surface unsuitable for proper finishing, he is to
              notify the owner of this fact in writing. He is not to apply any materials until corrective
              measures have been taken, or the owner has instructed him to proceed in writing.

              Under no circumstances shall latex paint be applied over the top of oil based paint
              regardless of priming.

              All surfaces are to be clean, to remove loose paint, dirt, grease, chalking and other
              deleterious materials from the surface to be painted. If for any reason the surface cannot
              be cleaned, this condition shall be promptly reported to the owner in writing.

              Due to the existing condition of the current substrate, the paint contractor must try to
              remove as much of the existing deteriorating coating as possible by pressure washing with a
              rotating nozzle. If the paint contractor fails to properly prepare the surface it will be his
              responsibility to come back and make repairs to any area that peels up due to previous
              coatings delaminating. These repairs will be made at his expense.

              Rout and caulk cracks and holes in substrate using the proper sealant and caulks as per
              recommended by the manufacture. All joints and cracks including, but not limited to
              baseboards, door frames, jambs, window frames, trim works, and etc. shall be caulked.
              Repair all minor flaws in substrate prior to applying any coatings. If the defects are
              considered by the paint contractor to exceed the scope of this bid, the owner shall be
              notified in writing and a response shall be given in writing prior to the contractor
              proceeding with the application of the materials.




                                                     6
            Treat minor hairline cracks using manufacture’s buttering grade sealant material applied
            in 1/16"”thickness over cracks and troweled flush with substrate or feathered at a distance
            of 2"”either side of crack.

            The prime coat shall be applied as soon as possible after the surface preparation has been
            completed and prior to the application of the finish materials.

      C.    All surfaces are required to be prepared per manufactures recommendations, primed and
            have two finish coats applied whether located in the interior or exterior of the buildings.
            Each of the three coats shall vary in color slightly, so as to be able to distinguish the number
            of applications applied.

      D.    Make edges of coatings adjoining other materials clean and sharp without overlapping.

      E.    All elastomeric products shall be applied in a manner to achieve manufactures
            recommended pinhole-free, void-free minimum 10-mil dry film thickness.

      F.    The paint Contractor must include a price per square foot for all repairs as needed to all
            spalling concrete, stucco and all other stucco in need of repairs.

1.2   Workmanship

      A.    All material shall be applied free from runs, sags, wrinkles, streaks, shiners, pin holes,
            brush and roller marks. If applying by brush, roller or spray method, proper preparation
            shall be made to confine and contain the overspray, splatter and drips and is the sole
            responsibility of the paint contractor. If overspray, splatter or drips occur it shall be the
            paint contractor’s responsibility to clean.

            All material shall be applied uniformly. If any reduction of the coatings viscosity is
            necessary, it shall be done in accordance with the manufacture’s label directions.

      B.    Any work not conforming to the specifications or does not meet with the approval of the
            owner, shall be removed or corrected and/or repainted as approved by the owner.

1.3   Delivery, Storage and Handling

      A.    Delivery

            1.     Deliver materials to the job site ready-mixed in the original containers with labels
                   intact.
            2.     Provide labels bearing manufacture’s name, coating type, color, and recommended
                   installation procedures.




                                                   7
Storage and handling

             1.      Store materials in an area acceptable to owner
             2.      Maintain neat, clean condition in storage area; remove rags and waste materials at
                    the end of each day.
             3.     Store in a cool dry place out of weather maintained between 40 degree F. and 90
                    degree F.

1.4   Job Conditions

      A.     Environmental requirements:

             1.     Comply with manufacture’s recommendations for environmental conditions under
                    which materials may be applied and cured.
             2.     Apply no materials when subject to windblown dust or rain
             3.     Apply no materials on wet surfaces or where temperatures of substrate would result
                    in excessive, rapid drying causing streaks or discoloration.
             4.     Color and texture: As selected by Owner from manufacturer’s special color
                    selections.

1.5   Job Mock-Up

      A.     Prepare a minimum 100 sq. ft. mock-up of selected color and material in area directed for
             review.
             Mock-up will be reviewed for color, texture, uniformity, appearance, and workmanship. If
             mock-up is not satisfactory, prepare additional mock-up until approval is obtained.
      B.     Approved, undamaged mock-up shall remain as part of the finished work and shall serve as
             a standard of quality for the remainder of the work.

1.6   Warranties

      A.     Installer’s warranty: Furnish a five-year warranty, executed by applicator. Warranty shall
             provide for prompt repair or replacement of defective workmanship during the warranty
             period.

      B.     Manufacture’s warranty: Furnish a five-year non-pro-rated, warranty, executed by the
             Material manufacturer. Warranty shall provide for prompt repairs or replacement of
             defective materials during the warranty period. Warranty shall include repairs of minor
             hairline cracking of substrate materials, peeling, blistering and crazing.




