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1927 Pace Company Inc.TO: City Clerk FSE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Payment and Performance Bond ❑ Resolution ® PBA 17/18-36 DH Pace Company Inc Once completed, please: ❑ Return originals ❑ Return copy Special Instructions: Attached copy is for City Clerk records Thank you! A,; From TADept_forms\City Clerk Transmittal Memo - 2009.doc ❑ City Mayor's Signature ® City Clerk Record Keeping ❑ Safe Keeping ❑ City Attorney's Signature ❑ City Clerk's Signature &611 q h T- - ate D. H. Pace Company, Inc. (Doing Business As D. H. Pace Door Services Of Orlando) Piggyback Contract (PBA 17/18-36) The City of Sanford ("City") enters this "Piggyback" Contract with D. H. Pace Company, Inc., a Delaware corporation (hereinafter referred to as the "Vendor"), doing business as D. H. Pace Door Services Of Orlando, whose address 1901 East 119th Street, Olathe, Kansas 66061, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Seminole County, Florida, said contract being identified as "Term Contract For Overhead Door Repair, Replacement And Maintenance Services (IFB-602450- 15/TLR)" in order for the Vendor to provide repair, replacement and maintenance services for overhead doors, and related, projects, programs and activities (said original contract being referred to as the "original government contract") (2). The original government contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein; provided, however, that the City will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical 1 provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: N/A. (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Robert Beall, Operations Manager, Public Works and Utilities Department, Parks and Grounds Operations Division, City of Sanford, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5000 (Extension 5423) and whose e-mail address is Robert.BeaI1@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. IN (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. (h). (1). IF THE CONTRACTOR/VENDOR HAS QUESTIONS STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, (II). In order to comply with Section 119.0701, Florida Statutes, public records laws, the Vendor must: (A). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 3 (B). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (C). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (III). If the Vendor does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (IV). Failure by the Vendor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Vendor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this 3 day of , 2018. 2 Attest: Brian C. Gillespie Vice President/Secretary Attest: Approved as to form and legal s L. Colbert fwf✓ w� (L / � Uyl ��� Az/I 5 D. H. Pace Company, Inc., a Delaware corporation, doing business as D. H. Pace Door Services Of Orlando. B: r EWCOMER P or EXECUTIVE VICE-PRESIDENT Date: City Of Sanford _7 By: Jeff Triplett, May IPA Exhibit "A" [Attach original government contract] Exhibit "A" [Attach original government contract] REPLACEMENT SERVICES TRIS AGREEMENT is made and entered into this 9 y of 20_ r , by and between D.R. PACE CO., INC. d/b/a D.H. PACE DOOR. SERVICES OF ORLANDO, duly authorized to conduct business in the State of Florida, whose address is 3839 St. Valentine Way, Orlando, Florida. 32811, hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter refer d to as "CQUNT'Y°. WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide repair, replacement and maintenance services for overhead doors to Seminole Counts, and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent, qualified and desires to provide services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY does hereby retain CONTRACTOR to fiunish services as further described in the Scope of Services attached hereto as Exhibit A and made a part hereof. CONTRACTOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto. Required services shall be specifically enumerated, described and depicted in the CERTIFIED COPY MARYANNE MORSE Term Contact for Overhead Door Maintenance, Clerk of Circuit Cour# cad Comptroller Repair and Replacement Services SEMINOLE C1111111y, KURIOA (IFB-602450.15lTLR) Page i of 19 ° CSA Release Orders authorizing specific services. This Agreement standing alone does not authorize services or require COUNTY to place any orders for work. Section 2. Term. This Agreement shall take effect on the date of its execution by COUNTY and shall run for a period ofthree (3) years. At the sole option of COUNTY, this Agreement may be renewed for two (2)successiveperiods not to exceed one (1) year each. Expiration of the term ofthis Agreement shall have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until delivery and acceptance of the services authorized by the Release Order. The first three (3) months of the initial tem shall be considered probationary : During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Services. Authorization for provision of services by CONTRACTOR under this Agreement shall be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached hereto as Exhibit B. Each Release Order shall describe the services required and shall state the dates for performance