SCHOOL BOARD OF BREVARD COUNTY , FLORIDA BOARD AGENDA ITEM - April 27, 2021

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SCHOOL BOARD OF BREVARD COUNTY, FLORIDABOARD AGENDA ITEM – April 27, 2021PROCUREMENT SOLICITATIONPB #21-357-PB-JW Concrete Sidewalk, Curb and Cutter (ITB) Invitation To Bid (RFP) Request For Proposal (SS) Sole Source (ITN) Invitation To Negotiate (RFQ) Request For Qualifications (PB) Piggyback (SC) State ContractREQUESTOR: Plant Operations & MaintenanceLegal Review Required: Yes NoStandard Template Used with No Changes: Yes NoStandard Template Type:Piggyback AgreementVENDOR NAMECathcart Construction Company-Florida, LLCGoodson Paving, Inc.Lawson Masonry & Construction, Inc.Sparks Concrete, LLCTotal Contract Renewal Recurring Contract New ContractAMOUNTAWARDEDVariableREQUIRED PRODUCTS/SERVICESConcrete Sidewalk, Curb andGutterVariableNew Contract AmountPrevious Contract AmountVarianceVariableN/AN/APRICE INCREASE / DECREASE EXPLANATION: N/ADISCUSSION:From time to time the School Board of Brevard County Maintenance Department has a need touse a specialty contractor to make repairs to existing concrete sidewalks, curbs, and gutters whenrepairs are beyond the capability of Plant Operations and Maintenance.State Board of Education Rule 6A-1.012(6) allows school districts to make purchases at or belowthe specified prices from contracts awarded by other city or county governmental agencies, otherdistrict school boards, community colleges, federal agencies, the public or governmental agenciesof any state, or from state university system cooperative bid agreements, when the proposerawarded a contract by another entity will permit purchases by a district school board at the sameterms, conditions, and prices (or below such prices) awarded in such contract, and suchpurchases are to the economic advantage of the district school board.Pricing is based on Brevard County Board of County Commissioners ITB #B-6-21-36.The standard piggyback agreement template has been used, which does not require legal review.CONTRACT TERM:The initial contract term shall commence April 28, 2021 and continue until February 24, 2022with four (4) one (1) year additional renewal periods.RECOMMENDATION:PROCUREMENT & DISTRIBUTION SERVICES2700 JUDGE FRAN JAMIESON WAYVIERA, FL 32940-6601

It is the recommendation of Susan Hann, P.E., Assistant Superintendent of Facilities Servicesand James Ross, Director of Plant Operations & Maintenance to approve the attachedagreements with the above listed vendors in the amount of variable.AUTHORITY FOR ACTION:Florida Administrative Code 6A-1.012 (6)

-;\Public \jScheolsSchool Board of Brevard County2700 Judge Fran Jamieson WayViera, FL 32940-6601Mark W. Mullins, Ed.D., SuperintendentORIGINALMarch 25, 2021Travis GoodsonGoodson Paving, Inc.630 Cidco RoadCocoa, Florida 32926goodsonpaving@gmail.comSubject:Request to Utilize Solicitation1TB #B-6-21-36 Concrete Sidewalk, Curb and Gutter ConstructionDear Mr. Goodson:State Board of Education Rule 6A-1.012(6) allows school districts to make purchases at or below the specified prices fromcontracts awarded by other city or county governmental agencies, other district school boards, community colleges, federalagencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements,when the proposer awarded a contract by another entity will permit purchases by a district school board at the same terms,conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantageof the district school board.With your permission, we would like to utilize above-mentioned solicitation that was awarded to your firm by Brevard CountyPurchasing Services. The terms, conditions, and prices awarded in such contract shall remain the same except as adjustedin Attachment "A". The term of this agreement shall be from the date of Board approval through February 24, 2022 withfour ( 4) additional one (1) year periods.If you agree to the School Board's request to utilize the solicitation that was awarded to your company, please sign belowelectronically, and send to the email listed below. You will be notified after the School Board's approval.Please contact Jennifer Wells at 321-633-1000, ext. 11106 or by email at wells.jennifer@Brevardschools.org if you shouldhave any questions. Thank you for your attention to this matter, and we look forward to working with you in the future.Sincerely,Rodriguez.Kristine@Procurement and DistributionServicesDigit lly sign d byRodngue Knstlne@Procurementand D1stnbut1on ServicesDate: 2021.03.25 10:13:17 -04'00'Kristine Rodriguez, MBA, NIGP-CPP, CPPO, CPPB, FCCMDirector of Procurement & Distribution ServicesGoodson Paving, Inc. agrees to allow the School District of Brevard County, Florida to utilize the solicitation that wasawarded to your firm by Brevard County Purchasing Services. The solicitation title is Concrete Sidewalk, Curb and GutterConstruction a d the bid number is B-6-21-36.Printed Name anAccepted:The School Board of Brevard County, FloridaMisty Belford, Board Chairpersoncc: Solicitation File (21-357-PB-JW)DateProcurement & Distribution ServicesPhone: (321) 633-1000 Ext. 11645 · FAX: (321) 877-0904Distribution: (321) 633-3680 Ext. 14100 FAX: (321) 633-3698 \26\202-1Date