                                                   8
1.7   Products

      A.    Acceptable products for exterior masonry

            1.    VIP Enterprises, Last-O-Coat 8000 Series
            2.    Thoro Division of Harris Specialty Chemical, Inc., Thorolastic
            3.    Sto, Flexible Coating
            4.    Sonneborn Building Products, Hydrocide Colorflex
            5.    Porter Paints, Porter-flex 6000 Series
            6.    Benjamin Moore Paints, Moorlastic Acylic Elastomeric –Low Lustre 055
            7.    Sun Coating Inc., E-Last-Meric
            8.    Sherwin Williams, LOXON system used with LOXON primer

      B.    Acceptable products for exterior/ interior wood and interior masonry

            1.    Benjamin Moore Paints, MoorGlo Latex House and Trim Paint (096)
            2.    Sherwin Williams, Super Paint A-100 Gloss Latex
            3.    PPG, Sunproof Latex House and Trim Paint 78 series
            4.    Devoe, Regency Gloss House and Trim Paint 18 series
            5.    Pratt and Lambert, Aqua Royal House and Trim Paint

      C.    Acceptable products for interior and exterior metals

            1.    Benjamin Moore Paints, Impervex Latex High Gloss (309)
            2.    Sherwin Williams, Metalatex B42W10
            3.    PPG, PPG 536 Latex Gloss Enamel
            4.    Devoe, Profclad Water Base Enamel 426
            5.    Pratt and Lambert, Effecto Latex Gloss Enamel

      D.    Acceptable product for interior and exterior primers except wood and metal doors

            1.    Benjamin Moore Paints, Fresh Start All purpose Latex Primer (023)
            2.    Sherwin Williams, Pro-Mar Latex Wall Primer
            3.    PPG, Speedhide Latex Wall Sealer
            4.    Devoe, Wondertones, Latex Sealer
            5.    Pratt and Lambert, equal to #1
      E.    Acceptable product for interior and exterior primer for wood doors

            1.    Zinsser Cover Stain or equal

      E.    Acceptable product for chalkboard paint ( no primer required, two finish coats)

            1.    Absolute Paints



                                                 9
      F.   Acceptable product for varnishing:

           1.    Minwax Co., semi-gloss polyurethane

      H.   Acceptable product for floor paint:

           1.    Benjamin Moore Paints, Latex floor and patio 122.


1.8 Note

      A.   All returned bids package must have attached product cut sheets which depict the paint
           manufacture, product type, product specifications (which shall include preparation and
           application requirements), and color wheel for each type paint being bid.




                                                 10
                                        BID CONDITIONS
                                           BID NO. 347
                                     PAINTING CONTRACTOR

1.   The Monroe County School System reserves the right, at its sole discretion, to accept or reject any
     and all bids and to waive informalities or irregularities when it is in the best interest of the Board
     to do so.

2.   The Board reserves the right to award the bid on a line item basis or all or none basis.

3.   Prices quoted shall remain firm for a period of not less than 90 days after bid opening.

4.   Bids and contracts shall be prepared on bid forms provided by the Board. One copy of the Bid and
     contract signed by the bidder or his designated representative will be submitted in a sealed
     envelope marked on the outside as follows with address label provided by the Board:
                                           SEALED BIDS

                          SUBJECT:                      PAINTING CONTRACTOR
                          BID NO.:                      347
                          OPENING DATE:                 JUNE 13, 2007
                          TIME:                         2:00 P.M.

5.   Bids received after above date and time will be returned to sender unopened.

6.   Prices quoted shall be F.O.B. school sites.

7.   The bid will be awarded on the basis of the lowest and best bid from the most responsive and
     responsible bidder, which meets specifications. Consideration is given to the specific quality of the
     product, conformity to the specifications, suitability to school needs, delivery terms, service and
     past performance of the vendor. A responsive bidder is defined as a person or firm, which has
     submitted a bid/proposal, which conforms in all material respects to the invitation to bid or
     request for proposal. A responsible or qualified bidder means a person or firm with the capability,
     in all respects, to perform fully the contract requirements and the integrity and reliability to
     assure good faith performance. Failure to provide information to determine responsibility in
     response to a condition of a bid/proposal requiring information may be cause for such
     bid/proposal to be rejected.

8.   Bid Withdrawal – A bidder may withdraw a bid before the designated time for opening bids by
     submitting a written request to the Director of Purchasing and identifying the reason (s) for the
     desired bid withdrawal. A bidder shall not be permitted to withdraw a bid for any reason after the
     designated time for opening bids without School Board approval.

9.   Renewal Option: This contract may be renewed for a period that may not exceed three (3) years
     or the term set forth above whichever period is longer. The compensation for the renewal term,
     pursuant to the bid submitted by Contractor, is {Insert Compensation and schedule if provided}.
     Renewal of this Contract is contingent upon a determination by the MCSB that the services have
     been satisfaction performed and upon availability of funds.
                                                   11
10.      Any person who is adversely affected by the District’s decision or intended decision concerning a
         bid solicitation or a contract award shall file with Superintendent a written notice of protest within
         seventy-two (72) hours after receipt of notice of the decision or intended decision. Saturdays,
         Sundays and legal holidays shall be excluded in the computation of the 72-hour time periods. The
         formal written protest shall be submitted by the person within ten (10) days after filing the notice
         of protest. Failure to file a formal written protest shall constitute a waiver of proceedings under
         Chapter 120, Florida Statutes. A protest is officially filed when it is received in this Purchasing
         Department. The formal written protest shall contain the following: (a) name, address, and file or
         identification number, if known, of the affected agency. (b) Name and address of the affected
         party (c) a state of the ultimate facts upon which the protest is based: and, (d) such other
         information as deemed relevant the issue.