of services and establish the amount and method of payment. The Release Orders will be issued under and shall incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IEB-602450-151rLR) Page 2 of 19 Section 4. Time for Completion. The services to be provided by CONTRACTOR shall be perform4 as specified in such Release Orders as maybe issued hereunder, within the time specified therein. Section 5. Compensation. COUNTY agrees to compensate CONTRACTOR for the professional services provided for under this Agreement on a "Fixed Fee" basis. When a Release Order is issued for a Fixed Fee basis, then the applicable Release Order Fixed Fee amount shall include any and all reimbursable expenses. Compensation shall be paid at the rates as shown on Exhibit C, Price Schedule, attached hereto. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all service required by the Release Order, but in no event shall CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order services actually provided, but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) Payments shall be made by COUNTY to CONTRACTOR when requested as services are furnished but not more than once monthly. Each Release Order shall be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any services provided, the cost of the services therein, the name and address of CONTRACTOR, Release Order Number, Contract Number and any other information required by this Agreement. Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15fMR) Page 3 of 19 The original invoice and one (1) copy shall be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 Two (2) copies of the invoice shall be sent to: Seminole County Public Works Department 200 West County Home Road Sanford, Florida 32773 (d) Upon review and approval of CONTRACTOM invoice, COUNTY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory performance of services required hereunder and upon acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment hereunder. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in subsection (b) of this Section, and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct of this audit shall not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidence pertaining to services provided under this Agreement in such a manner as will Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFM02450-15i TLR) Page 4 of 19 readily conform to the terms of this Agreement and 'to make such services available at CONTRACTOR's office at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section S. Responsibilitics of CONTRACTOR Neither COUNTY's review, approval, or acceptance of nor payment for any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the services furnished under this Agreement. Section 9. Termination. (a) COUNTY may, by written notice to CONTRACTOR terminate this Agreement or any Release Order issued hereunder, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries and any and all such other information and services of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15/n R) Page 5 of 19 (b) If the termination is for the convenience of COUNTY, CONTRACTOR shall be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fWM its Agreement obligations, COUNTY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR; provided, however, that CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR (d) If after notice of termination for failure to fulfill its Agreement obligations it is determined that CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price shalt be made as provided in subsection (b) of this Section. (e) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 14. Agreement and Release Order in Conflict. Whenever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement shall prevail. Section 11. Equal Opportunity Employment. CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement Term Contract far Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15M R) Page 6 of 19 because ofrace, color, religion, sex, age, disability or national origin and will take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift or other consideration contingent upon or resulting from award or malting of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement at its sole discretion, without liability, and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Section 13. Conflict of Interest. (a) CONTRACTOR agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation or government unit that would create a conflict of interest in the performance ofits obligations pursuant to this Agreement with COUNTY. (b) CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. Team Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15lrLR) Page 7 of 19 (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee or agent to violate Chapter 112, Florida Statutes, COUNTY shall have the right to terminate this Agreement. Section 14. Assignment. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered under any circumstances by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. Section 15. Subcontractors. In the event that CONTRACTOR, during the course of the work under this Agreement, requires the services of subcontractors or other professional associates in connection with services covered by this Agreement, CONTRACTOR must first secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. Section 16. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees and agents against any and all claims, losses, damages or lawsuits for damages arising from, allegedly arising from or related to the provision of services hereunder by CONTRACTOR Section 17. Insurance. (a) General. CONTRACTOR shall, at its own cost, procure insurance required under this Section. (1) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer, evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers and Term Contract for Overhead Door Maintenance, Repair and Replacement Services (EM-602450-I5/TI R) Page 8 of 19 employees shall be named additional insured under the Commercial General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of insurance. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance shall provide that COUNTY shall be given, by policy endorsement, not less than thirty (3 0) days written notice prior to the cancellation or non -renewal or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) The Certificate of Insurance shall contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the Insurance requirements of this Agreement. The Certificate of Insurance shall have this. Agreement mimber clearly marked on its face. (3) In addition to providing the Certificate of Insurance, on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall, within thirty (30) days after receipt of the request provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. Certified copies of policies may only be provided by the insurer, not the agent/broker. (4) Neither approval by COUNTY, nor failure to disapprove the insurance furnished by CONTRACTOR, shall relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemnification of COUNTY under this Agreement. Term Contract for Overhead Door Maintenance, Repaw and Replacement Services (1FB-602450-15M,R) Page 9 of 19 (b) Insurance Comnany Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Florida Office of Insurance Regulation. (2) In addition, such companies shall have and maintain, at a minimum, a Best's Rating of"A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (i) lose its Certificate of Authority, or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as it has knowledge of any such circumstance, immediately notify COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR shall be deemed to be in default of this Agreement. (e) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agreement, the insurance shall become effective upon execution of this Agreement by CONTRACTOR and shall be maintained in force until the expiration of this Agreement's term and/or the expiration of all Work Orders issued under this Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY shall Term Contract for Overhead Door Maintenance, Repair and Replacement Services PM-602450-15frLR) Page 10 of 19 constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by COUNTY. The amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for liability which would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy shall be: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) Term. Contract for Overhead Door Maintenance, Repair and Replacement Services PB-602450-15JTZR) Page I i of 19 CAI CON shtsll c,,)ticrC0KYRAi: IOC,; f..,r t tr.:c. ..Uur.:,N -:f li:ibiMY -whici. %vo altt h4 t= VU(NIT b, tl.e 'Jtt:,: c.tlitiott aat tj 1,t.Tt3t<rd i:t+mmesri3l t'xsnt;ra;l t jotility t.'tl+cragL F ori (ISO Form Cu Utf Iti) a; Blixt f;)r use hi ilk% State of F14061a by thv In-zural i:L c7liit+ Offii.t itl'hout tilt at:;;^: iritcnl of ri-strit:tite t:nriomement,. o't+irr Lhin the ciirni:iatton of CoN ;:f t ¢ ..tiivdival Pm. mead .(rid the C irnmat:tsn of t.iiven.ale 1�r i im I.}ainage Legal 1. tability. (8) 77'.x. mizimt.rr. lttirits u, tat: ii;ajoujar d b\ C ONTRAt"I ()ft Owli : i :c ut any u. -.,v tun':: hit s ijc J ha _li I ImhTc•11a ci, lrnit;:yl , hall he aF i;TlIut L: ci neld, ;s.ggrt gi1% 7'wt, I iirtcs f 2t. f the Eiidi Occutrt-ux: t i!r,-;i Yem nal & Ac veiii:-utg SI.QW.U04.G0 lajufy Limit f•ach 0=lrretlre Llnfit I .Utl(?,ptlt}.U'I 44 _ 1 :..., , - k!ti rtes r' Gi tt�Y!xifisSivrra! 'l , r' . ��.�,r I.ra.€-rt34�v--itf�mc>. ui•:�i Ii:s:i3-.-,-.•E�1csi—l�t.� ?l:ut! fkrt=-�ziil-.�i �;�•ltd--�►l;� ��G (4) E'utiU. (A. CONTRA(` RA(` IDR'c iustr,uite thbdh' cover CON I'RAC IOk for ti me wum,t- o4*iiz;bilay which tis -t --W i k- t.•vti, .t kv [gat t IN' of the :at st ixtitim of the stawl rd F3t> inr a :tutu lkilicc (NO 1't11m CA W ra;) as ftlixf .i1or u,c hi dw Sutc of Flonda by the in.ureticv Smices t3f'tt:t--. testi mt the attcchmolt o rr.'!i ,:1iw cndorsnmt i.i. L t7%E gc ` mJ. iqclude trim'!, r11011- owiv-1r Linn h.'rtJ x,b tc or any auto,,•. (8) The rafini,'m r, lin-du to be nwi:qttinW by CONTRA(TOR (indw4ve t•: J by un I t+ilT'✓O' a (y fWw? s Il dc%•, 1h,%'t w m'i z,%i fw Gttrtll in"i +tri ttG :in•ii for ttodily fili:i:-V ii.tbili.-V a:.d p4k:p dv &mra�;f: Fatrilit). If the c>n.gr.:g� i:, sub)cx; to n _._._ _.._. `i::z,a t'r~ar. � fut th::h; ad .rk+rtr a3.t;at•�!