* .\JSchool Board of Brevard County2700 Judge Fran Jamieson WayViera, FL 32940-6601Mark W. Mullins, Ed.D., SuperintendentuPubli SchoolsORIGINALMarch 25, 2021Jason LawsonLawson Masonry & Construction Company, Inc.1190 Queen StreetTitusville, Florida 32780lawsonmasonry@gmail.comSubject:Request to Utilize Solicitation1TB #B-6-21-36 Concrete Sidewalk, Curb and Gutter ConstructionDear Mr. Lawson:State Board of Education Rule 6A-1.012(6) allows school districts to make purchases at or below the specified prices fromcontracts awarded by other city or county governmental agencies, other district school boards, community colleges, federalagencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements,when the proposer awarded a contract by another entity will permit purchases by a district school board at the same terms,conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantageof the district school board.With your permission, we would like to utilize above-mentioned solicitation that was awarded to your firm by Brevard CountyPurchasing Services. The terms, conditions, and prices awarded in such contract shall remain the same except as adjustedin Attachment "A". The term of this agreement shall be from the date of Board approval through February 24, 2022 withfour (4) additional one (1) year periods.If you agree to the School Board's request to utilize the solicitation that was awarded to your company, please sign belowelectronically, and send to the email listed below. You will be notified after the School Board's approval.Please contact Jennifer Wells at 321-633-1000, ext. 11106 or by email at wells.jennifer@Brevardschools.org if you shouldhave any questions. Thank you for your attention to this matter, and we look forward to working with you in the future.Sincerely,Rodriguez.Kristine@Procurement and DistributionServicesDigitally signed byRodrigue z.Kristine@Procurementand D1stnbut1on ServicesDate: 2021.03.25 10:13:36 -04'00'Kristine Rodriguez, MBA, NIGP-CPP, CPPO, CPPB, FCCMDirector of Procurement & Distribution ServicesLawson Masonry & Construction Company, Inc. agrees to allow the School District of Brevard County, Florida to utilizethe solicitation that was awarded to your firm by Brevard County Purchasing Services. The solicitation title is ConcreteSidewalk, Curb and Gutter Construction and the bid number is B-6-21-36.Printed Name and TitleAccepted:The School Board of Brevard County, FloridaMisty Belford, Board Chairpersoncc: Solicitation File (21-357-PB-JW)DateProcurement & Distribution ServicesPhone: (321) 633-1000 Ext. 11645 · FAX: (321) 877-0904Distribution: {321) 633-3680 Ext. 14100 FAX: (321) 633-3698TfDate

