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2104 PBA 18/19-47 People Ready Florida - RexelSXi4ORD FINANCE DEPARTMENT PURCHASING DEPARTMENT TRANsMITTAL MEMORANDUM TO: City Clerk/Mayor RE: -\� �\p� \—b � \ct T'Pn-,-A0 Or, (-It i �\ nt \'60 - VP X,0 The item(s) noted below is/are attached and forwarded to your office for the following action(s): n Development Order ❑ Mayor's signature F] Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance E] Deputy City Manager E] Performance Bond n Payment Bond n Resolution E] City Manager Signature El ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: F-1 Return originals to Purchasing- Department n Return copies El Special Instructions: Li�(,ye y 6ojavzi4e,,- From SharePoint—Finance—Purchasingjorms - 2018.doc <=0v\ \2- \ \9 Date PeopleReady Florida, Inc. Piggyback Contract (PBA 18119-47) The City of Sanford ("City") enters this "Piggyback" Contract with Rexel USA, Inc., a Delaware corporation (hereinafter referred to as the "Vendor"), whose address is 14951 Dallas Parkway; Dallas, Texas 75254, 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 the Volusia County, Florida, said contract being identified as the agreement for electrical supplies or "ITB 18-13-1 70VB", in order for the Vendor to supply electrical supplies to the City (said original contract being referred to as the "original government contract" or "original government contract documents"). (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 documents 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 provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: 1 (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. (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 Marisol Ordohez, Purchasing Manager, Finance -Purchasing Division, 300 North Park Avenue; Sanford, Florida 32771, telephone number (407) 688-5028 and whose e-mail address is Marisol.ordonez@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. (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 2 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 goods and 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). Public Records: (I). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, (11). 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. (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. 3 (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. (111). 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). The Vendor shall adhere to all grantor requirements when the funds derived for goods or services hereunder derive from grant funding. (4). 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. 1! It— Entered this /day of 2019. Attest. Rexel USA, Inc., a Delaware oration. n2J7 'Ae Ja kie Fau FI rid Region President Att6st. City Of Sanford By: Traci Houchin, CIVIC, FCRM, City Clerk Jeff Tripp Date: Approved as to form and legal sufficiency. William L. Colbert City Attorney M Exhibit "A" [Attach original government contract] Q 6 O 5 rN R ;:,q d an e e e- o e NNO N O N M NQA co IVNey K; c; g I R CR �i q Iq li 2Cg,6!g. lioNC4 15 C'i � g N0 0 0 g, -g -.AZ gIg g R .9 00=1,11N qg - 01 So CV Cd NMN N N NN 0 0.11 1 1 NmMm 'TR 6,42 00 10 1 0 t2 000 �2 Ui �2 C� M 1 -g g. g g g g. e, g zg g e- g g e, C! C! 01 Sao cl; C5 6 10 M 0 M > E r= A < EM, 0 S 4r, my �t0c 60 SUBMIT TO: COUNTY OF VOLUSIA PURCHASING & CONTRACTS 123 W. INDIANA AVE., RM. 302 DELAND, FL 32720-4608 AN EQUAL OPPORTUNITY EMPLOYER CONTACT PERSON: INVITATION TO BID Vikky Bertling ..................... 386-626-6626 www.volusia.org/purchasing Email: ..................... vbertling@volusia.org DELAND:...... .................... . 386-736-5935 DAYTONA BEACH: ....... ... 386-257-6000 NEW SMYRNA BEACH: .... 386-423-3300 TITLE: NUMBER: SUBMITTAL DEADLINE: Tuesday, October 23, Electrical Supplies 18-B-1 70VB 2018, 1 at 3:00 p.m., EDT DO NOT RESPOND TO THIS SOLICITATION ON LINE — SEE SECTION 2.5, DELIVERY OF BIDS PRE BID DATE, TIME AND LOCATION: A pre-bid conference will be held in the Purchasing Conference Room, 123 SUBMIrFALS RECEIVED AFTER ABOVE DATE AND TIME WILL NOT W. Indiana Avenue, 3rd Floor, Deland, FL, at 10:00 a.m., EDT, Wenesday, BE CONSIDERED October 3, 2018. 1 The vendor acknowledges that information provided in this Bid is true and correct and agree to all terms and conditions contained in this Bid and related Exhibits. FIRM'S NAME: Rexel USA, Inc. 10/18/2018 MAILING ADDRESS: Authorized Signature Date 4150 N John Young Pkwy Amanda Damian CITY — STATE — ZIP: Printed Name Orlando, FL 32804 Outside Sales Representative E-MAIL ADDRESS: AMANDA.DAMIAN@REXELUSA.COM Title PHONE NUMBER: FAX NUMBER: FEDERAL I.D. or SOCIAL SECURITY NUMBER: 407-619-9752 N/A 20-5021845 THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE 18-B-170VB, Electrical Supplies.docx Page 1 of 26 TABLE OF CONTENTS 1.0 SCOPE OF WORK............................................................................................... 3 1.1 Pricing............................................................................................................. 3 1.2 Delivery ........................................................................................................... 3 1.3 Billing and Payment........................................................................................ 3 1.4 Exhibits............................................................................................................4 2.0 SPECIAL CONDITIONS.......................................................................................4 2.1 Bid Closing Date............................................................................................. 4 2.2 Proposed Schedule.........................................................................................4 2.3 Point of Contact............................................................................................... 4 2.4 Questions, Exceptions, and Addenda............................................................. 