         NOTICE TO BIDDERS: Failure to file a protest within the time and manner prescribed in the
         School Board rule entitled “Resolution of Protests From Contract Bidding Process” (File: DJE)
         shall constitute a waiver of any further right to protest such bid award.

      1) Twenty-five thousand dollars or 2 percent of the lowest accepted bid, whichever is greater, for
         projects valued over $500,000; and

      2) Five percent of the lowest accepted bid for all other projects, conditioned upon payment of all costs
         and fees, which may be adjudged against the protestor in the administrative hearing. If at the
         hearing the School Board prevails, it shall recover all costs and attorney’s fees from the protestor;
         if the protestor prevails, the protestor shall recover from the School Board all costs and attorney’s
         fees.


11.      Persons convicted of a crime of moral turpitude; any felony; or any offense related to child abuse
         or child dependency shall not be used by contractor in performing services or providing products
         pursuant to a bid award or a contract executed pursuant to a bid award. Such persons shall not be
         permitted upon school premises or property owned by, or under the control of the School Board.


12.      If this project will require the use of toxic substances, the contractor must notify the
         Superintendent in writing at least three (3) working days prior to using the toxic substance in the
         construction, repair or maintenance of educational facilities. The notification is to contain the
         name of the substance, where and when the substance is to be used, and the material safety data
         sheet for the substance. The Superintendent will take all reasonable actions on the material safety
         data sheets for the toxic substances used.

13.      Discounts allowed for prompt payment shall be listed separately.

14.      Successful contractor must submit certificate of insurance in accordance with insurance
         requirements contained herein.

15.      Successful bidder must be fully qualified and have required license/s to provide the specified
         services in Monroe County.

                                                       12
16.   Oral, telephone or telegraphic bids are invalid and will not receive consideration.

17.   A person or affiliate who has been placed on the convicted vendor list following a conviction for a
      public entity crime 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 the public entity, may not be
      awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
      with any public entity, and may not transact business with any public entity in excess of the
      threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
      from the date if being placed on the convicted vendor list.

18.   Civil Rights Compliance -The Contractor certifies it is in compliance with the Office for Civil
      Rights requirements with respect to nondiscrimination on matters related to race, sex, handicap or
      age, and the contractor further agrees that it shall not discharge; fail or refuse to hire; limit,
      segregate, or classify employees or applicants for employment opportunities or adversely affect
      any individual’s status as an employee; or otherwise to discriminate against any individual with
      respect to compensation, terms conditions or privileges of employment, because of such
      individual’s race, color, religion, sex, national origin, age, handicap or marital status except as may
      otherwise be provided by law or as a result of a bona fide occupational qualification reasonably
      necessary for the performance of the particular employment.

19.   Federal Law Compliance – The Contractor certifies it is in compliance with applicable provisions
      of the Civil Rights Act of 1964; Title IX of the Education Amendments Act of 1974; Section 504 of
      the Rehabilitation Act 1973; The Individuals with Disabilities Education Act; and the Immigration
      Reform Act of 1986, all as may be amended from time to time.

20.   Compliance with State Law and Regulations – The Contractor will comply with and abide by the
      requirements of Florida School Code and the Florida Administrative Code, as applicable and
      appropriate, in regards to the provision of Services; generating, maintaining, and submission of all
      reports and records; and compliance with professional licensing requirements of staff members.


21.   Award of Identical Tie Bids -Whenever identical bids are received, that is tied in all respects, and
      preference shall be given to the bid certifying a drug-free workplace has been implemented in
      accordance with Section 287.087, F.S. In order to receive preference, a signed certification of
      compliance must be submitted with a bid response. Preference will be given to a Florida resident
      vendor over an out of state vendor if both have certified a drug-free workplace. If all vendors are
      Florida residents, a Monroe County vendor with a drug-free workplace will receive preference. If
      all bids or no bids include certificate of compliance, the tie will be broken by a flip in the presence
      of witness.




                                                     13
                                         Statement of No Bid
NOTE: If you do not intend to bid on this requirement/project, please return this form immediately.
Thank you.

School Board of Monroe County, Florida


We, the undersigned have declined to submit a bid for No. _______

       Specifications too “tight”, i.e. geared toward one brand/manufacturer/service only (explain below)
       Unable to meet time period for responding to ITB/RFP.
       We do not offer this product or service.
       Our schedule would not permit us to perform.
       Unable to meet specifications.
       Unable to meet Bond/Insurance requirement(s).
       Specifications unclear (explain below).
       Unable to Meet Insurance Requirements.
       Please Remove Us from Your “Bidders List”.
       Other (specify below).

REMARKS: ____________________________________________________________

________________________________________________________________________

________________________________________________________________________
________________________________________________________________________

________________________________________________________________________


We understand that if the “No Bid” letter is not executed and returned our name may be deleted from the
Bidders List of the School Board of Monroe County.