School Board of Brevard CountyProcurement & Distribution Services2700 Judge Fran Jamieson WayViera, FL 32940-6601ATTACHMENT “A”PIGGYBACK AGREEMENT BETWEENTHE SCHOOL BOARD OF BREVARD COUNTY, FLORIDAANDLAWSON MASONRY & CONSTRUCTION COMPANY, INC.THIS AGREEMENT is made by and between The School Board of Brevard County, Florida (alsoknown as Brevard Public Schools and hereinafter “BPS”), a political subdivision of the State of Florida, locatedat 2700 Judge Fran Jamieson Way, Melbourne, Florida 32940-6601, and Lawson Masonry & ConstructionCompany, Inc. (hereinafter “CONTRACTOR”), located at 1190 Queen Street, Titusville, Florida 32780.W I T N E S S E T H:WHEREAS, Brevard County Purchasing Services issued an Invitation to Bid, B-6-21-36 (hereinafter“ITB”) requesting proposals to provide Concrete Sidewalk, Curb and Gutter Construction;WHEREAS, CONTRACTOR submitted a proposal in response to the competitive solicitation, whichresulted in an agreement between Brevard County Purchasing Services and CONTRACTOR for said, ConcreteSidewalk, Curb and Gutter Construction, incorporating the proposal submitted in response to the ITB;WHEREAS, BPS has determined that it is in its best interest to make a cooperative piggy-backpurchase, utilizing said agreement between Brevard County Purchasing Services and CONTRACTOR,effective February 25, 2021 through February 24, 2022, with four (4) additional one (1) year periods, attachedhereto as Exhibit “A” and made a binding part hereof by this reference, hereinafter referred to as“COOPERATIVE CONTRACT;” and,WHEREAS, CONTRACTOR has exhibited by its response to the solicitation that it is capable ofproviding the required services;NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein,the parties hereto agree as follows:1. TERM.The term of this Agreement shall be from April 27, 2021 through February 24, 2022 and may, uponmutual written agreement of BPS and CONTRACTOR, be extended for any renewal period as detailed in theoriginal solicitation. BPS, through its Procurement & Distribution Services Department, will issue a renewalrequest letter prior to the end of the current contract period.2. PRODUCTS, PRICING, AND PAYMENT.CONTRACTOR will provide products and pricing as specified in Exhibit “A” attached hereto and madea binding part hereof. In accordance with Florida’s Local Government Prompt Payment Act, payments shall bemade within forty-five (45) days after BPS’s receipt of invoice. BPS shall pay these fees to CONTRACTOR forservices rendered as outlined in Exhibit “B” which includes all direct charges, indirect charges, andreimbursable expenses, if any. BPS shall incur no obligation for payment until issuance of a purchase order toCONTRACTOR.3. CONTRACT PROVISIONS.The parties hereto agree to be bound by all of the terms and conditions of the COOPERATIVECONTRACT unless otherwise modified or specified herein.4. NOTICE.The parties hereto agree and understand that written notice, mailed or delivered to the last known

mailing address, shall constitute sufficient notice to BPS and CONTRACTOR. All notices required and/or madepursuant to this Agreement to be given to BPS and CONTRACTOR shall be in writing and given by way of theUnited States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:BPS:The School Board of Brevard County, FloridaAttention: Procurement & Distribution Services2700 Judge Fran Jamieson WayMelbourne, Florida 32940-6601CONTRACTOR:Lawson Masonry & Construction Company, Inc.1190 Queen StreetTitusville, Florida 327805. APPLICABLE LAW, VENUE, JURY TRIAL.Notwithstanding the provisions of the COOPERATIVE CONTRACT, the laws of the State of Floridashall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal actionregarding this Agreement, venue shall lie in Brevard County, Florida. The parties hereby waive their right totrial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by eitherof the parties hereto.6. MODIFICATION.The covenants, terms, and provisions of this Agreement may be modified by way of a writteninstrument, mutually accepted by the parties hereto. In the event of a conflict between the covenants, terms,and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executedinstrument shall take precedence.7. FUND AVAILABILITY.Services to be performed in accordance with this Agreement are subject to the annual appropriation offunds by the State of Florida and BPS.8. JESSICA LUNSFORD ACT (BACKGROUND CHECK).CONTRACTOR shall comply with the Jessica Lunsford Act, effective September 1, 2005, as samemay be amended from time to time and with all requirements of Sections 1012.32 and 1012.465, F.S. Exceptas provided in Sections 1012.467 or 1012.468, F.S., and consistent with BPS policy, all of CONTRACTOR’spersonnel who (1) are to be permitted access to school grounds when students are present, (2) will have directcontact with students, or (3) have access or control of school funds, shall successfully complete the backgroundscreening required by the referenced statutes and meet the standards established by the statutes and BPS.This background screening will be conducted by BPS in advance of the CONTRACTOR or its personnelproviding any Services under the conditions described in the previous sentence. CONTRACTOR shall bearthe cost of acquiring the background screening required by Section 1012.32, F.S., and any fee imposed by theFlorida Department of Law Enforcement to maintain the fingerprints provided with respect to CONTRACTORand its personnel. The Parties agree that the failure of CONTRACTOR to perform any of the duties describedin this section shall constitute a material breach of this Agreement entitling BPS to terminate immediately withno further responsibilities or duties to perform under this Agreement. CONTRACTOR agrees to indemnify andhold harmless the School Board, its officers and employees from any liability in the form of physical or mentalinjury, death, or property damage resulting from CONTRACTOR’s failure to comply with requirements of thissection or with Sections 1012.32 and 1012.465, F.S.9. PUBLIC RECORDS.IF THE CONTRACTOR HAS QUESTIONS REGARDING THEAPPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THECONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THISCONTRACT, CONTACT THE BPS CUSTODIAN OF PUBLIC RECORDS AT (321)SBBC Piggyback Agreement – Attachment “A” - 2