>.:t�, a�rr 12 a;f 1'• aggregate, CONTRACTOR shall maintain separate aggregate limits of overage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by CONTRACTOR shall be a minimum of three times (3x) the per -accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of overage under the Business Auto Policy shall be: Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary and non-contributory basis and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers or employees shall be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements shall not relieve CONTRACTOR, its employees or its agents of liability from any obligation under a Section or any other portion of this Agreement. Section 18. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15frLR) Page 13 of 19 filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures", Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the Prompt Payment Procedures arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contract Claims", Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary services that were not presented for consideration in COUNTY dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 19, Representatives of COUNTY and CONTRACTOR (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement will arise. COUNTY, upon request by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining to the day to day conduct of this Agreement shall be addressed. The designated representative shall have the authority to transmit instructions, receive information and interpret and define COUNTVs policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of and bind CONTRACTOR Term Contract for Overhead Door Maintenance, Repair and Replacement Services PB -602450 -ISM -R) Page 14 of 19 regarding all matters involving the conduct of the performance pursuant to this Agrc ment and shall keep COUNTY continually and effectively advised of such designation. Section 20. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. Section 21. Modifications, Amendments or Alterations. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 22. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. Section 23. Employee Status. Persons employed by CONTRACTOR in the performance of services and fimctions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services furnished by CONTRACTOR not specifically provided for herein shall be honored by COUNTY. Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15M,R) Page 15 of 19 Section 25. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. (6) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.071, Florida Statutes, with regard to public records, and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement; (2) provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and (4) meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with the information technology system of COUNTY. Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15/TLR) Page 16 of 19 (c) Failure to comply with this Section shall be deemed a material breach of this Agreement, for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. Section 26. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statures, ordinances, nates and regulations pertaining to or regulating the provisions of such services including those now in effect and hereafter adopted Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 27. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented or unpatented invention, process or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY which will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY agrees to return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 28. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United Stages mail, return receipt requested, Term Contract for Overhead Door Maintenance, Repair and Replacement Services (IFB-602450-15II iR) Page 17 of 19 addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with. the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to -wit: For COUNTY: Seminole County Public Works Department 204 West County Howe Road Sanford, Florida 32773 For CONTRACTOR: D.H. Pace Co., Inc. dlb& D.H. Pace Door Services of Orlando 3839 St. Valentine Way Orlando, Florida 32811 Section 29. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Ag wrient are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the patties hereto have made and executed this Agreement on the date below written for execution by COUNTY. ATTEST: secrctasy D.H. PACE CO., INC. d/b/a D.H. PACE DOOR SERVICES OF ORLANDO By: -- /l/wda LEN, Vice -President Date:_�i1p�� Tenn Contract for Overhead Door Maintenance, Repair and Replacement Services (MB-602450-151TLR.) Page 18 of 19 Witness wk Print Nam /xjz z 4�, Prins ame For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. 11/18/15 2/10/16 P.WuM egaiSesaetaryCSBT=heaing2016M-602450.doex Attachments: Exhibit A — Scope of Services Exhibit B — Sample Release Order Exhibit C — Price Schedule COUNTY, FLORIDA - RAY H Purchasing and Co anal Date:- As authorized for execution by the Board f Co ty Commissioners at regulak meeting. `PAL A- ig39,16 Term Contract for Overhead Door Maintenance, Repair and Replacement Services (I17B-602450-I5MR) Page 19 of 19 ExhR* A' �, •' 1 - R; r �, 4��) ,-• 4: ti-. � .Y:-�� a r'I, t�= � ., :-. •;r:., ,♦ sem. •:-; ,.:..: r s I w N`.: s .r:. • ♦ '.r : ;: .• F • g • r ♦ Y. a ♦ is [:: r' ......