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2141 PBA 19/20-38 Ten 8 Equipment Fire Pumper EngineC4)iY OF SXNF0RD FINANCE DEPARTMENT PURCHASING DEPARTMENT TRANsMITTAL MEMORANDUM TO: City Clerk/M yor RE: The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order F-1 Mayor's signature F-1 Final Plat (original Mylar's) Fj Recording F-1 Letter of Credit Rendering ❑ Maintenance Bond 0 Safe keeping (Vault) D F-1 Ordinance Performance Deputy City Manager Bond E] Payment Bond F� Resolution F-1 City Manager Signature EJ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department D❑ Return copies Special Instructions: Li,�.d ye y r3oja-d-z4e,,- Norl, SliarePoiiit—Fiiiance—Purchasiiig.Forms - 2018,doc Date Ten -8 Fire Equipment, Inc. Piggyback Contract (PBA # 19/20-38) Lake County (Fire Pumper Engine) The City of Sanford ("City") enters this "Piggyback" Contract with Ten -8 Fire Equipment, Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal and mailing address is 2904 59th Avenue Drive East, Bradenton, Florida 34203, 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" contract. 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 government of Lake County, Florida, said contract being identified "Equipment Proposal per Lake County RFP: 19-0707", as it may have been amended, and in order for the Vendor to provide all goods and services relating to the procurement of a fire pumper engine (said original contract being referred to as the "original government contract"). (2). The original government contract documents are incorporated herein by reference and 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: (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). Notwithstanding anything in the original government contract to the contrary, the City's terms and conditions relating to the issuance of purchase orders or work orders, or referenced in such documents, shall prevail over any inconsistent provisions of the original government contract. (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 Ordofiez, 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 I 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 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. �M (I). IF THE CONTRACTOR/VENDOR 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 CUSTODIAN OF RECORDS AT (. 1 688-5012, - . HOUCHIN, CMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, TRACI.HOUCHIN@SANFORDFL.GOV. (II). In order to comply with Section 119.0701, Florida Statutes, public records laws, the Vendor must: K3 (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. (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 this 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 provisions of this Contract in accordance with the terms and conditions of this Contract. (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. 0 (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. SIGNATURE BLOCKS FOLLOW: � Entered this ipday of November, 2019. Attest: Si6'cey Abraffamy Secretary Attest: ouaim) Traci Houchin, City Clerk, CMC, FCRM Approved as to form and legal sufficiency. VVilliam L. Colbert City Attorney Ten -8 Fire Equipment, Inc., a Florida corporation. i By: B. Keith Chapman President/CEO Date: i I I -)! 7z-) City Of Sanford Jeff Triplett 'or k Date:, qw/n Exhibit "A" [Attach original government contract] AGREEMENT BETWEEN LADE COUNTY, FLORIDA AND TEN -8 FIRE EQUIPMENT, INC. LAKE COUNTY FIRE APPARATUS RFP #19-0707 This is an Agreement between Lake County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", by and through its Board of County Commissioners, and Ten -8 Fire Equipment, Inc., a Florida corporation, its successors and assigns, hereinafter referred to as "CONTRACTOR", collectively referred to as the "parties". WITNESSETH: WHERE AS, the COUNTY has publicly submitted a Request for Proposals (RFP) 419-0707, for procurement of a vendor to provide fire apparatus for the Lake County Office of Fire Rescue, in conjunction with the COUNTY's needs; and WHEREAS, CONTRACTOR is qualified and desires to provide such goods and services subject to the terms of this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual terns, understandings, conditions, promises, covenants and payment hereinafter set forth, and intending to be legally bound, the parties hereby agree as follows: Article 1. Recitals 1.1 The foregoing recitals are true and correct and incorporated herein. Article 2. Scone of Professional Services 2.1 Oif the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to provide fire apparatus for the COUNTY and its Office of Fire Rescue, in conjunction with the COUNTY's needs, and (1) as identified in the Scope of Services, set forth Exhibit A, attached hereto and incorporated herein by reference; and (2) as specified within the solicitation documents; and (3) as proposed by CONTRACTOR in its proposal for RFP #19-0707. Although this Agreement may reference a specific or an estimated number of items or units to be purchased by the COUNTY, it is understood and agreed that the COUNTY may purchase additional items or units from the CONTRACTOR in the future under this Agreement. The parties agree that the CONTRACTOR's proposal to RFP #19-0707 is incorporated into this Agreement by this reference. 2.2 This Agreement shall be effective upon full execution of this Agreement by the parties, unless otherwise stipulated in the Notice to Proceed distributed by the County's Office of Procurement Services, and shall be for a term of one (1) year. Prior to, or upon completion, of the initial term, the COUNTY shall have the option to renew this Agreement for four (4) additional one (1) year period(s), The CONTRACTOR. shall maintain, for the entirety of the stated initial term the same prices included within this Agreement. Continuation of this Agreement beyond the initial period, and any option subsequently exercised, is a COUNTY prerogative, and not a right of the CONTRACTOR. 