Furniture items shipped from manufacturer (see attached list) $30.00 freight added for hazmat materials (see attached list) New York
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- Cornelia McDowell
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1 Burmax Company, Inc. Burmax Value Guide 5% Contract Reference Number: Website for on-line ordering with Bid terms: No Vendor Contact: Dayna Kuhne Phone Number: Fax Number: Discount Exceptions: Burmax items only (see attached list) General Freight Terms: Freight Free, Prepaid & Included: Yes $ Minimum: within miles: Prepaid & Added to Invoice: % added to order: Actual amount billed General Freight Terms Exceptions: Furniture items shipped from manufacturer (see attached list) Other Exceptions: Delivery ARO: P-Card Accepted: Vendors' Principal Place of Business: $30.00 freight added for hazmat materials (see attached list) days Yes New York
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8 LAKE COUNTY SCHOOLS Leading our Children to Success Procurement Services CR 561 Tavares FL (352) Fax: (352) Superintendent: Susan Moxley, Ed.D. School Board Members: District 1 Bill Mathias District 2 Rosanne Brandeburg District 3 Tod Howard District 4 Debbie Stivender District 5 Kyleen Fischer December 20, 2013 NOTICE OF AWARD Ms. Dayna Kuhne Burmax Company, Inc. 28 Barretts Avenue Holtsville, NY RE: Bid #3745BM Catalog Discounts Dear Ms. Kuhne: At their meeting held on December 16, 2013, the Lake County School Board approved the award of the above referenced bid for the catalog(s) and/or website(s) shown below. The bid proposal we received from your company will serve as the contract and will be in effect from January 1, 2014 through December 31, Purchase orders will be issued as needed. Please note that it is your responsibility to label and distribute approved printed catalogs to LCSB schools and departments. As new catalogs become available it is your responsibility to 1) submit them to the Procurement Services Department for approval; and 2) label and deliver to the schools and departments. Burmax Value Guide On-line internet ordering may be allowed only if a web portal designed specifically for LCSB has been reviewed and approved by the Procurement Services Department. Such approval must be obtained prior to sending any information to the schools and departments. The Procurement Services Department must be notified of any website modifications, changes, or additions that could affect connectivity to the website during the term of this contract. A complete copy of the award recommendation letter and the bid tabulation may be viewed on the LCSB Procurement Services Department s website located at We look forward to working with you. If you have questions, please contact me at or piersonc@lake.k12.fl.us. Sincerely, Crystal Pierson, CPPB Certified Purchasing Agent Equal Opportunity in Education and Employment
9 ATTACHMENT 1 COST PROPOSAL FORM Vendor Name: lhe. f) u r 'CYlO.Y Co'iY)f?tll'>./1 Tn c_ Vendor Bid/Contract Reference# (if applicable): --=3:;...7_. 4...:...5""'-"f),_._.,[Y).. _ Catalog Name (Only one (1) catalog per Cost Proposal Form. Duplicate form as needed.): BLLrmctx Va ILA-t 6u_ide, catalog Number. Ju IV 1 Au~IAf:t ~~Jatalog Issue Date: Jill~,2_Q/3 Vendor has a website catalog that can be configured specifically for use by Lake County Schools for on-line ordering reflecting the special pricing offered: D Yes ~ No CHOOSE ONLY ONE OF THE FOLLOWING DISCOUNT OPTIONS: 1. Percentage Discount offered on all items listed in catalog: % R Percentage Discount offered by category (Vendor must provide definitive guidelines to ascertain the category in which a given item may be included.): CATEGORY Supplies: Equipment: 1--~ V\ Other (Specify): ~e_ n±±-achej Discount Exceptions: sneral Freight Terms (Check all that apply.) Freight Free, Prepaid & Included $ minimum D within miles DEFINE CATEGORY f)u UYla )(' 1tt;ffiS (fc~j<.; I -2 8' 4) %DISCOUNT % ---;::::::---- % r=: _,-""'---) I< D Prepaid & Added to Invoice D We bill % of total order- Add % to each order D We bill actual amount General Freight Terms Exceptions:, rr' IJ1UMdUre.t Other Exceptions: 0t:. tk:, -.I--!'::..::;.:...,..L...!..I.~.l:ol...l...::...L...l...l..::..:...:...L.;...J..~~~'+"""""-~'-'-"'"'..:;.u.."t-'-~~tre~ht Will be Delivery after Receipt of Order: calendar days. Uff.l i ed. Vendor's representative name for ordering purposes and questions: - Se.e t:lfi-alj,ej --ton (\ Representative's Name: Phone Number: Fax Number: Address: J:x~s1 h a Kv.b n e_ '1 31?0- lo ~ Page 14 of 22 Bid #3745BM- Catalog Discounts