633-1000 ext. 11453, RECORDSREQUEST@BREVARDSCHOOLS.ORG,BREVARD COUNTY PUBLIC SCHOOLS, RECORDS MANAGEMENT, 2700Judge Fran Jamieson Way, Viera, Florida 32940.This Agreement is subject to and governed by the laws of the State of Florida, including without limitationChapter 119, F.S., which generally makes public all records or other writings made by or received by the Parties.Contractor acknowledges its legal obligation to comply with Section 119.0701, F.S. CONTRACTOR shall keep andmaintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to bekept and maintained by BPS in order to perform the scope of services. CONTRACTOR shall comply with allrequirements for retaining public records and shall transfer, at no cost to BPS, all public records in the possession ofCONTRACTOR upon a request for such public records. See Section 119.0701(2)(b)4, F.S., for additional recordkeeping requirements.10. FERPA.To the extent Services provided hereunder pertain to the access to student information, CONTRACTORshall adhere to all standards included in Sections 1002.22 and 1002.221, F.S. (the Protection of Pupil Privacy Acts),20 U.S.C. §1232g - the Family Educational Rights and Privacy Act (FERPA), the federal regulations issued pursuantthereto (34 CFR Part 99), and/or any other applicable state or federal law or regulation regarding the confidentialityof student information and records. Further, CONTRACTOR, and its officers, employees, agents, andrepresentatives, shall fully indemnify and hold BPS harmless for any violation of this provision including, but notlimited to, defending BPS and its officers, employees, agents, and representatives against any complaint,administrative or judicial proceeding, payment of any penalty imposed upon BPS, or payment of any and all costs,damages, judgments, or losses incurred by or imposed upon BPS arising out of the breach of this provision byCONTRACTOR, its officers, employees, agents, or representatives, to the extent that the CONTRACTOR, or itsofficers, employees, agents, or representatives, shall either intentionally or negligently violate this provision, Sections1002.22 and 1002.221, F.S., or other applicable state, local, or federal laws, rules, or regulations. This provisionshall survive the termination of or completion of all performance obligations under this Agreement, and shall remainfully binding upon CONTRACTOR. A separate Non-Disclosure Agreement may be required.11. JOINT AUTHORSHIP.This Agreement shall be construed as resulting from joint negotiation and authorship. No part of thisAgreement shall be construed as the product of any one of the parties hereto.12. E-Verify.Under Executive Order 11-116, and Section 448.095, Fla. Stat., effective July 1, 2020, Contractor shalluse the U.S. Agency of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify theemployment eligibility of all employees hired during the term of this Agreement. Contractor shall also require allsubcontractors performing work under this Agreement to use the E-Verify system for any employees they may hireduring the term of this Agreement. Contractor must provide evidence of compliance with 448.095, Fla. Stat byJanuary 1, 2021. Evidence may consist of, but is not limited to, providing notice of Contractor’s E-Verifynumber. Failure to comply with this provision is a material breach of the Agreement, and BPS may choose toterminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with BPS securingthe same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).EXHIBIT “A”ORIGINAL COOPERATIVE CONTRACT AND RELATED DOCUMENTS ATTACHEDSBBC Piggyback Agreement – Attachment “A” - 3