2.3 The CONTRACTOR shall coordinate, cooperate, and work with any other contractors retained by the COUNTY. CONTRACTOR acknowledges that nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services or products as those undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. Article 3. Payment 3.1 Payment shall for goods and services are as set forth in the Pricing Schedule attached hereto and incorporated herein by reference as Exhibit B. 3.2 Invoices shall be submitted in duplicate to the County user Office after each individual purchase has been completed and apparatus delivered to and final acceptance by the COUNTY. Each invoice shall reference, as applicable, the corresponding delivery ticket number, packing slip number, or other acceptance document that was signed by an authorized representative of the County user department at the time the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the goods or services. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. All invoices shall contain the contract and/or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate County representative. 3.3 COUNTY shall make payment on all invoices in accordance with the Florida Prompt Payment Act, Chapter 218, Part VIL Florida Statutes. Failure to submit invoices in the prescribed manner will delay payment, and CONTRACTOR may be considered in default of contract and the contract may be terminated. 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. 3.4 In the event any part of this Agreement is to be funded by federal, state, or other local agency monies, the CONTRACTOR hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. CONTRACTOR is advised that payments under this Agreement may be withheld pending completion and submission of all required forms and documents required of the CONTRACTOR pursuant to the grant funding requirements. A copy of the requirements shall be supplied to the CONTRACTOR by the COUNTY upon request. 3.5 CONTRACTOR shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of this Agreement; and shall expressly require any contractor performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department ofHomeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Article 4. County &Eponsibilities 4.1 COUNTY shall promptly review the deliverables and other materials submitted by CONTRACTOR and provide direction to CONTRACTOR as needed. COUNTY shall designate one or more County staff member to act as COUNTY'S Administrator and/or Spokesperson. 4.2 COUNTY shall pay CONTRACTOR, in accordance with the provisions of Article 3 above for required services and goods timely submitted and approved and accepted by COUNTY in accordance with the terms of this Agreement. 4.3 The COUNTY retains the right to inspect all goods, services, and work to verify compliance with this Agreement and the solicitation proposal. Such inspection may extend to all or any part of the good or work and to the manufacture, preparation or fabrication of the materials used. Page 2 of 22 S:IDOCUMRNT120191P1ZGCUREMEN7'119-0707 Fire Apparatus119-0707 Agr w Ten8 Fire Tire Apparatus 8.22.19.doex Article 5. Special Terms and Conditions 5.1 Termination. This Agreement may be terminated by the COUNTY upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress but not completed as of the date of termination, then this Agreement may be extended upon written approval of the COUNTY until said work or service is completed and accepted. A. Termination for Convenience. In the event this Agreement is terminated or cancelled upon the request and for the convenience of COUNTY with the required thirty (30) day advance written notice, COUNTY shall reimburse CONTRACTOR for actual work satisfactorily completed and reasonable expenses incurred. B. Termination for Cause. Termination by COUNTY for cause, default, or negligence on the part of CONTRACTOR shall be excluded from the foregoing provision. Termination costs, if any, shall not apply. The 30 -day advance notice requirement is waived in the event of termination for cause. C. Termination Due to Unavailability of Funds in Succeeding Fiscal Years. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, this Agreement shall be canceled and the CONTRACTOR shall be reimbursed for services satisfactorily performed and the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services/Tasks delivered under this Agreement. 5.2 Assignment of Agreement. This Agreement shall not be assigned except with the written consent of the COUNTY'S Procurement Services Director, No such consent shall be construed as making the COUNTY a party to the assignment or subjecting the COUNTY to liability of any kind to any assignee. No assignment shall under any circumstances relieve the CONTRACTOR of liability and obligations under this Agreement and all transactions with the COUNTY must be through the CONTRACTOR. Additionally, unless otherwise stipulated herein, the CONTRACTOR shall notify and obtain prior written consent from the COUNTY prior to being acquired or subject to a hostile takeover. Any acquisition or hostile takeover without the prior consent of the COUNTY may result in termination of this Agreement for default. 5.3 Insurance. CONTRACTOR shall purchase and maintain at all times during the term of this Agreement, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the CONTRACTOR under the terms and provisions of the Agreement. An original certificate of insurance, indicating that CONTRACTOR has coverage in accordance with the requirements of this section, shall be furnished by CONTRACTOR to the COUNTY's Project Manager and Procurement Services Director within five (5) working days of such request and must be received and accepted by the COUNTY prior to contract execution and/or before any work begins. The parties agree that the policies of insurance and confirming certificates of insurance shall insure the CONTRACTOR is in accordance with the following minimum limits: A. General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/2,000,000 Products -Completed Operations $2,000,000 Personal & Adv. Injury $1,000,000 Page 3 of 22 SADOCUMENTi201 %PROCUREMENT119-0707 mire Apparatus119-0707 Agr w Tens Fire Fire Apparatus 8.22.19.dom Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included B. Automobile liability insurance, including owned, non -owned, and hired autos with the minimum Combined Single Limit of $1,000,000 C. Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers compensation insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured, he or she will not hold the COUNTY responsible for any payment or compensation. D. Employers Liability with the following minimum limits and coverage: Each Accident $1,000,000 Disease -Each Employer $1,000,000 Disease -Policy Limit $1,000,000 Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear all applicable policies. Certificates of insurance must identify the RFP or ITB number in the Description of Operations section on the Certificate. Certificates of insurance must provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. It is CONTRACTOR's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. Certificates of insurance must evidence a waiver of subrogation in favor of the COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. CONTRACTOR must provide a copy of all policy endorsements, reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation, Contracts cannot be completed without this required insurance documentation. (Note. A simple CDI WILL NOT be accepted /it lieu of thepolicy endorsements). Certificate holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 All self-insured retentions shall appear on the certificates and will be subject to approval by the COUNTY. At the option of the COUNTY, the insurer shall reduce or eliminate such self-insured retentions; or CONTRACTOR shall be required to procure a bond guaranteeing payment of losses and related claims expenses. The COUNTY shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention shall be the sole responsibility of the CONTRACTOR providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor a failure to disapprove that insurance, shall relieve CONTRACTOR of full responsibility of liability, damages, and accidents as set forth herein. Page 4 of 22 5:V)OCUW-NT12019TROC3REMENnI9-0707 Fire Apparatus\] 9-0707 Agr w Ten8 Fire Fire Apparatus 8.22.19.dmx 5.4 Indemnity. The CONTRACTOR shall indemnify and hold the COUNTY and its agents, officers, commissioners or employees harmless for any damages resulting from failure of CONTRACTOR to take out and maintain the above insurance. Additionally, CONTRACTOR agrees for good and valuable consideration in the amount of ten dollars ($10.00) to indemnify, and hold the Board of County Commissioners, Lake County, Florida, and its officers, commissioners, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities resulting from the negligent act, error or omission of CONTRACTOR, its agents, employees or representative, in the performance of CONTRACTOR's duties set forth in this Agreement. 5.5 Independent Contractor. CONTRACTOR, and all its employees, agree that they shall be acting as an independent contractor and shall not be considered or deemed to be an agent, employee, joint venturer, or partner of the COUNTY. CONTRACTOR shall have no authority to contract for or bind the COUNTY in any manner and shall not represent itself as an agent of the COUNTY or as otherwise authorized to act for or on behalf of the COUNTY. Additionally, 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 on resulting from the award or making of this Agreement. 5.6 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 5.7 Conflict of Interest. CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement, or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Further, CONTRACTOR hereby certifies that no officer, agent, or employee of the COUNTY has any material interest either directly or indirectly in the business of CONTRACTOR conducted here and that no such person shall have any such interest at any time during the term ofthis Agreement unless approved by the COUNTY. 5.8 Retaining Other Contractors. Nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by CONTRACTOR or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. While the COUNTY has listed all majox items which are utilized by the COUNTY's offices and departments in conjunction with their operations, there may be similar or ancillary items that must be purchased by the COUNTY during the term of this Agreement. Under these circumstances, a County representative will contact CONTRACTOR to obtain a price quote for the similar or ancillary items. The COUNTY reserves the right to award these ancillary items to CONTRACTOR, another vendor or to acquire the items through a separate solicitation. 5.9 Delivery and Acceptance. All deliveries shall. be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the CONTRACTOR, except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor. In these cases, CONTRACTOR shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County. Should CONTRACTOR fail to deliver a specific order in the number of days negotiated, the County reserves the right to cancel the specific order under the contract on a default basis after any back order period that has been specified in this contract has lapsed. If the specific order is so terminated, it is hereby understood and agreed that Page 5 of 22 S:\DOCUhfEN'P2019\PROCUREMEN l9-0707 Fire Agrdratusll9-0707 Agr w Tens Fire Fire Apparatus_8.22. [9.docx the COUNTY has the authority to purchase the goods elsewhere and to charge the CONTRACTOR with any re- procurement costs. If CONTRACTOR fails to honor these re-procurement costs, the County may terminate this Agreement in its entirety for default. Certain County employees may-be authorized in writing to pick-up materials under this contract. CONTRACTOR shall require presentation of this written authorization. The CONTRACTOR shall maintain a copy of the authorization. If CONTRACTOR is in doubt about any aspect ofmaterial pick-up, CONTRACTOR shall contact the appropriate user department to confirm the authorization. Apparatus, to ensure proper break in of all components while under warranty, shall be delivered under its