10 Exceptions: The 5% discount applies to Burmax items. All re-distributed items will be given at the lowest price without meeting the minimum purchase requirement. Please see the list below for Burmax Products: Aristocrat Celebrity Champion City Lights Classic Spa by FantaSea Debra Lynn (DL Professional) Diamond Edge Diamond Ice FantaSea Cosmetics Gold Magic Hair Country Ninja Profile Skincare Salonchic Satin Edge Scalpmaster Superior Kits Soft n Style The Rave Cosmetics Togatta
11 Exclusions from Free Freight Policy Furniture: Items are Dropped Shipped directly from the manufacturer and freight will be applied. Furniture Manufacturers include: Belvedere Dina Meri Garfield-Paragon International Global Salon & Spa Guardian Interstate Mat Corporation Jeffco Kayline Enterprises, Inc. Marble Products Pibbs Industries Salon Tuff Stand Easy Products Please note Installation is not available. Please allow 2-8 weeks for delivery of furniture items. Hazmat Materials: $30.00 freight charge will be applied per case. Hazmat Materials Manufactures includes: Pro Nail- Cool Breeze Skin Anti-Septic & Refresher (C01P-01680) Pro Nail- Non-Acetone Nail Polish Remover (C01P-01745) Pro Nail- Pure Acetone (C01P-01720) Pro Nail- 99% Isopropyl Alcohol (C01P-01695) *Each sold by case of 4 ONLY
12 Vendors' product lines for the Printed Catalog/Price List referenced on this Cost Proposal Form A include supplies and equipment within the following categories (check all that apply): D D D D Art Audio Visual Classroom I Teaching Aids Health Care Library I Media Music I Band D D D ~ Office Physical Education I Athletic Science Special Needs I Therapeutic Devices Technology Vocational We submit our prices and agree to adhere to all terms and conditions included in Bid #3745BM - Catalog Discounts. company: _ lb..::...l\ ~t~b::...;;... ~-=-D'YJ~W~CJ"" h1~.p"'-'-"a...:...n.J...:::t~-t-' ~ I._n-'-'"'c :::;...:... Mailing Address: d '?) fx1<r rt ±+s.av D\ u_ e_ (st..et) H~vi ~ Ill :/:2- (C:ty, State Zip) r Stgnature:... ~- =...;;~"--.::;..._"' ;;...--"----'-... _ Type name: J)o_~ VJ fl K \Lb V\ e. Telephone# 3QQ- (olj-5-5/}1? Fax# Lo3/- ~~J-7 5CJQ Title: 6\d eeprese_nta_t- t\[e Date --=-8'+-/ frw...,/j,...:.j-=.3 d. k uhhf-@bucwax. corn INFORMATION ITEMS ONLY Indicate additional percentage discount if estimated number of actual orders per item exceeds 10% of the estimated quantities during each term of the agreement: Q % The District utilizes a P-Card and in some cases would make purchases utilizing the P-Card. Indicate if your firm has the capability of accepting the P-Card for purchases at no additional charge to the District. D No.,JJ i.:f1 Yes Since the use of a P-Card provides earlier payment to the Vendor indicate if your firm would negotiate an additional discount to the District when a P-Card is used. DYes Page 15 of 22 Bid #3745BM- Catalog Discounts
13 ATTACHMENT 2 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," " person," "primary covered transaction,"" principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled ocertification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NAME OF APPLICANT 1ht. PRIAWARD #AND/OR PROJ NAME DATE 13 Page 16 of 22 Bid #37 45BM - Catalog Discounts
14 ATTACHMENT 3 SWORN STATEMENT UNDER SECTION (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to School Board of Lake County, Florida by bcl~nct K.uhne_ 6i d!zf+.resw±a_fiv~ (Print indivi~a/'s name and title) J for1hc Whose business address is: d2' &axre:tts Avt J HDI:±Svi//e._ 1 NY 1/7 t-fd. (If applicable) its Federal Employer Identification Number (FEIN) is /3/ '17 )fy lf <f) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on the attached sheet.) Required as per IRS Form W I understand that a "public entity crime" as defined in Paragraph (1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understate that "convicted" or "conviction" as defined in Paragraph (1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that "affiliate" as defined in Paragraph (1)(a), Florida Statutes means: A. A predecessor or successor of a person convicted of a public entity crime or; B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those offices, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a join venture with a person who has been convicted of a public entity crime in Florida during the proceeding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph (1 )(c), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, Page 17 of 22 Bid #37 45BM - Catalog Discounts
15 executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting those sworn statements. (Please indicate which statement applies.) ' Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES, FOR CATEGORY TWO OR A Y CHANGE IN THE I FORMATION CONTAINED IN THIS FORM. STATE OF_...,~<..;:;.! _ ~-~+J_nJ_L ~/1 2/ I 3 (Date) r I PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Nh~~~~vidu~i~n~~ COUNTY OF 5_(-l_~_\_JL. My Commission Expires: Page 18 of22 Bid #3745BM- Catalog Discounts