Company Name: _________________________                         Email: ________________________

Bidder Number:     _________________________                    Date:      ________________________

Signature:       _________________________                      Fax:    ________________________

Telephone:       _________________________




                                                    14
GENERAL CONDITIONS

SITE CONDITIONS

   Site access will be limited to required company vehicles and delivery vehicles only. Parking for
   construction personnel shall be coordinated with the office administration or with the construction
   manager. Contractor parking shall not interfere with school bus traffic or normal staff or student
   parking. Violators will be towed at the owner’s expense. Protection of wetlands, existing landscaping,
   and athletic fields is a top priority. No vehicles of work shall be conducted in areas where these lands
   will be damaged. The contractor shall be responsible for damage caused by their operations.


   A representative from the maintenance department will be designated as the project coordinator. The
   contractor shall coordinate with this representative for building access, use of utilities, temporary
   storage areas, heavy equipment operation, and any work that may disrupt the normal school day
   operations. The contractor may be asked to schedule disruptive work for after school hours.
   Although storage may be provided by the owner, the owner shall not be held responsible for damage,
   loss, or vandalism to tools, materials, or equipment stored at the school.

   Any damage caused to the existing buildings or equipment by work performed under this contract
   shall be repaired to the owner’s satisfaction at the contractor’s expense.

   A list of all employees working on the school campus shall be turned into the office manager before
   project work begins. This list is to be updated as required by changes.

   All work conducted shall be supervised by a pre-appointed job foreman or project manager
   authorized to make critical decisions concerning the project. Safety and quality of workmanship shall
   be the responsibility of this individual. Foreman must be capable of supervision the labor force
   provided by the contractor. The owner will communicate with the Foreman the expectations and time
   constraints of each project. The Foreman shall direct the Laborers in the execution of the work.
   Repeated unsatisfactory job performance will be considered justification for cancellation of the
   contract. The Foreman is to remain on the jobsite supervising at all times work is being conducted by
   the labor crew.

   Toilet facilities for use by the contractor shall be coordinated through the construction manager or the
   maintenance department. Contractor personnel are under no circumstances to use the student public
   restrooms.

Bidding Conditions
   This project may involve work on existing buildings. It is the responsibility of the contractor to review
   the existing building conditions and factor them into their pricing. Scheduling of site visits is the
   responsibility of the contractor and can be arrange by contacting the office of the school where the
   work is to be performed. Site visits should be scheduled for after the normal school day. A school
   custodian can be appointed to assist in showing the school and providing access to the buildings.


                                                    15
Administrative

   If this project is part of a larger project, it is mandatory that the contractor participate in project
   meetings like safety and coordination meetings deemed appropriate by the owner or construction
   manager.

   Before work begins the contractor shall submit a work schedule time line and a schedule of values to
      the owner for approval and coordination. This time line shall clearly indicate milestone dates and
      dates critical to job completion. This time line may very simple for a small project; however, a
      large project will require a well-laid plan approved by the owner.

   It is the responsibility of the contractor to seek the owner’s approval on work prior to covering it up.
   Defective or inadequate work performed by the contractor that is covered up and has to be uncovered
   is at the contractor’s expense. The owner will require 48-hour advance notice on desired inspections.

   Progress payment request should be submitted weekly. The maintenance project coordinator shall
   review these requests and if appropriate, authorize payment. Problems with the request will be
   review with the contractor. Final payment will be held until job completion. Prior to requesting final
   payment the contractor shall provide warranty information, as-built documents, owner’s manuals,
   and satisfactory evidence that all punch list items are completed.

COORDINATION

      1. Project working hours are to be coordinated with the project manager. The project cannot
         disturb the any planned school activities. The office will make every attempt to move children
         out of the rooms on which work is being performed. It is the responsibility of the contractor to
         coordinate his schedule with the office.

      2. All lifting work shall be coordinated in such a manner that children are not in the building. A
         safe
         work site shall be maintained by marking off the area where the lift is to be made, or the lifts
         are to be made when the children are not in school.

      3. Payment shall be made only for work in place or materials stored at the job site. Bills must be
         received by the 1st of the month to ensure payment within 30 days. The owner may adjust
         billed amounts if an over billing situation occurs. The owner will withhold a 10% retainage
         until the project is 100% complete.




                                                      16
III   QUALIFICATIONS

      A. The contractor must be licensed to work in Monroe County. Submit documentation of this
      with response.

      B. Insurance as listed in this specification. Provide a signed contract with bid response.

      C. Forman must be capable of supervision the labor force provided by the contractor. The owner
      will communicate with the Foreman the expectations and time constraints of each project. The
      Foreman shall direct the Laborers in the execution of the work. Repeated unsatisfactory job
      performance will be considered justification for cancellation of the contract. The Foreman is to
      remain on the jobsite supervising at all times work is being conducted by the labor crew.




                                                   17
                                         CONTRACTOR RULES

       The following is a list of rules that contractors and their personnel must abide by while working on
    Monroe County School projects. Failure to abide by these rules will result in the violators being
    removed from the job site. All costs resulting from this will be the responsibility of the contractor.
    Please sign these rules and agree to follow them.

•   Casual communications by construction personnel with students, staff, or faculty is prohibited.

•   Convicted felons and employees with a past history of child abuse or molestation shall not be used on
    Monroe County School projects.