• • t ♦ C • a r•: Y r. i Nr tr>wa :rI i• i! ••: • • - t it - t Nom, t • N• .=,a v c ♦ _ s �• t,. Exhibit A A. CONTRACT DOCUMENTS — the documents that will form the Contract f s the parties, including the uln0lation to Bid (which Includes the Scope of Services)% any attachments or addendum thereto, the CONTRACTOR's "Proposer and the executedagreement B. COUNTrS REPRESENTATIVE — the designated official to represent the COUNTY. The Fleet and Facilities Division Manager of the COUNTY or hMw designee shall be the COUN7Ys representative for the purpose of the contract documents. Contract .,1.: documents the approval,♦ ?p#-;•. consent,♦to. Y:: t • direction, or other tef" of the 'cF I . ::'♦. such actions shall relate to the COUNTY!s representative unless the context or a provision of law otherwise specifies ft action to be taken by the Board of County Conimissioners or a person who is not the COUNTYs representative. D. PROJECT MANAGER - The person with authority to manage a profea This includes leading the planning and the development of all project deffimrables. Thz project manager Is responsible for managing the budget and work plan and all Project Management Procedures (scope management, Issues managerrmt, risk management " i T - a-� d.i is 1 s. • : it;f+ .r" �,f�. i Fes' •♦ r c • t r, 3 F: s -x • c • Fsv � r . i a c ta.� s: r ,. _i c i t �:,'1 A. The Contractor shall assign only qualified personnel to perform wo* on County Facilities. s Euhlbft W AL Contractor personnel are required to weer unffbrms displaying their company mme to adequately Identify them as company staff. The Contractor shall ensure that all of its employees am dean, nest and appropriately attired during the perfbn-nance of the services. B. The Contractor shall take all measures necessaryto comply t a' ensure their employees comply with security rules and regulations of the County. C. All Contractors' staff that will work at Seminole County locations must pass a background dieck. To work at a Seminole County Courthouse kxsfion and any other restrictive am, the Contractor shall submit a list of all staff that will be assigned to the prciect. For each staff member the foUmving Information (full name, date of birth, drivers license number, state drivers license Issued and Soclal Security number) will be provided to Saminde County for background check (at Contractor expense) to be conducted by the Seminole County Sheffs office. Approval or denial of accew Is based on the results. To wwork at all other S6miriole County locations, Contractors'staff must complete „ F i ♦ - check (at Contractor expense) and be approved by Met & Facilities Manager and (www,fdle.state.fl.ustcrimina#iistory/) Public Records for required Information and met per applicant 41 • i :r MIf E. The Contractor shall remove from County promises; any of his empbyeas' who, In the opinion of the County's representative, or designee, Is not performing th�4 services In a proper manner, or who is Incompetent, dlsorderb4 abusive, dangerous, disruptive, or does not comply with the rules and regulations of the CouW The Contractor shall In no %viy, Interpret such removal to require dismissal or otherrwflinary action of ♦. t y F. The Contractor shall prevent any of Us employees from opening, tampering with, using or moving any Items of equipment such as calculators, computers, telephones, fax machines, storage containers, desks, etc., or entering Into any area unless required in the perfbrmanoe of the services. loll 'I MAMA w 44446, R.- Yi. MATER S: Materials and equipment shall be new, unless otherwise specified and meet or exceed the applicable spec ificaltons and standards. Exhibit A" PURCHASEVill. COORDINATION OF WORK — TIME FOR PERFORMANCE AND ISSUANCE dQ ORDER: .!-; '+� _: w' (::Fit# �: I sem. ��-i s :f .1-•. }1 •..._ t.. .,► _ . ;d,;. .,.:. w,_:n. ..:}. �� - � i � •>- •.� s -`s �.� :.,:111P.4. • Division'sfl. Performance period in calendar days mutually agreed upon by the County's representative and the contractor. C. The contractor shag be responsible for service delivery with the Flen) & Facilities ♦ • f. e. coordinating 1. Ensure all required documents and priolng data is provided to support the contractcWs proposal. if. Review and/or analyze each proposal. Ill. Negotiate all proposals as appropriate. hr. Sign, date and cerfify on the proposal or separate document that it has been reviewed and/or negotiated, the prim is fair and reasonable and consistent with work to be perfiorrried. v. Only Fteat & Facilities Managementt.Managerand hkAw designees shall submit the above lnfbrm*Uon to the Purchasing and Contracts Division with a requisition for the Issuance of a purchase order. Only purchase orders issued by Seminole County's Purchasing and Contracts DWIon are authorized fbr use undercontract. Ex lbK fA+ It'. !' • .• • ♦ ♦: F • S: i 1. ♦ i " r , i b. unauthorized ♦'services. A. If manuals are required, Contractor will be notifled to this effed prior to Issuance of order. 