General Conditions

1.       Bids must be submitted on before the closing date as advertised.  Submit one copy of the completed bid in a properly addressed and sealed envelope, clearly designating the above reference number.

2.      Some officer or member of the bidding firm who is authorized to legally bind the firm must sign the bid form.

3.      The bid period will begin July 1, 2013 and end June 30, 2014.  The contract may be renewed annually for a 3-year period.

4.      Deliveries must be completed within 48 hours or receipt or order, except for school holidays and vacations.

5.      Universal service must be provided, including filling of machines, free repair, and money collection.

6.      It is to be understood that the bidder, if awarded an order or contract agrees to protect, defend and save harmless the Owsley County Board of Education from any suites or demands for payments that may be brought against it for the use of any patented material, process article or device that may enter into the manufacture, construction or form a part of the work covered by either order or contract, and he further agrees to indemnify and save harmless the Owsley County Board of Education from suit or actions of every nature and description brought against it for, or on account of any injuries or damages received or sustained by any party or parties by, or for any of the acts of the contractor, his servants or agents.

7.      Federal Excise Taxes or Kentucky Sales and Usage Taxes are not applicable to any purchase made for use of the Owsley County Board of Education.  Bids shall not include any such taxes.  Exemption certificated will be furnished as required.

8.      All products must confirm in every respect to the provisions of the Federal Food and Drug Act and all of its amendments.  The Owsley County Board of Education reserves the right throughout the length of this bid to have specification analysis of a product done at the expense of the processor.

9.      The prices quoted shall be the complete delivered price in all cases per the unit described on the bid form.  If the bid price is for a unit other than the one listed, the bidder shall indicate the unit for which the bid is quoted.

10.  Monthly statements listing amounts payable by individual schools shall be sent to the respective schools for payment.  The monthly account period shall close after the last delivery of each calendar month.

11.  This contract must be incompliance with Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41CEP Part 60).

12.  The Owsley County Board of Education, the Kentucky Department of Education, and the comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions.  Contractors shall maintain all required records for three years after the Owsley County Board of Education makes final payment and all other pending matters are closed.

13.  The Owsley County Board of Education agrees to use the Designated contract supplier(s) as an exclusive source for the items and service as listed herein with the exception of the School Food Service Program.  The only other anticipated exceptions might be in time of emergency.

The designated supplier(s) reciprocally agrees to provide total requirements as listed herein, thereby minimizing occurrences when the Owsley County Board of Education may have to seek other interim product sources.  Failure to deliver 100% of the product on this list – within 48 hours – shall be considered a default.  In case of default by the successful bidder, the Owsley County Board of Education, after due notice (oral or written) may procure the necessary products from other sources and hold the contractor responsible for any excess cost occasioned thereby.  Continuous instances of default may result in cancelation of the contact and removal of the bidder from the bid list.

14.  If the terms of the contract are violated in any way, the Contract may be terminated pending a 30 day written notice.  Upon the discretion of the Owsley County Board of Education, the contract may be terminated in a shorter period of time providing both parties reach a mutual agreement.

15.  The Owsley County School District consists of two schools with an enrollment of approximately 900 students; Owsley County Elementary and Owsley County High.

16.  KRS 45A.455 prohibits conflicts on interest, gratuities and Kickbacks to employees of the Owsley County Board of Education in connection with contracts for products or services whether such gratuities or kickbacks are direct or indirect.

17.  All items listed herein must be available, at bid price, to all school booster organizations.

18.  The supplier must provide concession trailers, as requested, for school special events and at no charge to the school.

The supplier must provide a minimum of 8 chest coolers; sports packages to include cooler, etc.; banners for special events; and other incentives as detailed by supplier on formal bid certification.

Information pertaining to any item or condition in this document may be obtained by contacting Tim Bobrowski, Superintendent, or Chad Mason Safe Schools, at the Owsley County Board of Education.  (606) 593-6363.