•   The schools are “Drug Free Zones,” use or possession of illegal substances and alcohol in any form are
    prohibited.

•   The schools are “Tobacco Free,” no tobacco use is permitted on the school campus, in parking lots, or
    inside school restrooms.

•   Vulgar language or gestures discernible to students or school staff is prohibited.

•   Fighting or physically abusive actions of a similar nature are prohibited.

•   Appropriate and modest attire is required while working on school campus. Revealing clothing will
    not be permitted.

•   Clean up of work area is required on a daily basis. Hazardous materials shall not be put in school
    trash receptacles.

•   Work that may be disruptive to the school shall be scheduled with the school administration or done
    after normal school hours.

•   Pets are not allowed on campus.


              _________________________________                     ___________________
              Signature                                             Date

              __________________________________
              Federal Identification #

              _____________________________
              Printed Name




                                                     18
                                        Debarment Certification

The Bidder certifies that, neither the firm nor any person associated therewith in the capacity of owner,
partner, director, officer, principal, investigator, project director, manager, auditor, and/or position
involving the administration of federal funds:

(a) Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency;


(b) Has within a three-year period preceding this certification been convicted of or had a civil judgment
rendered against it 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;

(c) Is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local
Governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this
certification; and

(d) Has within a three-year period preceding this certification had one or more federal, state, or local
government public transactions terminated for cause or default.

The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor,
material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this project by any federal agency.


              Dated this                day of                                , 20      .


              By _______________________________________________________________
                 Authorized Signature/Contractor

                  _______________________________________________________________
                  Typed Name/Title

                  _______________________________________________________________
                  Contractor's Firm Name

                  _______________________________________________________________
                  Street Address

                  _______________________________________________________________
                  City/State/Zip Code

                  _______________________________________________________________
                  Area Code/Telephone Number


                                                      19
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids, which are equal with respect to price, quality, and service, are received by
the State or by any political subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie bids will be followed if
none of the tie vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:

1.      Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violation of such prohibition.

2.     Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3.     Give each employee engaged in providing the commodities or contractual services        that are under
bid a copy of the statement specified in subsection (1).

4.      In the statement specified in subsection (1), notify the employees that, as a  condition of working
on the commodities or contractual services that are under bid, the employees will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,
any violation of chapter 893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.

5.     Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
       rehabilitation program if such is available in the employee’s community, by any employee who is
       so convicted.

6.     Make a good faith effort to continue to maintain a drug-free workplace through
       implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements


                                                                                  .
                                                  VENDOR’S SIGNATURE




                                                     20
                                           NON-COLLUSION AFFIDAVIT


       I,____________________________________________________of the city

of____________________________________according to law on my oath, and under

penalty of perjury, depose and say that;

        1) I am_____________________________________________, the bidder making the Proposal for the
project described as follows:

                    _______________________________________________________________

       2) The prices in this bid have been arrived at independently without collusion, consultation, communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor;

        3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and

       4) No attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;

        5) The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said
project.

STATE OF ____________________ _________________________________
                  (Signature of Bidder)

COUNTY OF ___________________              _________________________________
                                                                   DATE

PERSONALLY APPEARED BEFORE ME, the undersigned authority,

__________________________________ who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this

___________ day of _______________________, 20___.



       _________________________________                     My commission expires:
               NOTARY PUBLIC




                                                        21
                                PUBLIC ENTITY CRIME STATEMENT


"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime 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 public entity, may not be      awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."




                                                   22
                                                                                               CONTRACT FORM 2-S
                                                                                                     (REV. 12/06)
                       THE SCHOOL DISTRICT OF MONROE COUNTY

                                         Contract for Services:
                                           Threshold Two
                                     (Equal to or in Excess of $25,000.00)

                                   W I T N E S E T H:

WHEREAS, the Monroe County School Board has requested bids for Painting Contractor,
__________________________________________________________________________________________
_________________________________________________________________.

WHEREAS,                                                      has submitted a bid, dated
to provide the services sought by the Monroe County School Board.

WHEREAS,                                                       is duly qualified to provide the services
sought by the Monroe County School Board.

WHEREAS, Monroe County School Board, on behalf of the Monroe County School District, desires to
engage                                                 to provide such services for the Monroe
County School District and                              desires to provide such services for the
Monroe County School District.

NOW, THEREFORE, in consideration of the mutual covenants and benefits hereinafter set forth, the
parties herein covenant and agree as follows:

1.     REQUEST FOR BIDS AND BID INCORPORATED HEREIN

        The terms and specifications of the Request for Bids issued by the Monroe County School District
on {Date of Request for Bids and Identifying Number}
, and the terms of that bid submitted by                                          (“Contractor”) are herein
incorporated by reference as if fully set forth herein, made part of this Contract and are attached hereto
as Exhibits “A” and “B” respectively.

2.     TERM

       The term of this Contract shall be from ________________, ______ to ________________, ______.

       This Contract may be renewed for a period that may not exceed three (3) years or the term set forth
above, whichever period is longer. The compensation for the renewal term shall be determined prior to
renewal of this contract and is subject to approval by the MCSB. Further, renewal of this contract is
contingent upon a determination by the MCSB that the services have been satisfactorily performed, that the
services are needed and upon availability of funds.