11L. The manual shall Include the manufacturees mainienance and operatirm- Instructions, parts list, and serial numbers for off operating equipment N C. Upon completion of the vmfk, the Contractor sWI put the systems into service. The contractor shall be entirely responsible for ft equipment during the testing operations. AL Initiate, maintain and supervise oil safety precautions and programs in connection with Its services or peftrmance of its operations under this contract. B. Take all reasonable precautions to prevent Injury to employees, including County employees and all other persons affected by their operations. Take all reasonable precautions to prevent damage or loss to property of Seminole County, or of other vendors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. X!. RE -REPAIR: The CONTRACTOR shall monitor, tracks and Identify services that require re -repair. The CONTRACTOR shall not include the cost of such repairs in the monthly. statementlinvoice. E)di t Ai X11. PRECENTAGE DISCOUNTS. The percentage discount (20%) from catalog/category fist prices must be firm for one year from execution of agreement. Prices shall include delivery and service. The percentage (%) of discount shall apply to ALL items within the applicable category. Only one percentage of discounts from one catalog and/or price list will be allowed for each category. The respective discount(s) shall apply to any and all items purchased within the applicable category from this contract. Catalogs and price lists shall be pre-printed by the manufacturer for use within the industry. Specially printed catalogs andtor price lists will not be considered. The discount MUST be from the same catalog and price list, used to calculate the price for items listed in each category of the item listing as well as apply to the same quantity column if column prices based on quantity exist. Any new items should be available at the established discount rates of the respective categories. Contractor will provide information showing catalog pricing and the discounted amount with ALL requested quotes. A•'� �,' 3: ,ice: -'-i zs] .-u WMA4A ,f Board of County Commissioners Semkx* County, Roma ORDER_ �...� Page 1 ORDER NUMBER: Exhlblt "B" Terms and Conditions 1. AGRESENT. This Purchase Order Including these terms, conditions, and other referenced documents such as sarcitatims, slwficatts, and responses conalmute the see and entire agreement betvreen the parties hem. The County does hereby retain the Suppler to furnish those eanriceskornmoditles and perform those tasks as described in title purdaaso order aid as further described It the scope of servim. ached hereto and hcorporated here&% I applicable. This order sFtisl be construed ata! interpreted under the laws of me Stare of Florida. &*diahmt and vantue, with resect to any aal In conned with thus order, shall reske in Seminole County, Fbdda. 2.0B.lVMY OF 13OOD8 AND SERVICES. Failure to deliver the hems or provide tine service hely ordered W dry within the time specified shall enft the County to canoel thts order hof ft Supplier aocoumlable therefore, and trey charge the Supplier with any increased cost or other loss Incurred thereof p urmnt lo Chapter 672 of the Floft Statutes, tadm deft -ed shdpmerd Is requested And agreed to by the Comfy In writing. Payment or acceptance of any kern after the delivery dab di not constku e a waiver of the County's right to cancel ft order with respect to subsequent deliveries_ 3. WARRANTY. Supplier warrants all materials and services covered by this outer te d rm sur * to the spechicaffona, d awiitgs, or samples as speeded or fumWIK and to be fee from talent or patent defects in material or . If no quality is speafied, the Supplier- warrants b County that the goods or service Alan be of the fast grade of their respective kinds, or will meat or exceed the applicable standards for the Industry represented, and is fit for Coun" particular purpose. Super further warrants that at the tine the goods or services are accepted by Go". they:Ael have been produced, sold, daliveted, and furnisher! In strict compliance wkh all a Fedand and State laws, municipal ordInmhces, regulations. rules, d agreements, and wodting conditions to which the goad or services are sublet In addition to, and not ii leu of the above, that at One Anne of Acceptance, tea goes Or services are apglable, meet or exceed the apgiicabde standards imposed by (S) CorsumerProduct Safety Act,. (b) Occupational Salety and Haattim Act (Public law 91- W1, as Amended, (c) Fair Labor Standards Act, as Amended, anal (d) the goods and services furnished henutrndw are free of any tains or Nets of whatever nature %thenar rightful or otherwise of any pennon. cotpotaton, partnership, or assodefim 4. MODIFICATIONS. This order can be modified or'r'Sclnded only In willing by the partes or their duly Authorized amts. 6. TERMINATION, The Comity may, by written motioe to the Supper, tear inate this order, in whale or In part, at any time, either for the County's convenience or because of Bre failure of the Supplier to ME Suppfies agreement obligations. Upon rept of such notice, Supplier shat discontinue AN deliveries affaded utters the notice due is otherwise. in such event, Carly shall be Mable only for materiais or components procured, or work done, or supplies partiaAy fabricated within the authoization of this order: In no evert shall Co inty be t able for incidental or consequential damages by reason of such termination. 