Purchasing ServicesW;Yerq2725 Judge Fran Jamieson WayBuilding C, Room 303Viera, Florida 32940PurchasingServicesNOTICE OF AWARDFEBRUARY 25,20218-6-21-36 CONCRETE SIDEWALK, CURB AND GUTTER CONSTRUCTIONPROCUREMENT ANALYST: Debbie FeingoldVENDORGoodson Paving lnc.Lawson Masonry &Construction Co., lnc.Cathcart ConstructionCompany-Florida LLCSparks Goncrete LLCVENDOR CITYAND STATEMEETS MINIMUMREQUIREMENTSLINE ITEMSAWARDEDGocoa, FLYES1-40Titusville, FLYES1-40Oviedo, FLYESPort Orange, FLTitusville, FLYES1-2,4-401-2,4-40AWARD AMOUNTEstimated AnnualExpenditureDriveways lnc. 340,000.00Statement of No-BidBOARD AWARD--AGENDA ATTACH EDXAPPROVED AWARD (NoN-BoARD AGENDA)(Per Sections lll.E. & lll.l. & J., BCC-25, PROCUREMENT)Steven A. Darling J r.,ntral Services DirectorAward to all responsive bidders, based on line item pricing, in accordance with the attached bid tabulationAward to other than low, with low bid being non-responsive.Award to low bid, less than three responses received.AWARDED BY A COMMITTEE CONSISTING OF: Bruce Black, Public Works; Debbie Feingold, Purchasing;Summer Wyllie, PurchasingFOR PURCHASING USE ONLY:ONE-TIME PURcHASE!XnntrNnxANNUAL BID:EFFECTIVE DATE: February 25,2021 ENDING DATE: February 24,2022RENEWAL OPTIONOne year X Four (4) additional one (1) year NoPerformance and payment bonds received with construction contract documentsRelease Cashier's or Certified Check Received for Bid Deposit on BidsSPECIAL INSTRUCTIONS TO AWARDED VENDOR:Please provide certificate of insurance.Please provide performance and payment bonds as requiredPlease provide W-9 (2018 version)Phone (321) 617-7390o g

revardREVISED BID TABULATION SHEETPurchasingSeruicesTitle: CONCRETE SIDEWALK coNSTRUCTION,CURB & cUTTER CONSTRUCTTONNo: 8-6-21-35DATE & TIME: February 12,2021 @ 10:00amTHROUGH:ITEMGoodson Paving lnc.Lawson Masonry &Constructlon Co., lnc.Calhcart ConstructionCompany-Flortda LLCSparks Concrete LLCco6oa, FLTituEvllle, FLOvledo, FLPort Onnge, .67SPECIFICATIONSwsl2 lte)FrADAReinlorcd S Slab wf@rer Fr sY (Se Sketch Afrached)CONCRETE CURB. INOEX 3OO/O.O.T.91&.mSPECIFICATIONSt1510 5.m6 12.SI t7M1os.@6175.@s5.@ 55.@DropCurb(2 0 feetfrde)N !4.&u0.mCurb Poored On Erishg sudace95.@ 156SHOULDER GUNER - INOEX 3OO/O,O.T-SPECIFICATIONSsos2m/ALL YGUTTER-INDEX3OO/DO.T. -z975.@s2mINLEITOPS11,M.m17 2,m.mI8ll mms.m.@g.s-@ 2,19.@s.m.620g.u.@52,510.m2182,@.@22176.@47152 1@.@s225.@t1.@.@ffim291?3775 ms75 mry!ryGR@P E-Cct Fr.d 4.m.@cublc yardNO 8tOMOTIEMOd'Concde SideElk 1m.@)EMOCudUOttulane.s22.2032322s.6s6m.@ 70m(Pice Fr Linear F@l)3739w 6s22.2035 t12m.m93.m.m3reup F - tumo33s.mM My, md wths.@310.@n theTEMENT OF NO.BID:kavetky,tnderlnc.Stomt1s.@sms1.@mFLAil items will be awarded to Goodson Paving lnc. and Lawson Mason ry & Construction Co., lnc. Line items I 2, 4 40 to be awarded to CathcartConstruction Company-Florida LLC and Sparks Concrete LLC. Award to be utilitzed per job based on price and availabilty of each contractor with the above tabulation./,"n.,,64Nv-