                                                        23
3.    SERVICES PROVIDED

      Contractor shall provide services as laid out in Exhibit “B”, in the nature of:
__________________________________________________________________________________________
_________________________________________________________________.

4.    COMPENSATION

       As compensation for Contractor’s services, and as reflected in Exhibit “B”, Contractor shall be
paid __________________________________________________________________. Further, Contractor
agrees that should it not be in full compliance with bid specifications, payment may be withheld.

5.    TERMINATION

      A.     WITHOUT CAUSE

      This contract may be terminated for any reason by either party upon sixty (60) days written notice
      to the other party at the addresses set forth below. If said contract should be terminated as
      provided in this paragraph of the Agreement, the MCSB will be relieved of all obligations under
      said contract and the MCSB will only be required to pay that amount of the contract actually
      performed to the date of termination with no payment due for unperformed work or lost profits.

      B.     TERMINATION FOR BREACH

      Either party may terminate this Agreement upon breach by the other party of any material
      provision of this Agreement, provided such breach continues for fifteen (15) days after receipt by
      the breaching party of written notice of such breach from the non-breaching party.

      C.     IMMEDIATE TERMINATION BY MCSB

      School Board may terminate this Agreement immediately upon written notice to Contractor (such
      termination to be effective upon Contractor’s/Individual’s receipt of such notice) upon occurrence
      of any of the following events:

             a.     the denial, suspension, revocation, termination, restricting, relinquishment or lapse
                    of any license or certification required to be held by the Contractor, or of any
                    Company/Individual staff’s professional license or certification in the State of
                    Florida;

             b.     conduct by Contractor or any Company/Individual staff which affects the quality of
                    services provided to the School Board or the performance of duties required
                    hereunder and which would, in the School Board’s sole judgment, be prejudicial to
                    the best interests and welfare of the School Board and/or its students;



                                                   24
              c.     breach by Contractor or any Company/Individual staff of the confidentiality
                     provisions of this Agreement;

              d.     failure by Contractor to maintain the insurance required by the terms of this
                     Agreement.

6.     COMPLIANCE WITH LAWS AND POLICIES

       Contractor agrees to comply with all current Monroe County School Board policies and all
applicable local, state and federal laws, including laws pertaining to the confidentiality of student records
and public records requests. Contractor agrees that MCSB has the right to unilaterally and immediately
cancel this Contract upon refusal by Contractor to allow public access to all documents, papers, letters, or
other material made or received by the Contractor in conjunction with the contract, unless the records
are exempt from s.24(a) of Art. I of the State Constitution and s.119.07 (1). Should cancellation be
necessary under this clause, MSCB is required only to provide written notice to Contractor, effective
upon receipt of notice, which shall be documented.

7.     INDEPENDENT CONTRACTOR STATUS

       Contractor is, for all purposes arising under this Agreement, an independent contractor.
Contractor, its officers, agents or employees shall not, under any circumstances, hold themselves out to
anyone as being officers, agents or employees of the Monroe County School Board. No officer, agent or
employee shall be deemed an officer, agent or employee of the other party. Neither Contractor nor
MCSB, nor any officer, agent or employee thereof, shall be entitled to any benefits to which employees of
the other party are entitled, including, but not limited to, overtime, retirement benefits, workers
compensation benefits, injury leave, or other leave benefits.

8.     BACKGROUND CHECKS/FINGERPRINTING

        In accordance with the legislative mandate set out in sections 1012.32, 1012.465 and 435.04, Florida
Statutes (2005) as well as with the requirements of HB 1877, The Jessica Lunsford Act (2005), effective
September 1, 2005, Contractor agrees that all of its employees and sub-contractors, including employees
of sub-contractors, who provide or may provide services under this Agreement have completed all
background screening requirements through a Monroe County School Board designee pursuant to the
above-referenced statutes. Contractor agrees to bear any and all costs associated with acquiring the
required background screenings. Contractor agrees to require all affected employees and sub-
contractors to sign a statement, as a condition of employment with Contractor in relation to performance
under this Agreement, that the employee and/or sub-contractor will abide by the terms and notify
Contractor/Employer of any arrest or conviction of any offense enumerated in section 435.04, Florida
Statutes within forty-eight (48) hours of their occurrence. Contractor agrees to provide MCSB with a list
of all employees and/or sub-contractors who have completed background screenings as required by the
above-referenced statutes and that meet the statutory requirements contained therein. Contractor agrees
that it has an ongoing duty to maintain and update these lists as new employees and/or sub-contractors
are hired and in the event that any previously screened employee fails to meet the statutory standards.


                                                     25
       Contractor further agrees to notify MCSB immediately upon becoming aware that one of its
employees or its sub-contractor’s employees, who was previously certified as completing the background
check, and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying
offense. Failure by Contractor to notify MCSB of such arrest or conviction within forty-eight (48) hours
of being put on notice by the employee/sub-contractor and within 5 days of its occurrence shall constitute
grounds for immediate termination of this contract by MCSB. The parties further agree that failure by
Contractor to perform any of the duties described in their paragraph shall constitute a material breach of
the contract entitling MCSB to terminate this Agreement immediately with no further responsibility to
make payment or perform any other duties under this Agreement.