6. INDEMNIFICATION. Supplier agrees to proteose, indewhy, save, end holt harmless Carty. its officers, and ernployees frown and against all losses, coals, and expmasas. and from end against all daltrs, demands, suits, surd ads for damages, losses, costs, and eVetses and from and against am heboIy awards, aims of palant it i pinent, jud8morhts, and de yeas of whatsoever nature for any and an damages to property of the County or others of whatsoever nacre and for any mrd all injury to any persons Arfsing out of or resufting tram the negligence of Supplier, breach of this order In Ate manufacture of goods; from any dosed In materials or workmanship, from the failure of Are goods to perform to los full rapacity as specified in Aa order, specification, or other data, orfrom tae breads of any express or kgm6ed warrants. The riemedies attdad to Ata County by this clause are c rrulofive with, end in no way effect any other tergal remady the County may Fane ander ihb order or at law. 7. iNSURANCE. Supplier shall obtain and maintain In eroe Adequate Insurance as directed by the county. Suppher may also be requited to carry, workers' corpensafatt Insurance in Accordance with the laws of the Slate of Florida. Supplier alai fuffft County with Certificate of Insurance for An service rested pert Orders and other specialized services performed at Supplier's location. Any rhe requested shat be provided to tee Purchasing and Contracts Division within tan (10) days from notice. Supplier shalt notify the County in the rent of cashoeilation, material change, or altercation tested to uta Supplar's insurance Certificate. AN poNcles shall vane Samincta County as an ardditnat Insured. 8. INSPECTION. AN goads and services are su*cl to Inspection and mjecdat by the County at any time Iritallng daft their ma u!acture, construction, or preparsfwn not withtsianding any prior payment or Inspection. Without limiting any of the rights I may have, the County, at Is option, may require the Supplier, at the Supptlot's expense, to: (a) promptly repair or replace any or a8 rejected gam, or to cure or re- perform any or all rated services, or (b) to rained the price of any or off rejected goads or services. AN such rejected goods will be held for the Wlet's prat inspection at the Suppkws tisk. Nothing coalned herein shah rellm, In any ray, to Supplier from the oblbation of testing, Inspection, and Warily control. 9. TAXES. Seminole Carty Govemmerd is a non-profit orgy nbdon And tat stmt to tax. 18. FLORIDA PROMPT PAYMENT ACT. Supplers shah be pail in accordance with the State of Florida PmW Payment Act Sadiron 218.78, Florida Slatd, upon submission of proper invoice(s) to Coumyy Fiance Department, P. 0. Box M, Sffidad, Florida 32772. Inds are to be bifid at the prices stpuisted on the purchase ado AN Invoices must relevance Seminole Co"order mart. 11. PAYMENT TERIIIS. it shall be understood that due cash discount period b the Courdy w8 be from the dot of the kwoloe and rat from the receipt of goodstswilces. 12. PRICE PROTECTION. Suppler warrents that dna price(s) sat fords haft are eta to the lowest net price and the lentos arnd conditions of sale are as favorable as the price(s), terns, and conditions afforded by the Supplier to any other custarnet fur goods or sera of comparebte grade or quality during the term hereof. Suter agrees that any prig reducdots made in the goads or services covered by Abs order, subsequent m is acceptance but prior to payment thereof, will be appmosbie to tits order. 13. PACKAGING AND SHIPPING. Unless otherwise specifre d, ail prods stat be paw, paged, marked, and otherwise prepared for shipment In a manner that is: (a) in accordance with good cony ercial practice; and (b) acceptable to canv= carriers for s hiptbrd at the lowest rate for the particular product, and in socoulance with ICC regulations, and adequate to hexa safe amfval of the product at alta named destination mrd for storage and protection against weather. Suppher shall mark all cxmffiInets with necessary mining, hanifllsg, Aral shipping intomatron, and also rids order munte , date of ftmet, and the name of the cansIgnee and consignor. An Itemized padding street must accompany each shipment AN sh Ipmens, unless specified ddiffmamly, shall be FOB destination. 14. QUANTITY. The quantities of goon, as Indicated on the face hereof, must not be exceeded without prior written Authorization from Carty. Excess quantities may be returned to Super at Suipliefs expertise. 16. ASSIGNMENT. Stqupier may not assign, transfer; or subcontract tris order or any right or Nation hereurnder wi otd Conly'a written consent Any pealed assign merd transfer or subcontract shall be mull and void. d. 18. EQUAL. OPPORTUNITY EMPLOYER. The County is an Equal Employment Oppody (EEO) witkyrar, and as such requites all Suppliers or vendors to comply with EEO regulations with regards to gad, age, race, veteran sk us, country of origin, and dread astray be applicable b tha Suppler. Any subcontracts "red into shd crake reference to this claw with the same degree of VpWm being encouraged. When apqliCable, the Supplier ahal toughly with all State and Federal EEO teguletimts. 