4 2.5 Delivery of Bids............................................................................................... 5 2.6 Pre-bid Conference......................................................................................... 5 2.7 Bid Submittal Form.......................................................................................... 6 2.8 Definition of Responsive and Responsible for this Bid .................................... 6 2.9 Local Preference Availability........................................................................... 7 2.10 Payment Terms............................................................................................... 7 2.11 Award Term..................................................................................................... 7 2.12 Termination..................................................................................................... 7 2.13 New Material................................................................................................... 9 3.0 DEFINITIONS.......................................................................................................9 4.0 SUBMITTAL REQUIREMENTS (Submit in the following order) .........................10 5.0 BID SUBMITTAL FORM.....................................................................................13 6.0 REFERENCES...................................................................................................15 7.0 CONFLICT OF INTEREST FORM.....................................................................16 8.0 DRUG-FREE WORK PLACE.............................................................................17 9.0 CERTIFICATION REGARDING DEBARMENT..................................................18 10.0 CERTIFICATION REGARDING DEBARMENT (SUB).......................................19 11.0 CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS ....... 20 12.0 CERTIFICATION AFFIDAVIT BY SUB CONTRACTOR AS LOCAL BUSINESS21 13.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION ...........22 14.0 PROOF OF EXEMPTION................................................................................... 23 15.0 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZEDCOMPANIES.............................................................................. 24 16.0 HOLD HARMLESS AGREEMENT..................................................................... 25 18 -B -170V6, Electrical Supplies.dou Page 2 of 26 The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Electrical Supplies for the County of Volusia, Florida. 1.0 SCOPE OF WORK The purpose of the Invitation to Bid is to solicit competitive, sealed Bids to furnish Electrical Supplies for the County of Volusia, Florida. The resulting Master Agreement(s) may be used by all County divisions on an as -needed basis. There is no guarantee of any maximum expenditure by the County. 1.1 Pricing A. Bidders shall complete of Attachment A — Price Comparison Sheet. Bidder shall complete this list with appropriate offered pricing, manufacturer's name, and product number. For purposes of bid comparison, pricing for one unit shall be listed, not pricing for multiple units of each item. B. The Bidder shall also complete Attachment B — Discount List, listing a fixed percentage discount that applies to all items or a fixed discount by manufacturer. Bidders must choose one or the other. Bidders shall list the minimum percentage discount that will be offered. C. All percentage discounts shall be applied to the Contractor's list/catalog prices. The percentage discount offered shall remain firm for the term of the Agreement(s) resulting from this ITB. D. As stated elsewhere in this document, price shall not be the only criterion evaluated for the determination of this ITB. 1.2 Delivery A. Electrical related materials and supplies may be requested to be delivered to any area of the County, but may also be picked up by a County employee with a valid County of Volusia identification badge. B. Local deliveries shall be provided at no additional cost to the County and shall occur within 48 hours of order placement. C. Special orders to be shipped from the factory shall be FOB destination, freight allowed. D. Contractor shall schedule delivery day and time with the ordering division to ensure County personnel availability. E. There shall be no minimum order either in quantity or cost pertaining to this bid. 1.3 Billing and Payment A. In order for payments to be processed in a timely manner, invoices shall be sent to the ordering division. It shall be the Contractor's responsibility to obtain the name 18-B-170VB, Electrical Supplies.dou Page 3 of 26 of the County employee placing the order and the correct division invoicing address for each order. B. If County staff is picking up the order, the employee's legibly printed name and signature shall be obtained by the Contractor. Contractor shall verify billing address with the employee at the time of pick up. C. Purchase receipts and/or packing lists from Contractor shall clearly indicate where the discounts have been applied. 1.4 Exhibits A. Exhibit I —General Conditions and Instructions B. Exhibit II — Insurance Requirements C. Attachment A — Price Comparison Sheet D. Attachment B — Discount List 2.0 SPECIAL CONDITIONS 2.1 Bid Closing Date Bids must be received by the Volusia County Purchasing and Contracts Office, Room 302, Third Floor, 123 West Indiana Avenue, Deland, FL, 32720-4608, no later than 3:00 p.m., EDT, on Tuesday, October 23, 2018. Bids received after this time will not be considered. 2.2 Proposed Schedule September 19, 2018........ Invitation to Bid Available October 3, 2018...............Pre-bid Conference October 9, 2018...............Last Day to Receive Written Questions October 23, 2018.............Bid Closing Date 2.3 Point of Contact All inquiries regarding this solicitation shall be directed to the procurement analyst in charge of this project as listed below: Vikky Bertling, Procurement Analyst Telephone: ........................ 