A. Taxes - The City is exempted from Federal Excise Taxes, State of Tennessee and local sales taxes and Proposer must quote prices which do not include such taxes, unless by law the taxes must be a part of the price. Exemption Certificates will be furnished upon request. B. Indemnification - The City of Kingsport, its officers, agents and employees shall be held harmless from liability from any claims, damages and actions of any nature arising from the use of any service and/or materials furnished by the Proposer, provided that such liability is not attributable to negligence on the part of the using agency of failure of the using agency to use the materials in the manner outlined by the Proposer in descriptive literature or specifications submitted with the Proposal. The City will not indemnify the successful Proposer. C. Patent Liability - The successful Proposer, at his own expense, will defend any suit which may be brought against the City to the extent that it is based on a claim that the goods furnished through a contract/agreement infringes a United States patent, and in any such suit will pay those costs and damages which are attributable to such claims and finally awarded against the City. D. Limitation of Remedies - Any remedies in the Proposer's Proposal, to include Agreement, License Product Agreement, Terms and Conditions, Literature, etc., that may be considered in agreement to waive the legal rights of the citizens of the City of Kingsport may be considered cause for rejection E. All agreements related to the purchase and sale of any product pursuant to this bid document will include the following conditions: "Notwithstanding anything in this section to the contrary, any provision of provisions of this Section will not apply to the extent they are (it is) finally determined by a court of competent jurisdiction, including Appellate review if pursued, to violate the laws or Constitution of the State of Tennessee." F. Insurance - During any work performed by the successful Proposer(s) on the premises of the City or otherwise, the successful Proposer(s) agrees to take such measures as to effectually prevent any accident to persons or property during or in connection with the work; and especially to indemnify and save harmless the City from all loss, costs, damages, expense and liability for property damage and for bodily injuries to, or death of, any persons, including without limitation, as to both property damage and bodily injury, and the Proposer and the City and their representative agents and employees, occasioned in any way by the acts or omissions of the Proposer, or the Proposer's agents, employees, during or in connection with said work, excepting only property damage, bodily injury or death caused by the sole negligence of the City, its agents or employees. The successful Proposer shall maintain such insurance as will protect it from claims under Workers' Compensation Acts and from any claims for bodily injuries, including death, either to its employees or others, and from all claims on account of property damage, which may arise in connection from said work. All Certificates of insurance and policies shall contain the following clause: "The insurance covered by this Certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by the City." All questions regarding this Request for Proposal must be submitted to Brent Morelock, Procurement Manager, at the following email, brentmorelock@kingsporttn.gov , no later than February 15, 2023 at 4:00 P.M. Eastern Time. By submission of a signed proposal bid, the bidder certifies total compliance with Title VI and Title VII of the Civil Rights Act of 1964, as amended, and all regulations promulgated thereunder. No submitted proposals may be withdrawn for a period of one hundred twenty (120) days after the scheduled closing time of the receipt of proposals. All proposals shall be signed, sealed and addressed to the Procurement Manager, City of Kingsport, 415 Broad Street, Kingsport, TN 37660 and marked in accordance with the RFP documents. The City by its governing regulations reserves the right to accept or reject any or all proposals received, to waive any informalities in bidding and to re-advertise. The City supplies MRO, janitorial, plumbing, electrical, industrial items to approximately 20 different buildings. All deliveries for the City have three delivery locations, 609 W. Industry Dr., 853 Bays Mountain Park Rd., & 1820 Meadowview Pkwy. Some of the most ordered janitorial items include, but are not limited to, large roll toilet paper, brown roll towels, white roll towels, 5 gal. buckets of NABC, 45 & 15 gallon trash bags, Clorox clean up, 24 oz. mop heads, rubber gloves, hand soap. There are approximately 150 toilet paper roll holders, 100 hand sanitizer dispensers, 125 soap dispensers, & 15 NABC stations in City buildings. The Schools have 16 school locations for deliveries to be made to (see next page). Some of the most ordered janitorial items include, but are not limited to, trash bags, filters, paper towels, toilet tissue, soap, mops, brooms, chemicals, floor wax, floor stripper, top scrub, vacuum bags. The most ordered equipment includes, but is not limited to, bathroom machines, carpet cleaners, floor scrubbers, back pack sprayers, floor buffers, carpet shampooers, & vacuum cleaners. Chemicals with provided dispensers include, but are not limited to, BC-15, tri-base multipurpose cleaner, damp mop, peroxy multipurpose, HDQ C2 disinfectant cleaner, consume deodorant, halt disinfectant, glass cleaner, bathroom cleaner, xcelente multipurpose cleaner.
.webp)