9.     ASSIGNMENT
       Neither Consultant nor the Monroe County School Board may assign or transfer any interest in
this Agreement without the prior written consent of both parties. Should an assignment occur upon
mutual written consent, this Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, representatives, successors and assigns.

10.    AMENDMENT

      This Agreement may be amended only with the mutual consent of the parties. All amendments
must be in writing and must be approved by the Monroe County School Board.

11.    INDEMNIFICATION, GOVERNING LAW & VENUE

        Contractor shall indemnify and hold harmless the Monroe County School Board from and against
any and all claims, liabilities, damages, and expenses, including, without limitation, reasonable attorneys'
fees, incurred by the MCSB in defending or compromising actions brought against it arising out of or
related to the acts or omissions of Contractor, its agents, employees or officers in the provision of services
or performance of duties by Contractor pursuant to this Agreement.

       This Agreement shall be construed in accordance with the laws of the State of Florida. Any
dispute arising hereunder is subject to the laws of Florida, venue in Monroe County, Florida. The
prevailing party shall be entitled to reasonable attorney's fees and costs incurred as a result of any action
or proceeding under this Agreement.

12.   REPRESENTATIONS & WARRANTIES
      Contractor represents and warrants to the Monroe County School Board, upon execution and
throughout the term of this Agreement that:

              1)      Contractor is not bound by any agreement or arrangement which would preclude it
                      from entering into, or from fully performing the services required under the
                      Agreement;

              2)      None of the Contractor’s agents, employees or officers has ever had his or her
                      professional license or certification in the State of Florida, or of any other
                      jurisdiction, denied, suspended, revoked, terminated and/or voluntarily relinquished
                      under threat of disciplinary action, or restricted in any way;

                                                      26
      3)      Contractor has not been convicted of a public entity crime as provided in F.S. §287.133, to
      wit: A person or affiliate who has been placed on the convicted vendor list following a conviction
      for public entity crime may not submit a bid, proposal, or rely on a contract to provide any goods
      or services to a public entity, may not submit a bid, proposal, or reply 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 public entity, may not be awarded or perform work as a contractor,
      supplier, subcontractor, or consultant under a contract with any public entity, and may not
      transact business with any public entity in excess of the threshold amount provided in Section
      287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
      convicted vendor list; and

      4)Contractor and Contractor’s agents, employees and officers have, and shall maintain throughout
      the term of this Agreement, all appropriate federal and state licenses and certifications which are
      required in order for Contractor to perform the functions, assigned to him or her in connection
      with the provisions of the Agreement.

13.   CONFIDENTIALITY

       Contractor recognizes and acknowledges that by virtue of entering into this Agreement and
providing services hereunder, Contractor, its agents, employees and officers may have access to certain
confidential information, including confidential student information and personal health information.
Contractor agrees that neither it nor any Contractor agent, employee or officer will at any time, either
during or subsequent to the term of this Agreement, disclose to any third party, except where permitted
or required by law or where such disclosure is expressly approved by the MCSB in writing, any
confidential student information, personal health information or other confidential information, and
MCSB, its agents, employees and officers shall comply with all Federal and State laws and regulation and
all MCSB policies regarding the confidentiality of such information.




                                                   27
14.    INSURANCE

        Contractor agrees to secure and maintain at all times during the term of this Agreement, at
Contractor’s expense, insurance coverage, as laid out below, covering Contractor for all acts or omissions
which may give rise to liability for services under this Agreement. All Contractor staff is to be insured in
minimum amounts acceptable to the Monroe County School Board and with a reputable and financially
viable insurance carrier, naming the Monroe County School Board as an additional insured. Such
insurance shall not be cancelled except upon thirty (30) days written notice to the MCSB. Contractor
shall provide MCSB with a certificate evidencing such insurance coverage within five (5) days after
obtaining such coverage. Contractor agrees to notify MCSB immediately of any material change in any
insurance policy required to be maintained by Contractor.

       Contractor is required to obtain the following coverage:

_X__ General Liability Insurance
      Amount: _$1,000,000_____
                          Details/Comments: Naming Monroe County School District as additional
                          insured.
                          __________________________________________________________________
                          __________________________________________________________________
                          ______________________________

___ Professional Liability Insurance
      Amount: _______________
      Details/Comments:
                           ____________________________________________________________________
                           ____________________________________________________________________
                           _____________________________

_X__ Vehicle Liability Insurance
      Amount: __$1,000,000______
      Details/Comments:
                          ____________________________________________________________________
                          ____________________________________________________________________
                          _____________________________

_X_ Workers Compensation Insurance
     Amount: _Statutory Limits_____
     Details/Comments:
                       ____________________________________________________________________
                       ____________________________________________________________________
                       _____________________________




                                                     28
15.    BILLING

      Bills for fees or compensation under this contract shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. Further, bills for any travel expenses shall be submitted in
accordance with s. 112.061 where applicable.