386-626-6626 Fax: ................................... 386-736-5972 E-mail: ............................... vbertling@volusia.org 2.4 Questions, Exceptions, and Addenda It is incumbent upon each Bidder to carefully examine this solicitation's specifications, scope of work, terms, and conditions. Questions and exceptions concerning any Section of this Bid shall be directed by letter, facsimile transmission, or by e-mail to the 18-B-170VB, Electrical Supplies.docx Page 4 of 26 Procurement Analyst named above in Section 2.3 who shall be the official point of contact for this Bid. Questions and exceptions shall be submitted no later than fourteen (14) days before the closing date. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and Bidders' right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given and oral representations will not be binding on the County. If it becomes necessary for the County to revise any part of this ITB, an addendum will be posted on the County's web site. It is each Bidder's responsibility to check the Volusia County web site for any addenda at www. volusia.org/bidlist. Each Bidder should ensure that they have received all addenda to this ITB before submitting their proposal. In their proposals, Bidders must provide proof of receipt of each addendum by signing and returning each addendum to the County. Failure to provide this proof may cause Bidder's proposal to be rendered non-responsive. Each addendum issued by the County shall become a material part of this solicitation. 2.5 Delivery of Bids DO NOT RESPOND TO THIS SOLICITATION ON LINE All Bids shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted) County of Volusia, Florida Purchasing and Contracts Office, Room 302 123 West Indiana Avenue, 3rd floor Deland, Florida 32720-4608 Mark package(s) "Bid #18-B-170VB, Electrical Supplies" Note: Please ensure that if a third party carrier (Federal Express, UPS, etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to Room 302, in the Purchasing and Contracts Office on the third (3rd) floor at the above address. Bids mailed to 123 West Indiana Avenue via the United States Postal Service (USPS) are delivered to the Post Office, not to the physical address and, therefore, may not meet the requirements of Section 2.1. To be considered, a Bid must be received and accepted in the Purchasing and Contracts Office before the Bid closing date and time. 2.6 Pre-bid Conference A. A pre-bid conference will be held in the Purchasing Conference Room, 123 W. Indiana Avenue, 3rd Floor, Deland, FL, at 10:00 a.m., EDT, Wenesday, October 3, 2018. While this is not mandatory, all interested parties are encouraged to attend and participate. B. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should 18-B-170VB, Electrical Supplies.docx Page 5 of 26 contact the County's ADA Coordinator at 386-248-1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County's ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at www.volusia.org/core/fileparse.php/4175/urit/ADANotice.pdf. Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II). 2.7 Bid Submittal Form A. See Submittal Requirements for complete details. B. Each Bidder shall submit three (3) complete sets of the Bid Submittal: • One (1) hard copy marked "ORIGINAL" • One (1) hard copy marked "COPY" Note: It is not necessary to return every page of the original solicitation document with the hard copies of the Bid Submittal ORIGINAL and COPY; return only the pages that require signatures or information as detailed in Section 4.0. • One (1) COMPLETE electronic copy on a CD or USB drive in PDF format (Excel spreadsheets shall not be recorded in PDF). The electronic copy of the Bid Submittal shall include all submittal requirements as detailed in Section 4.0. Note the solicitation number and name of company on the CD or USB drive. Do not send confidential information, proprietary information, or trade secrets. The Invitation to Bid page and the Bid Submittal Form must be signed by an official authorized to legally bind the Bidder to all Bid provisions. The Bid Submittal Form (Section 5.0) shall be signed by an authorized agent of the firm with documentation, such as a Memorandum of Authority, that the individual is authorized to commit the firm to a contract. 2.8 Definition of Responsive and Responsible for this Bid Each Bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this Bid. (Responsive) B. The greatest benefits to Volusia County as it pertains to: (Responsible) 1. Total Cost; 2. Delivery per Section 1.2; 3. Past Performance. In order to evaluate past performance, all Bidders are required to submit a list of three (3) references / relevant projects completed within the last three (3) years that are the same or similar in magnitude to this ITB. The County of Volusia shall not be listed as a reference; 18-B-170VB, Electrical Supplies.dou Page 6 of 26 4. Financial Stability: A Dun and Bradstreet report may be used by the County to evaluate Respondent's financial stability. All Respondents shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. Bidders are reminded that award may not necessarily be made to the lowest Bid. Rather, award will be made to the lowest responsive, responsible, Bidder whose Bid represents the best overall value to the County when considering all evaluation factors. 2.9 Local Preference Availability This project is not funded by monies that prohibit the local preference provision and local preference does apply per Exhibit I, General Conditions and Instructions Section 10. Local Preference. 2.10 Payment Terms A. The County will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the invoice(s) or receipt of all products or services ordered. B. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1 %) per month on all undisputed invoices not paid within thirty (30) days after the due date. C. The County has the capability of Electronic Funds Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. Contractors offering prompt payment discounts, for example 1 % - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice. By submitting a Bid (offer) to the County of Volusia, Florida, the Contractor expressly agrees that, if awarded an Agreement, the County may withhold from any payment monies owed by the Contractor to the County for any legal obligation between the Bidder and the County including, but not limited to, real property taxes, personal property taxes, fees, and commissions. 2.11 Award Term The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Contractor(s) shall be awarded an Agreement for an initial three (3) year term with the option for two (2) subsequent one (1) year renewals. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council. 2.12 Termination A. County may terminate this Agreement upon at least thirty (30) days prior written notice to Contractor. 18-13-170V13, Electrical Supplies.dou Page 7 of 26 B. Contractor may terminate this Agreement upon at least ninety (90) days prior written notice to County. C. Upon receipt of notice of termination by the County from Contractor or upon delivery of notice of termination from the County to Contractor, Contractor shall: Stop work under the Agreement on the date and to the extent specified in County's Notice of Termination. 2. Inform County of the extent to which performance is completed. 3. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Agreement as is not terminated and with the prior approval of the County. 4. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated. D. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Section 2.11 - Award Term, Section 2.10 - Payment Terms and this Section 2.12 - Termination, the County shall cause payments to be made to Contractor within forty five (45) days of receipt of invoice. Contractor shall invoice the County for any sums Contractor claims to be owed by County under this Agreement for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within forty five (45) days. E. With the approval of the County and to the extent required by the County, the Contractor shall, upon termination, settle all outstanding liabilities and all claims arising out of such termination. County's approval of such settlements shall be final for all the purposes of a termination under this Section 2.12 - Termination. In addition, Contractor shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County, Deliverables, work -in - progress, reports, models, studies, and other materials produced as a part of, or acquired in connection with the performance of the Work terminated. F. If Contractor fails to cure a breach within ten (10) calendar days after receipt of notice from the County of said breach, the County may take over the Work and complete the Work, and the Contractor shall be liable to the County for any increased cost of the Project reasonably incurred by the County to complete the Contractor's unfinished Work. As such, the County may apply unpaid Compensation due and owing to the Contractor prior to the default as a set off against the costs incurred by the County for taking over such Work. G. The right of termination provided to the County and the Contractor herein shall be cumulative of all other remedies available at law. H. All provisions of this Agreement which impose or contemplate continuing obligations on a party will survive the expiration or termination of this Agreement. 18-B-170VB, Electrical Supplies.dou Page 8 of 26 2.13 New Material Unless otherwise provided for in this specification, the Contractor represents and warrants that the goods, materials, supplies, or components offered to the County under this Agreement are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the Contractor believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the County's interest, the Contractor shall so notify the County Procurement Analyst in writing no later than fourteen (14) working days prior to the date set for opening of Bids in accordance with Section 2.4. The notice shall include the reasons for the request and any benefits that may accrue if the County authorizes the bidding of used or reconditioned goods, materials, supplies, or components. 3.0 DEFINITIONS As used in this Bid, the following terms shall have the meanings set forth below: Agreement: Result from this solicitation between the County and the Contractor, which is this Bid, along with any written addenda and other written documents, which are expressly incorporated by reference. Agreement Administrator: The Director of Purchasing and Contracts or designee shall serve as Agreement Administrator. The Agreement Administrator shall be responsible for addressing any concerns within the scope of the Agreement. Any changes to the resulting Agreement shall be made in writing and authorized by the Director of Purchasing and Contracts. Bid: A Contractor's offer to the County in response to an invitation to bid (ITB) issued by a purchasing authority. Bidder: One who submits a response to an invitation to bid (ITB). Contractor: The person or entity duly authorized, upon award of an invitation to bid (ITB), to have an Agreement with the County to provide the product and/or services set forth herein and incurring liability for the same. Contractor's Proiect Manager: The Project Manager has responsibility for administering this Agreement for the successful Bidder(s) and will be designated prior to the issue of the resulting Master Agreement or Purchase Order. County: Shall mean the County of Volusia (a body corporate and politic and a subdivision of the State of Florida) including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non -elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status. County's Proiect Manager(s): The Project Manager(s) have responsibility for the day-to- day administration of the resulting Agreement for the County and will be designated prior to award of the resulting Master Agreement or Purchase Order. 