School Board of Brevard County2700 Judge Fran Jamieson WayViera, FL 32940-6601Mark W. Mullins, Ed.D., SuperintendentORIGINALMarch 25, 2021John CathcartCathcart Construction Company-Florida, LLC2564 Connection PointOviedo, Florida 37765Cathcart01@yahoo.comRequest to Utilize SolicitationSubject:1TB #8-6-21-36 Concrete Sidewalk, Curb and Gutter ConstructionDear Mr. Cathcart:State Board of Education Rule 6A-1.012(6) allows school districts to make purchases at or below the specified prices fromcontracts awarded by other city or county governmental agencies, other district school boards, community colleges, federalagencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements,when the proposer awarded a contract by another entity will permit purchases by a district school board at the same terms,conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantageof the district school board.With your permission, we would like to utilize above-mentioned solicitation that was awarded to your firm by Brevard CountyPurchasing Services. The terms, conditions, and prices awarded in such contract shall remain the same except as adjustedin Attachment "A". The term of this agreement shall be from the date of Board approval through February 24, 2022 withfour (4) additional one (1) year periods.If you agree to the School Board's request to utilize the solicitation that was awarded to your company, please sign belowelectronically, and send to the email listed below. You will be notified after the School Board's approval.Please contact Jennifer Wells at 321-633-1000, ext. 11106 or by email at wells.iennifer@Brevardschools.org if you shouldhave any questions. Thank you for your attention to this matter, and we look forward to working with you in the future.Sincerely,Rodrlguez.Krlstine@Procu Digitally signed ,byRodrlgue1.Knsune@Procuroml'nlrement and D·istr"i but·i0nend Dlslrlbullon Sarvlces.ServicesDate: 2021.03.25 10:12:5'7 .04 00·Kristine Rodriguez, MBA, NIGP-CPP, CPPO, CPPB, FCCMDirector of Procurement & Distribution ServicesCathcart Construction Company-Florida, LLC agrees to allow the School District of Brevard County, Florida to utilize thesolicitation that was awarded to your firm by Brevard County Purchasing Services. The solicitation title is ConcreteSidewC rb and Gutter Construction and the bid number is B-6-21-36./ 4f.-,c c."' "---. Printed Name and TitleAccepted:The School Board of Brevard County, FloridaMisty Belford, Board Chairpersoncc: Solicitation File (21-357-PB-JW)DateProcurement & Distribution ServicesPhone: (321) 633-1000 Ext. 11645 · FAX: (321) 877-0904Distribution: (321) 633-3680 Ext. 14100 FAX: (321) 633-3698Date

School Board of Brevard County2700 Judge Fran Jamieson WayViera, FL 32940-6601Mark W. Mullins, Ed.D., SuperintendentORIGINALMarch 25, 2021Doreen SparksSparks Concrete, LLC4106 S. Nova Rd.Port Orange, Florida 32127sparksconcrete@cfl.rr.comSubject:Request to Utilize SolicitationITB #B-6-21-36 Concrete Sidewalk, Curb and Gutter ConstructionDear Ms. Sparks:State Board of Education Rule 6A-1.012(6) allows school districts to make purchases at or below the specified prices fromcontracts awarded by other city or county governmental agencies, other district school boards, community colleges, federalagencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements,when the proposer awarded a contract by another entity will permit purchases by a district school board at the same terms,conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantageof the district school board.With your permission, we would like to utilize above-mentioned solicitation that was awarded to your firm by Brevard CountyPurchasing Services. The terms, conditions, and prices awarded in such contract shall remain the same except as adjustedin Attachment “A”. The term of this agreement shall be from the date of Board approval through February 24, 2022 withfour (4) additional one (1) year periods.If you agree to the School Board’s request to utilize the solicitation that was awarded to your company, please sign belowelectronically, and send to the email listed below. You will be notified after the School Board’s approval.Please contact Jennifer Wells at 321-633-1000, ext. 11106 or by email at wells.jennifer@Brevardschools.org if you shouldhave any questions. Thank you for your attention to this matter, and we look forward to working with you in the future.Sincerely,Kristine Rodriguez, MBA, NIGP-CPP, CPPO, CPPB, FCCMDirector of Procurement & Distribution ServicesSparks Concrete, LLC agrees to allow the School District of Brevard County, Florida to utilize the solicitation that wasawarded to your firm by Brevard County Purchasing Services. The solicitation title is Concrete Sidewalk, Curb and GutterConstruction and the bid number is B-6-21-36.SignaturePrinted Name and TitleAccepted:The School Board of Brevard County, FloridaMisty Belford, Board ChairpersonDatecc: Solicitation File (21-357-PB-JW)Procurement & Distribution ServicesPhone: (321) 633-1000 Ext. 11645 · FAX: (321) 877-0904Distribution: (321) 633-3698Date

