SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL

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1 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL NON-COMPETITIVE SALES AND SERVICES AGREEMENTS SSA # CJ Herff Jones, Inc. Cocoa Beach Junior/Senior High School Vendor Name Amount of Award Required Products and Services Herff Jones, Inc. $58, Yearbook Publishing DISCUSSION: Request approval of the attached sales and services agreement for yearbook publishing with Herff Jones, Inc. This will provide Cocoa Beach Junior/Senior High School 620 yearbooks for student purchase for the 2012/2013 school year. CONTRACT TERM: The contract term shall commence February 27, 2013 and continue through June 30, RECOMMENDATION: It is the recommendation of Ronald R Bobay, PhD, North Area Superintendent and Timothy P Cool, Principal of Cocoa Beach Junior/Senior High School to approve the attached agreement for yearbook publishing. AUTHORITY FOR ACTION: Florida Administrative Code - 6A ACTION BY BOARD: Approved Recommendation(s) Above & Awarded Meeting Date: February 26, 2013 Other Cheryl L. Olson, C.P.M., CPPO, FCCN, Director Office of Purchasing & Warehouse Services

2 Contract # _SSA # CJ Approval Date: The School Board of Brevard County, Florida Sales and Services Agreement for Yearbooks The School Board of Brevard County, Florida, 2700 Judge Fran Jamieson Way, Viera, Florida , ( School Board ) does hereby retain the services of Herff Jones, Inc. whose address is 4501 West 62 nd Street, Indianapolis, IN (hereinafter called Contractor ) to furnish the services in accordance with the following terms and conditions: 1. Description of Services. Contractor shall perform the following services: Yearbook publishing as detailed in Exhibit A. Said services shall be completed to the satisfaction of Timothy P. Cool, Principal of Cocoa Beach Jr. Sr. High. Services shall be considered complete June 30, The Contractor will independently perform all services specified above, except as provided otherwise herein. In the event Contractor requires the services of other Contractors, an amendment to this agreement listing the names, addresses and anticipated amounts to be paid to said additional Contractors will be required. All intellectual property, work product, outcomes, or processes specially developed for the delivery of services described above shall be the property of the School Board. 2. Location of Services. Performance of services cited above will be conducted at: Contractor s location. 3. Term. The term of this agreement shall be from the date last signed by both parties until June 30, 2013 unless terminated as provided herein, or extended by supplement to this agreement. 4. Termination. The School Board, or designee, may terminate this agreement immediately, in its sole discretion. In the event of termination, the Contractor shall be paid for services performed and completed under this agreement up to the date of termination only. 5. Compensation and Payment. Based on the completion of services described in paragraph 1 above, the Contractor shall receive payment as listed below. School Board s payment will be made pursuant to the provisions of the Local Government Prompt Payment Act after receipt of Contractor s invoice and completion of services. The Local Government Prompt Payment Act requires the School Board to pay a correct and undisputed invoice within 45 days of the School Board s Accounts Payable Department s receipt of said invoice. The School Board shall incur no obligation for payment until issuance of a purchase order to Contractor. A. A fixed deposit fee of $27, This fee is calculated to be approximately 49% of the estimated total agreement amount. This payment will be due on March 1, B. A second fixed deposit fee of $24, This fee is calculated to be approximately 44% of the estimated total agreement amount. This payment will be due on April 1, C. A final payment of $3, will be due upon the receipt of the final itemized invoice to be mailed after the yearbooks have shipped. This figure includes the remaining 7% for the yearbook purchase. D. An estimated total of $3, will be included on the final itemized invoice for shipping charges that will be due upon final receipt of the final invoice. E. Final calculation of yearbook cost is estimated to be $93.98 per book up to a maximum of $58, as compensation for all work and services performed for the School Board including estimated shipping charges. Expenses are not authorized. 6. Independent Contractor. The Contractor certifies that it is an independent Contractor and shall not employ, contract with, or otherwise use the services of any officer or employee of the School Board. The Contractor certifies that its owner, officers, directors or agents, or members of their immediate family, do not have an employee relationship or other material interest with the School Board. The Contractor has completed and signed the attached Exhibit B, Vendor Conflict of Interest Disclosure Form. 7. Indemnification. During the term of this agreement, the Contractor shall indemnify, hold harmless, and defend the School Board of Brevard County, its officers, agents, servants, and employees from any and all costs

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