18-B-170VB, Electrical Supplies.docx Page 9 of 26 Day: The word "day" means each calendar day or accumulation of calendar days. Director: The Director of Purchasing and Contracts for the County of Volusia, FL. Master Agreement: The payment vehicle through with the successful Bidder(s) shall be compensated. This Agreement will be issued in accordance with the specifications, terms, and conditions of this Bid document and shall be valid for a specified period of time with a specific dollar value, which shall not be exceeded annually. Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. Preference: The method of the reducing the proposed Bid or quote price by a designated percentage for the sole purpose of determining the lowest price when compared to other prices submitted during a competitive solicitation. Protest: See process at www.volusia.org/purchasing. 4.0 SUBMITTAL REQUIREMENTS (Submit in the following order) It is not necessary to return every page of this document with the Proposal; return only the pages that require signatures or information requested below. ® Completed Invitation to Bid Cover Page signed by an authorized agent of the firm, as listed on the Florida Department of State, Division of Corporations' Sunbiz report available at www.sunbiz.org (Sunbiz), shall be required. If anyone other than the officers listed on the Sunbiz website will be signing this ITB, a memorandum of authority signed by an officer of the firm allocating authorization shall be required. If firm is not currently registered as a vendor in the State of Florida (Sunbiz), include documentation designation of contracting authority. The memorandum of authority shall be on the firm's letterhead and shall clearly state the name, title and contact information for the individual designated by the firm. ® Required Copies and Electronic Copy on CD or USB drive (see Section 2.7) ® Provide a Florida Department of State, Division of Corporations' Sunbiz report available at www.sunbiz.org. 3 Completed Bid Submittal Form (use attached form Section 5.0). M References - List at least three (3) recent references where the proposed products has been provided within the past three (3) years. Use of the attached form (Section 6.0) will aid in evaluation. Unless specifically asked by the County, the County of Volusia shall not be listed as a reference. ® Business Tax Receipt (BTR) 18-13-170V13, Electrical Supplies.docx Page 10 of 26 To be responsive to this solicitation, each Bidder who is currently required to have a Business Tax Receipt (BTR) at the time of submittal shall provide a copy of their current BTR in their response to this solicitation. There are two exceptions to this Bid submission requirement: 1. If Bidder's business does not have a physical location in Lake, Orange, Osceola, Seminole, or Volusia County, no submission is required, OR 2. If Bidder's business type is exempt, submit with proposal a Proof of Exemption approved by the Volusia County Revenue Director (see Section 14.0). For more information and to access Ch. 114, Article 1, Sect. 114-1 of the Volusia County Code of Ordinances, see www.volusia.org/revenue/local-business-tax/business-tax- frequently-asked-guestions.stml ® Insurance - (See Exhibit II) Evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and/or project number and Volusia County contact person. Contractor shall provide the required insurance detailed in Exhibit II for the entire Term of the agreement. Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements of Exhibit II. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Incorporated and unincorporated firms that qualify for an exemption under the Florida Workers' Compensation law in Chapter 440, Florida Statutes, shall submit an executed Hold Harmless Agreement (see Section 15.0) relieving the County of liability in the event they and/or their employees are injured while providing goods and/or services to the County. ® Conflict of Interest Form (use attached form Section 7.0) All Bidders shall properly complete, have notarized, and include with their Bid Submittal the attached statement disclosing any potential conflict of interest that the Bidder may have due to ownership, other clients, contracts, or interests associated with this project. Addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's Bid. Failure to return signed addenda may be cause for the Bid to be considered non-responsive. ® W-9 Include a completed W-9 form. If the firm is not registered with Volusia County, on- line registration is available at www.volusia.org/purchasing under Vendor Self Service, which links to the registration site and the W-9 form can be accessed through this site as well. ® Certification Affidavit by Local Business (use attached forms 11.0 and 12.0) All Bidders shall complete, have notarized, and include with their Bid Submittal the attached statement(s) confirming Local Preference Eligibility. ® Drug -Free Work Place form (use attached form Section 8.0). 18-B-170VB, Electrical Supplies.docx Page 11 of 26 ® Certification Regarding Debarment — Prime (use attached form Section 9.0). L] Certification Regarding Debarment — Sub if applicable (use attached form Section 10.0). E] CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (use attached form in Section 15.0) M Attachment A — Price List ® Attachment B — Discount List All Bidders shall be prepared to supply a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest D & B report will be accepted. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 18-B-170VB, Electrical Supplies.docx Page 12 of 26 October 18 , 2018 5.0 BID SUBMITTAL FORM TO: County of Volusia, Florida Office of Director of Purchasing and Contracts 123 W. Indiana Avenue, Room 302 Deland, FL 32720-4608 The undersigned hereby declare(s) that [firm name] Rexel USA, Inc. has carefully examined the specifications to furnish Electrical Supplies, for which Bid Submittals were advertised to be received no later than 3:00 p.m., EDT, on Tuesday, October 23, 2018, and further declares that the firm will furnish the Electrical Supplies according to specifications. Complete Attachments A and B and return with Bid submittal. (Open Attachments A and B from website, perform "file save as" and save spreadsheets to your computer. Fill in pricing and discount percentages, preferably electronically.) Include Attachments A and B in Excel format (not Of) on CD with the rest of your submittal documents. The County reserves the right to negotiate with the awarded vendor for additional services similar in nature not known at the time of Bid closing. Sole Proprietor ❑ Yes ® No Total number employees ............... 27,000 F.O.B. Destination, freight allowed for special orders only Delivery per Section 1.2: Prompt payment discount, if applicable: 1 Do you accept electronic funds transfer (EFT)? Do you offer a discount for electronic funds transfer (EFT)? (maximum of 48 hours) 10 Days; Net 45 Days ® YES ❑ NO ❑ YES, % ® NO The County of Volusia reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as may be deemed to be in the best interest of the County. I hereby certify that I have read and understand the requirements and terms and conditions of this Invitation to Bid No. 18-B-170VB, "Electrical Supplies", including all exhibits and attachments (as amended) and that I, as the Bidder, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any Agreement(s) and/or other transactions required by award of this ITB. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 18-B-170VB, Electrical Supplies.dou Page 13 of 26 Further, as attested to by below signature, I will provide the required insurance, per Exhibit ll, Insurance, upon notification of recommendation of award. The vendor acknowledges that information provided in this Bid is true and correct: t Authorized Signature Amanda Damian Printed Name Outside Sales Representative October, 18, 2018 Title Date Rexel USA, Inc. Company Name 4150 N John Young Parkway Orlando, FL 32804 Full Address N/A AMANDA.DAMIAN REXELUSA.COM 407-619-9752 @ Telephone Fax E-mail Address 786667282 20-5021845 Dunn & Bradstreet # Federal I.D. # 18-B-170VB, Electrical Supplies.docx Page 14 of 26 6.0 REFERENCES Agency #1 Gatorade Address 1650 S Poinciana Blvd City, State, ZIP Kissimmee, FL 34758 Contact Person Jim Messina E-mail James.messinajr@pepsico.com Phone: 407-846-5974 Date(s) of Service 2017, 2018 Type of Service Electrical Supplies Comments: We have been serving this company for a long time, I personally have served them 2017,2018 Agency #2 CITY OF ST CLOUD Address 5701 Michigan Ave. City, State, ZIP St. Cloud, FI 34772 Contact Person Steven Lowe E-mail steven.lowe@stcloud.org Phone: 407-791-0861 Date(s) of Service 2017, 2018 Type of Service Electrical Supplies Comments: We have been serving this company for a long time, I personally have served them 2017, 2018. Used to work with Clarimundo Evelyn now work with Steven Lowe. Agency #3 TITAN AMERICA Address 343 Thorpe Rd City, State, ZIP Orlando, FL 32824 Contact Person Mike Acevedo E-mail macevedo@titanamerica.com Phone: 407-850-5469 Date(s) of Service 2017, 2018 Type of Service Electrical Supplies Comments: We have been serving this company for a long time, I personally have served them 2017,2018. 18-B-170VB, Electrical Supplies.docx Page 15 of 26 7.0 CONFLICT OF INTEREST FORM I HEREBY CERTIFY that 1. I, (printed name) Amanda Damian , am the (title) Outside Sales Representative and the duly authorized representative of the firm of (Firm Name) Rexel USA, Inc. whose address is 4150 N John Young Pkwy Orlando, FL 32804 , and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 3. This Bid Submittal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS to items above (List): Signature: Printed Name: Amanda Damian Firm Name: Rexel USA, Inc. Date: October 18, 2018 STATE OF COUNTY OF Sworn to and subscribed before me this who haslhave produced (Seal) day of , 20 , by who islare personally known to me or as identification. NOTARY P UBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 18-B-170VB, Electrical Supplies.docx Page 16 of 26 8.0 DRUG-FREE WORK PLACE The undersigned firm, in accordance with Florida statute 287.087, hereby certifies that Rexel USA, Inc. does: (Name of Firm) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Amanda Damian Outside Sales Representative Name and Title j. Signature Rexel USA, Inc. Firm 4150 N John Young Pkwy Street address Orlando, FL 32804 City, State, Zip 10/18/2018 Date 18-B-170VB, Electrical Supplies.docx Page 17 of 26 9.0 CERTIFICATION REGARDING DEBARMENT Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions TO BE COMPLETED BY CONTRACTOR A. The prospective primary participant (contractor) certifies to the best of its knowledge and belief, that it and its principals (subcontractors and suppliers): Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A) (2) of this certification; and 4. Have not within a three-year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid proposal. Amanda Damian Outside Sales Representative October 18, 2018 Name and Title Signature Rexel USA, Inc. Firm 4150 N John Young Pkwy Street address Orlando, FL 32804 City, State, Zip Date 18-B-170VB, Electrical Supplies.docx Page 18 of 26 10.0 CERTIFICATION REGARDING DEBARMENT (SUB) Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion TO BE COMPLETED BY ALL SUB -CONTRACTORS A. The prospective participant (sub -contractor) certifies to the best of its knowledge and belief, that it and its principals (subcontractors and suppliers): Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A) (2) of this certification; and 4. Have not within a three-year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid proposal. Amanda Damian Outside Sales Representative October 18, 2018 Name and Title Date Signature Rexel USA, Inc. Firm 4150 N John Young Pkwy Street address Orlando, FL 32804 City, State, Zip 18-B-170VB, Electrical Supplies.docx Page 19 of 26 11.0 CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS This form must be signed and sworn to in the presence of a notary public or other official authorized to administer oaths. A. This sworn statement is submitted to County of Volusia, FL, Purchasing and Contracts; By: Amanda Damian Outside Sales Representative (Authorized individuals name and title) For: Rexel USA, Inc. (Name of Company/Individual submitting sworn statement) B. Local Preference Eligibility I. Vendor has been in business for a minimum of six (6) months prior to the date of Bids or quote O Yes ® No 2. Vendor has proof of local business in the form of a business tax receipt from a local jurisdiction per Volusia County Local Preference ordinance ® Yes O No I understand that the submission of this form to the contracting officer for Volusia County, Florida, is valid through the end of term of the awarded Agreement. I also understand that failure to notify the County of Volusia of a change in address out of the local area may result in breach of Agreement. (Signature) STATE OF COUNTY OF Sworn to and subscribed before me this day o who has/have produced (Seal) f , 20 , by who islare personally known to me or _ as identification. NOT,I RY PUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 18-B-170VB, Electrical Supplies.docx Page 20 of 26 12.0 CERTIFICATION AFFIDAVIT BY SUB CONTRACTOR AS LOCAL BUSINESS This form must be signed and sworn to in the presence of a notary public or other official authorized to administer oaths. A. This sworn statement is submitted to County of Volusia, FL, Purchasing and Contracts; IM For: Amanda Damian Outside Sales Representative (Authorized individuals name and title) Rexel USA, Inc. (Name of Company/Individual submitting sworn statement) B. Local Preference Eligibility 1. Vendor has been in business for a minimum of six (6) months prior to the date of Bids or quote O Yes ® No 2. Vendor has proof of local business in the form of a business tax receipt from a local jurisdiction per Volusia County Local Preference ordinance M Yes O No I understand that the submission of this form to the contracting officer for Volusia County, Florida, is valid through the end of term of the awarded Agreement. I also understand that failure to notify the County of Volusia of a change in address out of the local area may result in breach of Agreement. (Signature) STATE OF COUNTY OF Sworn to and subscribed before me this who has/have produced (Seal) day of , 20 , by who islare personally known to me or as identification. NOTARYPUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 18-B-170VB, Electrical Supplies.docx Page 21 of 26 13.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION A. Pursuant to Florida Statutory requirements, potential Bidders are notified: 287.133(2)(a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any Bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any Bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 287.134(2)(b) A public entity may not accept any Bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(0. A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any Bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Bidder represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005). C. In addition to the foregoing, the Bidder represents and warrants that Bidder, Bidder's subcontractors and Bidder's implementer, if any, is not under investigation for violation of such statutes. D. Bidder should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005). 18-B-170VB, Electrical Supplies.docx Page 22 of 26 14.0 PROOF OF EXEMPTION BUSINESS SERVICES REVENUE DIVISION 123 W. INDIANA AVE. • Room 103 • DELAND, FL 32720-4602 Volusia County PHONE: 386-736-5938 • FAX: 386-822-5729 FLORIDA W IVIII. volusia. ore/revenue I certify that the business known as (business name) providing Electrical Supplies Orlando , (city) ❑ Florida Statute 205.063 ❑ Florida Statute 205. 064 www.vol usia.orgJrevenue/local-business-tax/business-tax-frequently-asked-questions.stml services, which is located at (street address) 4150 N John Young Pkwy Florida , falls under the business tax exemption described in: El Florida Statute 205.065 ❑ Florida Statute 205. 191 ® Florida Statute 205. 162 ❑ Florida Statute 205. 192 ❑ Florida Statute 205. 171 OR is the type of business indicated below: ❑ Child Care—Residential ❑ Insurance Adjuster, Agent, ❑ Radio/Television Station ❑ Commercial Rentals or Company ❑ Religious Institution ❑ Door to Door/Peddler Sales ❑ Pharmacist/Pharmacy ❑ Residential Rentals over 6months (Prescription Drugs Only) ❑ Sale of Alcoholic Products only Amanda Damian (Authorized Signature) (Printed Name) STATE OF COUNTY OF Sworn to and subscribed before me this day of 20 by who istare personally known to me or who has/have produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: (Seal) Commission Expires: A business that falls under one of the exempt classifications listed above is not required to have a Volusia County Business Tax Receipt. Revenue Director/Designee 18-13-170\16, Electrical Supplies.docx Page 23 of 26 16.0 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 21.5.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: Amanda Damian, Rexel USA, Inc. (Authorized Signature) Title: Outside Sales Representative Date: October 18, 2018 18-B-170VB, Electrical Supplies.dou Page 24 of 26 Not Applicable- Rexel. 