17. RXWT TO AUDIT RECORDS. The County shall be entitled to sudit the books Arid records of Suppmer to the extend titer such books And records relate to the pethonarna of the order or any supplement to the order. Supplier shall rnaldain such books and records for a period of three (3) yeas from da data of farm payment under Aha order Inhere the County otherwise Authorizes a shorter period in wM9. 18. FISCAL YEAR FUNDING APPROPRIATION. Unless otherwise provided by lawn, a order for suuppias andW services may be entered Into for any period of time deemad to be in the best Ind of the Canty provided tie term of the order and coruifrors of renewal or extension, X any, are Induced in rise soficna6as, and funds ate evalabte for the initial fiscal period of the order. Payment And perionnance obligations fhr succeeding fiscal periods shad be subjedto the annual appropriation by Carty. 18. FAILURE TO ACCEPT PURCHASE ORDER Failure of the Wier to accept the order as specified my be cause for cancAladon of ft award. Suppliers who ddoUlt are 9u1*d to suspension anclAa debarment 20. AGREEMENT AND PURCHASE ORDER IN CONFLICT, Whenever the tams and concldars of the hbWater Agnsam t conflict with any Purchase Order issued putstant to k the MaMastar Agreement stat preval. 21. FLORIDA PUBLIC RECORDS ACT. Vendor must alloy public access to al documents, yrs, lams or cher malarial, whether made or received It cmmv xiom with this Purchase Order which are subject to the public records aux, Chapter 119, t o Stafults. RAv. 32014 EXHISn V IFB.602450-INTLR - TERM CONTRACT FOR OVERHEAD DOOR MAINTENANCE, REPAI AND REPLACEMENT SERVICES Name of ., r c �y ' .Si. r� ,c •� t ��,.1' jl Mailing Address: W Steet Address:'. CRY/Str rw ♦ Phone•...,;r Number.2-29 AM is MIMI • ^ ' • ` i' : 6,7=1_71=11471 • • •:r • ,'•..ix ♦+ r � 4:.... • r : r � � 'tAll t r•c rax.. • qtr, . z « t s :•• sa • r _ • f t :a : • r- r• • • +: in strict conformity Bid Documents for the amount hereinafter set forth. ♦- _ t e• :. : •r' •sr:: c t r a r t r or •. i<. interested In this • { as DdndDall w. he proposes and agrees, If the bid Is accepted, OW helshe will execute an AgfeaMeM W(DIV, (X T 1. -r in the form set forth in the Contract Documents; #wt he/she will furnish to Insurance 6� Costs shall be Inclusive of all direct and Indirect costs Including but not limited to, materials, la equipmeKtransportation, coordinationandIncidentalsat: s the performanceof 1 •; specified In B • documents. The hourly rates submitted shall Include all labor costs for work, !ncluding but not lknfted to: A. General Administrative 13. Fringe « benefits C. EW—fit 0. Incidental drawings and other documentation required for permitting, etc. E. Transportation of material to the project site ToolsF. ♦ related Items G. Indirect ♦ • yti Le., Insurance, waste or EXHIBIT "C" Part 4 Price Sub i AND REPLACEMENT SERVICES STANDARD HOURS,it 11 A.M. to 11 • •a, through da Excluding Seminole County Holidays NON-STANDARD HOURS, iL . 00 Other : than • 1 1 A.M.• 1.1 Monday through Friday, Weekends County Holidays r -y, a- . 1: • • � 1, i~ i t- •,. •. *! • :�°_moo, � • 1q ..,� b_�a,r The cost of renting special tools such as cranes and forklifts or other special equipment required to perform the services, shall be included In the County's proposal wftout markup; those costs shall be calculated at actual costs. The Contractor shall secure approval from the County, in wailing, prior to renting equipment for which the Contractor seeks reimbursement. IN WITLESS WHEREOF, BIDDER has hereunto executed this FORM this day of r��ft'Q, 20 --% - % (►: _ It7k r r t► r �, 1 (8" person signing FORM) 46 &W ~ViCffi�k (Printed name of person signing FORM) I lclopa OYMY" L CERTIFICATE' '-)F UA814UTY It-41SURMCE aAXIM6 1101,CEWACA--4 IS ISSVED AS A UPMER OF WCUMN OW AND OWM ND MGM UPON UE CLUVACAM VIOLY_-tt. WS CMW"E M3n MW laRMAhMY OR M"OVELY AMEM WaM OR A" ng COVOWE MFOMD BY ve PouaEs vam IM CE MOVE OF 198t1rA4FM DOES OT AMARLMASWAMMVE ORPWMJMK NOM CEM=EMXMK IMPORrANr. Kthe GWClo h*keisr-nAEdllCl\ALff4RMQ ft POHW4ft.AhWuArAnlOtAL MiZEDpv"oKot i;&4otmd.Ganx*ArmisvwviEa ttqw 10" tMMW mnfflWrrof Vw pd4 cmtoin W.,IdsftW MWW 41-n Wzafmk-&�, —&--M mnOt OxitrdOWtOU Weimb Mdwtn Void 97d1 Aon Mak Sawas Ceara, b -c Kansas CRY MO Oflk* 4WI Wn RfW4 Stft 350 Kwmas ft MO 64112 USA D.H. Pace CcapwW, he dbe: D.R PiL*.)a Door Sericn-OdardD 3w Stfeat kdsbw canker #1 3M St VWWMne Way 0" -Ab, FL32811 =ago=# w=' I S. 0 ED TO THEZ&A loocumwr " %JBJECT -0 AM std WPW to C*nwW (== 0413), AM, & EXMS WAY cmeram with ;s shmm on axe or in d owltach" WtdwAw is k -U. Stoxt to thq kw"m cmuaa humm Excerpt Workm OmpwsWm aM 9WOjeft Is Pftft & NwtCmdtPlxAay, SowrmRy of hWmsts volm aW Soject to the k"Mme =*Dot, and Sttjdd to V*WS state k%S. Wa;w d Sdxogafim is IrdudW if rEqimd by cw6FA mtjOct to 00 fiBLEMWO cmtfEd. UmbWU Pft Promos kits kt exoms d tfx- LwWty, Ado Uat'lity, and Emooyees Usbifty POWN, WOd to the in ocilract. tbWM hemi" is irk3xbd to or WuM be 't First St FL32771 ALS 3Z 25 (20100) SHMD AW OF 'rt -z AWW CMnP=M BE OW)HM Gq:aW 7fE 0MV04 ME Te-- CF, WnM VRL BE MLNEFL=D IN A=FUAhM WITH Ti E PCUCYPROASKM. D.K Pie C qxm. Inc. dba AK PWO Door Sanies- wndD 33rd Strut kA sbW C.entert l MG SL MA"reWay 7dando. FL =811 laic h Mai= ins Co 18535 ot8aem and w#oyws ze &steel as Yom'' ons! ftwnds pw Wttei c� 'fhz riC7C,ai�'3 r,�e �k�o testa::, rttsdcs tetA{� .