School Board of Brevard CountyProcurement & Distribution Services2700 Judge Fran Jamieson WayViera, FL 32940-6601ATTACHMENT “A”PIGGYBACK AGREEMENT BETWEENTHE SCHOOL BOARD OF BREVARD COUNTY, FLORIDAANDSPARKS CONCRETE, LLCTHIS AGREEMENT is made by and between The School Board of Brevard County, Florida (alsoknown as Brevard Public Schools and hereinafter “BPS”), a political subdivision of the State of Florida, locatedat 2700 Judge Fran Jamieson Way, Melbourne, Florida 32940-6601, and Sparks Concrete, LLC (hereinafter“CONTRACTOR”), located at 4106 S. Nova Rd., Port Orange, Florida 32127.W I T N E S S E T H:WHEREAS, Brevard County Purchasing Services issued an Invitation to Bid, B-6-21-36 (hereinafter“ITB”) requesting proposals to provide Concrete Sidewalk, Curb and Gutter Construction;WHEREAS, CONTRACTOR submitted a proposal in response to the competitive solicitation, whichresulted in an agreement between Brevard County Purchasing Services and CONTRACTOR for said, ConcreteSidewalk, Curb and Gutter Construction, incorporating the proposal submitted in response to the ITB;WHEREAS, BPS has determined that it is in its best interest to make a cooperative piggy-backpurchase, utilizing said agreement between Brevard County Purchasing Services and CONTRACTOR,effective February 25, 2021 through February 24, 2022, with four (4) additional one (1) year periods, attachedhereto as Exhibit “A” and made a binding part hereof by this reference, hereinafter referred to as“COOPERATIVE CONTRACT;” and,WHEREAS, CONTRACTOR has exhibited by its response to the solicitation that it is capable ofproviding the required services;NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein,the parties hereto agree as follows:1. TERM.The term of this Agreement shall be from April 27, 2021 through February 24, 2022 and may, uponmutual written agreement of BPS and CONTRACTOR, be extended for any renewal period as detailed in theoriginal solicitation. BPS, through its Procurement & Distribution Services Department, will issue a renewalrequest letter prior to the end of the current contract period.2. PRODUCTS, PRICING, AND PAYMENT.CONTRACTOR will provide products and pricing as specified in Exhibit “A” attached hereto and madea binding part hereof. In accordance with Florida’s Local Government Prompt Payment Act, payments shall bemade within forty-five (45) days after BPS’s receipt of invoice. BPS shall pay these fees to CONTRACTOR forservices rendered as outlined in Exhibit “B” which includes all direct charges, indirect charges, andreimbursable expenses, if any. BPS shall incur no obligation for payment until issuance of a purchase order toCONTRACTOR.3. CONTRACT PROVISIONS.The parties hereto agree to be bound by all of the terms and conditions of the COOPERATIVECONTRACT unless otherwise modified or specified herein.4. NOTICE.The parties hereto agree and understand that written notice, mailed or delivered to the last known

mailing address, shall constitute sufficient notice to

If you agree to the School Board's request to utilize the solicitation that was awarded to your company, please sign below electronically, and send to the email listed below. You will be notified after the School Board's approval. Please contact Jennifer Wells at 321-633-1000, ext. 11106 or by email at wells.jennifer@Brevardschools.org if you .