16.    THIRD-PARTY BILLING AND PAYMENT

        To the extent applicable with regard to the services provided in this Contract, the Contractor shall
cooperate with School Board representatives to determine the eligibility of a referred student for third-
party benefits and to bill cooperatively the third-party for services provided to the referred student.
Should the third-party decline to pay for billed services, or should the third-party only make partial
payment for billed services, Contractor shall provide appropriate documentation to School Board and
will assist the School Board in any administrative or appeals process regarding eligibility or payment as
may be requested by the School Board. Contractor shall not be entitled to bill nor accept third-party
payment without authorization of the School Board and Contractor agrees that School Board shall not be
obligated to make any payment that exceeds the rate referred to in the paragraph governing
Compensation. The Contractor shall provide service documentation in accordance with professional
standards and School Board criteria as requested.

17.    CONTRACT RECORDS RETENTION

        Contactor agrees to comply with all state and federal regulations governing contracts with public
entities, including but not limited to cooperation with public records requests as provided by law,
cooperation with comptrollers and auditors as provided by law, and adherence to Title 34, section 80.36,
which requires the retention of all records concerning a public entity contract for three (3) years after
the School Board makes final payment and all other pending matters concerning the contract are closed.

18.    ETHICS CLAUSE

       Contractor warrants that he/it has not employed, retained or otherwise had act on his/its behalf
any former Monroe County School District officer or employee. For breach or violation of this provision
the Monroe County School District may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full
amount of any fee, commission, percentage, gift, or consideration paid to the former Monroe County
School District officer or employee.

19.    CONFLICT OF INTEREST

       The following provisions shall apply for conflict of interest. Any violation of these provisions by a
School Board employee may be grounds for dismissal. No contract for goods or services may be made
with any business organization in which the Superintendent or School Board member has any material
financial interest unless it is a single source or clear documentation exists to show that, no other supplier
can provide the identical/comparable goods/service, at a lower cost to the Board. No School Board
employee may directly or indirectly purchase or recommend the purchase of goods or services from any

                                                      29
 business organization which they or their near relative have a material interest as defined by §112.313,
Florida Statutes, except as allowed by DOE Interpretative Memorandum No. A-20. School Board
employees or officials may not receive gifts or any preferential treatment from vendors. A School Board
employee shall not be prohibited from participating in any activity or purchasing program that is offered
to all School Board employees or in District surplus sales provided there is no preferential treatment.
20.     DEBARMENT CERTIFICATION

       A Debarment Certification Form, attached hereto as Exhibit “C”, shall be executed by the
Contractor and is incorporated herein as part of this contract. The Contractor certifies that neither the
firm, nor any person associated therewith in the capacity of owner, partner, director, officer, principal,
investigator, project director, manager, auditor, and/or position is involved in the administration of
federal funds.

21.    SEVERABILITY

        The parties recognize and agree that should any clause(s) herein be held invalid by a Court of
competent jurisdiction, the remaining clauses shall not be affected and shall remain of full force and
effect.

22.    COUNTERPARTS

       This Agreement may be executed in one or more counterparts, all of which together shall
constitute only one Agreement.

23.    WAIVER

       A waiver by either party of a breach or failure to perform hereunder shall not constitute a waiver
of any subsequent breach or failure to perform. Any waiver of insurance requirements as provided by
this Agreement and/or the policies of the School Board does not relieve the Contractor of the
indemnification provisions contained within this Agreement.

24.    CAPTIONS

        The captions contained herein are used solely for convenience and shall not be deemed to define or
limit the provisions of this Agreement.

25.    ENTIRE AGREEMENT

       The parties hereto agree that this is the final agreement between the parties and supercedes any
and all prior agreements and/or assurances, be it oral or in writing.

26.    NOTICES
       All notices required by this Contract, unless otherwise provided herein, by either party to the
other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or
by Federal Express or Express Mail, and shall be deemed to have been duly given when delivered
personally or when deposited in the United States mail, postage prepaid, addressed as follows:

                                                      30
       Monroe County School Board:
       Superintendent
       Monroe County School District
       241 Trumbo Road
       Key West, FL 33040

       With a copy to:
       Monroe County School District Counsel
       Vernis & Bowling of the Florida Keys, P.A.
       81990 Overseas Hwy, 3rd Floor
       Islamorada, FL 33036

                                               (“CONTRACTOR”):
       ___________________________________
       ___________________________________
       ___________________________________

APPROVED:

_________Theron Simmons, Esq._________         __5/22/07_
          LEGAL DEPARTMENT                     DATE

_____________________________________          __________
       PERSONNEL DEPARTMENT                    DATE

_____Wanda Menendez_________________           __4/30/2007_
         RISK MANAGEMENT                       DATE

______Lisa Ernst Cherry________________        _5/22/2007__
     PURCHASING DEPARTMENT                      DATE



IN WITNESS WHEREOF, the parties have executed this Contract on this _____ day of

_____________________ , ___________ .

________________________________________                 __________
SIGNATURE OF CHAIRPERSON OF THE BOARD                    DATE

________________________________________                 __________
SIGNATURE OF SUPERINTENDENT                              DATE

X_______________________________________                 __________ (SIGN WHEN SUBMITTING BID)
SIGNATURE OF CONTRACTOR/REPRESENTATIVE                   DATE

________________________________________
PRINT NAME AND TITLE


                                                    31