St. Lucie Public Schools
SUPERINTENDENT
Purchasing Department
Genelle Zoratti Yost
4204 Okeechobee Road
Fort Pierce, Florida 34947
Voice – (772) 429-3980 Fax – (772) 429-3999
April 23, 2014
TO:
All Prospective Proposers
FROM:
Kim Albritton
Coordinator of Business Services
RE:
ITB 14-28 – Fire and Burglar Alarm Monitoring (including Burglar Alarm Repair)
ADDENDUM 2 TO ITB 14-28 – Fire and Burglar Alarm Monitoring (including Burglar Alarm Repair)
This addendum is issued as a part of the aforementioned ITB. The changes incorporated herein are an
amendment to and supersede those conditions shown in the original solicitation. The Proposer shall
acknowledge receipt of this addendum by signing this form and returning with their submittal. Failure to do so
may subject Proposer to disqualification.
Q1. Your ITB clearly states that a contractor may not add anything to the contract. Will St. Lucie Schools add
a Limited Liability Clause to prevent the winning contractor from being forced to function as an insurer? This is
because an alarm monitoring company is not an insurance company, and should not be held liable for
damages incurred by instances for which the company is contracted to detect.
A1. The District has added the below language to the ITB under terms and conditions (as item 43):
43. It is understood that neither the Contractor nor any third party designated by the contractor which provides
service to the subscriber is an insurer, that insurance, if any, shall be obtained by the subscriber and that the
amounts payable to the contractor hereunder are based upon the value of the services and the scope of
liability as herein set forth and are unrelated to the value of the subscriber’s property or the property of others
located in subscriber’s premises. Contractor makes no guarantee or warranty, including any implied warranty
of merchantability or fitness, that the system or services supplied will avert or prevent occurrences or the
consequences therefrom which the system or service designated to detect. The subscriber does not desire
this contract to provide for the full liability of the contractor or any such third party and agrees that the
contractor and any such third party shall be exempt from liability from loss or damage due directly or indirectly
to occurrences, or consequences therefrom, which the service is designed to detect or avert. If the contractor
or any such third party should be found liable for loss or damage due to a failure of service in any respect, its
liability shall be limited to actual damages caused by the service failure. Further, if a connecting company is
using the transmission facilities of contractor, the connecting company agrees to include in all of its contracts
with its subscribers who receive service through the connection involved herein, a clause protecting contractor
from any liability, cost and expense including attorney’s fees in defending any claim made against contractor,
beyond that set forth in this paragraph.
**** ITB due date and time remains unchanged: May 1, 2014 - 3:00 p.m. ****.
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Name (Please Print)
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Company Name
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Signature (Authorized Representative of Company)
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Date