16 PROJECT IDENTIFICATION: Bid #3745BM- Catalog Discounts SOCIAL SECURITY NUMBER: /3 ) q 7;; 6 4 ~ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement on the attached sheet.) Required as per IRS Form W-9. Page 19 of 22 Bid #3745BM- Catalog Discounts
17 State of N e,w "lor K County of,s U J D I k. (P~~~ n a K:uh n e ATTACHMENT 4 NON-COLLUSION AFFIDAVIT being first duly SWOrn, deposes and says that: (1) He/she is the ~~ rtstn±c!;;i i ve_ of the Proposer that has (Owner, Partner, Officer, epresentative or Agent) submitted the attached Proposal; (2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm or person to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents representatives, owners, employees or parties in interest, including this affiant. Si ned, sealed and delivered in the presence of: h t~ s'(]_/fl/ra _uo_;,tn ra t-.. I,J (Printed Na e) r- L-thYJ e bl d e_ffjresmtet-ti v(_ (Title) Le Page 20 of22 Bid #3745BM- Catalog Discounts
18 * Pfe_c~se_ see CLttOLhed ltt+tr ATTACHMENT 5 BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS 11 _ /}. (To be t?ompleted by each Bidder) Name of bidder: ~e._ OIJ-tma.x CoVYip~Lrly I r V] C-.. Identify the state in which the bidder has its principal place of business: _LN..::...::t::::..:!LW.:L-_j.L...>.Q<-rL.J:K.::::... INSTRUCTIONS: IF your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required.!.e your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation. OPINION OF OUT-OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for an Out-of-State Bidder) NOTICE: Section (2), Fla. Stat., provides that "a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts." See also: Section (1), Fla. Stat. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One) The bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state. The bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One) The bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision. The bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: Signature of out-of-state bidder's attorney: Printed name of out-of-state bidder's attorney: Address of out-of-state bidder's attorney: Telephone Number of out-of-state Qidder's attorney: ( ) - address of out-of-state bidder's attorney: Attorney's states of bar admission: Page 21 of 22 Bid #37 45BM - Catalog Discounts
19 ITfil~A~TIN I HY.MAN ~"'\ "'.~~ ~.--: '' '-:'1,.4 SCOTIA. HYMAN Admitted in Colorado, New York 11nd New Jersey ahyman@martinhyman.com May 8, 2013 To whom it may concern: We are counsel to The Burmax Company, Inc. ("Burmax"). In accordance with Section (2) of Title XIX of the Florida Statutes, we opine as follows: 1. Bunnax is a New York corporation and its principal place of business is located in the State ofnew York. 2. Under Section of the New York's State Finance Law the Office of General Services may deny to a vendor placement on bidders mailing lists and award of contracts that they would otherwise obtain if their principal place of business is located in a jurisdiction that penalizes New York State vendors and if the goods or services offered will be substantially produced or performed outside New York State. These sanctions may be waived when it is determined to be in the best interest of New York State to do so. 3. Under New York law, the following preferences apply to the Jetting of state contracts: a. Food: a preference applies to the purchase of food products, the essential components of which are grown, produced or harvested in New York or where the processing facility is located in New York. The Commissioner of General Services assisted by the Commissioner of Agriculture and Markets determines the percentage of each food product or class that must meet these requirements. State Finance Law, b. Recycled Products: A 10% preference is applied for a recycled content product without regard to the producfs origin. An additional 5% preference may be granted if at least SO% of the secondary materials utilized in manufacture of that product are generated from the waste stream in New York State. State Finance Law, The URL of the website where New York's bid preference laws can be obtained is: This letter is intended to speak as of the date hereof. Please do not hesitate to contact me should you require additional information. Sincerely, MARTIN & HYMAN, LLC 1j ~~ / J j I Scott A. Hyman DENVER OFFICE: BOULDER OFFICE: 1125 SEVENTEENTH STREET I SUITE 2100 I DENVER, CO CARBON PLACE I SUITE 200 I BOULDER, CO PHONE: I FAX: PHONE: I FAX:
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