16.0 HOLD HARMLESS AGREEMENT -, (print owner's name), am the owner of (print company name), an incorporated / unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida, including but not limited to those regarding the workers' compensation law. I hereby affirm that I or [the above-named business] employs fewer than four employees, all of whom are listed below, including myself, and therefore, the business is exempt from the statutory requirement for workers' compensation insurance for its employees. I certify that I will provide the County of Volusia with the name of each new employee together with all required waivers and releases for each prior to any employee being allowed to work to provide services under the contract set forth below. If any such employee is allowed to work without a signed waiver and release, such action will be a material breach of this Agreement. All signed waivers and releases shall be furnished before the commencement of any work by an employee or the undersigned to the County Project Manager or designated county representative. On entered into a contract for 20 , the County of Volusia and I or [the above-named business] (hereinafter "Agreement") which is incorporated by reference herein. (please insert name of contract), On behalf of myself, my business, and the employees listed below, I and they hereby agree to waive and release any and all workers' compensation claims or liens under Chapter 440, Florida Statutes, against the County of Volusia and its agents, officials and employees, arising from any work or services provided under the Agreement whether or not it shall be alleged or determined that the act was caused by intention, or through negligence or omission of the County of Volusia or its agents, officials and employees or subcontractors. In the event that a workers' compensation claim or lien is made against the County of Volusia and/or its agents, officials or employees by myself or my employees or agents as a result of any work or services performed under the Agreement, I agree to indemnify, keep and hold harmless the County of Volusia, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of the Agreement with the County of Volusia, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of the County of Volusia or its employees, agents, or subcontractors. I or the above- named business shall pay all charges of attorneys and all costs and other expenses incurred in connection 18-B-170VB, Electrical Supplies.docx Page 25 of 26 with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia in any action indemnified hereby, 1 or the above-named business shall, at my or its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes. Owner.' (print name) (signature) Employee 1: (print name) (signature) Employee 2: (print name) (signature) Employee 3: (print name) (signature) STATE OF_ COUNTY OF Sworn to and subscribed before me this day of , 20 , by who is/are personally known to me or who has/have produced as identification. NOTARY PUBLIC — STATE OF (Seal) Type or print name: Commission No.: Commission Expires: 18-B-170VB, Electrical Supplies.docx Page 26 of 26 October 5, 2018 COUNTY OF VOLUSIA PURCHASING & CONTRACTS DIVISION 123 West Indiana Avenue, Room 302 Deland, Florida 32720-4608 (386) 736-5935 ♦ Fax: (386) 736-5972 www.volusia.orci Subject: ADDENDUM NO. 1 to ITB No. 18-B-170VB, "Electrical Supplies" This addendum is being issued to clarify questions and make changes to the Invitation to Bid (ITB). This document and all changes, as listed below, shall become an integral part of the ITB and shall take precedence over what was previously stated in the ITB document. **NOTICE** Posted to the Website: Attachment A — Price Comparison Sheet, Revision I has been posted to the County website. Copper wiring has been removed. Failure to submit pricing on Attachment A — Price Comparison Sheet, Revision I may result in submittal being deemed non-responsive. Questions: Q 1: When does the current contract expire and how long is this contract for? A ] : 'file current Agreement expires December 18, 2018. I'er Section 2.11 of the ITB, the Agreement wi11 be for three (3) years with the option of two (2) one (1) year renewals. Q2: When is a business tax receipt needed? A2: Per Section 4.0, a Business Tax Receipt shall be submitted if the Bidder has a physical location in Lake, Orange, Osceola, Seminole, or Volusia County. Q3: Section 1.2 refers to special orders allowing freight but local deliveries should be at no additional cost. What if parts are special ordered from different manufacturers, shipped directly to the distribution center, and the Contractor delivers it to the requesting division? A3: Freight charges for special orders, whether delivered to County or a distribution center, may be passed on to the County. Proof of actual freight charges shall be provided with resulting invoice. Q4: Attachment A has copper wire and PVC products which fluctuate often, can they be removed? A4: Copper wire has been removed From the price comparison list. The County does not feel the pricing for PVC products fluctuates enough to remove these items. Q5: Does the County still install Parabolic fixtures? A5: There are County locations where Parabolic fixtures are still installed and replacement parts are required. Q6: Is 18-B-170VB an all or nothing bid? A6: Bidders shall submit pricing on all the items listed on Attachment A. List price should reflect prices offered to the general public at the time of bidding. The County reserves the right to verify list prices. All other terms and conditions remain unchaneed. END OF ADDENDUM NO. 1 Total Pages: 2 If there are any questions, please contact the staff member responsible for this project, Vikky Bertling, Procurement Analyst I, at phone: (386) 626-6626 or via E-mail: vbertling@volusia.org. Vendor: KXTHYS' MBA, CPPB, CPPO Procurement lan �ge r Purchasing and Contracts Division Please sign and return with proposal 18-B-170VB Rexel USA, Inc. Signed by (Name/Position): Amanda Damian Outside Sales Representative Phone No.: 407-619-9752 Date: 10/18/2018 PAILURETO RETURN MIS FORM WITH THE BID WEPROPOSAL 'TO BE RL,*.,%,'])EREI).,V{),N'-R[',VI'O,,'%'SITE Addendum 1