own power. Rail or truck freight is not acceptable. A qualified delivery engineer representing the bidder shall deliver the apparatus and remain for the length of time sufficient to thoroughly instruct required personnel in the proper operation, care and maintenance of the equipment delivered. The F.O.B. point for any product ordered shall be F.O.B.: DESTINATION -- INSIDE DELIVERY. The title for each item will pass from the CONTRACTOR to the COUNTY only after the COUNTY receives AND accepts each item. Delivery will not be complete until the COUNTY has accepted each item. Delivery to a common carrier shall not constitute delivery to the COUNTY. Any transportation dispute shall be between the CONTRACTOR and the carrier. The product(s) delivered shall remain the property of the CONTRACTOR until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the COUNTY and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased as a result of this Agreement may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the COUNTY reserves the right to terminate the contract or initiate corrective action on the part of CONTRACTOR, to include return of any non-compliant goods to the CONTRACTOR at the CONTRACTOR's expense, requiring the CONTRACTOR to either provide a direct replacement for the item, or a full credit for the returned item. CONTRACTOR shall not assess any additional charge(s) for any conforming action taken by the COUNTY under this clause. The COUNTY will not be responsible to pay for any product or service that does not conform to dhe contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the COUNTY on the open market, and any increase in cost may be charged against the CONTRACTOR. Any cost incurred by the COUNTY in any re-procurement plus any increased product or service cost shall be withheld from any monies owed to the CONTRACTOR by the COUNTY for any contractor financial obligation. 5.10 Right to Audit. The COUNTY reserves the right to require the CONTRACTOR to submit to an audit, by any auditor of the COUNTY's choosing. The CONTRACTOR shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available to the COUNTY for three (3) complete calendar years following expiration of the Agreement. The CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by the COUNTY to ensure compliance with applicable accounting and financial standards. If the CONTRACTOR provides technology services, the CONTRACTOR must provide Statement of Standards for Attestations Engagements (SSAE)16 or 18 and System and Service Organization Control (SOC) reports upon request by the County. The SOC reports must be full Type 11 reports that include the CONTRACTOR's description of control processes, and the independent auditor's evaluation of the design and operating effectiveness of controls. The cost of the reports will be paid by the CONTRACTOR. Page 6 of 22 S:IUOCUMEI MO191PROCUREMENT'\19-0707 Fire A.pparatusl19-0707 Agr w'ren8 Fire Fire Apparatus 8.22.19.doex If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the CONTRACTOR to the COUNTY in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost ofthe COUNTY's audit must be reimbursed to the COUNTY by the CONTRACTOR. Any adjustments or payments which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the COUNTY's audit findings to the CONTRACTOR. 5.11 Minimum Wage- The wage rate paid to all laborers, mechanics and apprentices employed by the CONTRACTOR for the work under the Agreement shall not be less than the prevailing wage rates for similar classifications of work as established by the federal government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24(f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. 5.12 Codes and Regulations. All work completed under this Agreement shall conform to all applicable federal, state and local statutes, codes, regulations and ordinances. All items purchase under this Agreement shall be in accordance with governmental standards, including but not limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 5.13 Prohibition Against 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 the CONTRACTOR, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 5.14 Copyrights. Any copyright derived from any agreement derived from this Agreement shall belong to the author. The author and the CONTRACTOR shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and all information provided by the CONTRACTOR in any deliverable and/or report for the COUNTY'S use which may include publishing in COUNTY documents and distribution as the COUNTY deems to be in the COUNTY'S best interests. If anything included in any deliverable limits the rights of the COUNTY to use the information, the deliverable shall be considered defective and not acceptable and the CONTRACTOR will not be eligible for any compensation. 5.15 Deficiencies. The CONTRACTOR shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within (20) calendar days after such rejected defects, deficiencies, and/or non -conformances are verbally reported to the CONTRACTOR by the COUNTY, who may confirm all such verbal reports in writing. The CONTRACTOR shall bear all associated costs of correcting such rejected work including pick-up, and delivery. If the CONTRACTOR fails to correct the work within the period specified, the COUNTY may, at its discretion, notify the vendor, in writing, that the CONTRACTOR is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within (20) calendar days of receipt of the notice. If the CONTRACTOR fails to correct the work within the period specified in the notice, the COUNTY shall place the CONTRACTOR in default, obtain the services of another vendor to correct the deficiencies, and charge the CONTRACTOR for these costs, either through a deduction from the final payment owed to the CONTRACTOR or through invoicing. If the CONTRACTOR fails to honor this invoice or credit memo, the COUNTY may terminate this Agreement for default. Page 7 of 22 S:WMUMENMO191PROCUItUMEN7119-0707 Fire ApparatusU 9-0707 Apr w Tens Fire Fire Apparatus 8.22.19.doex 5.16 Warran . The CONTRACTOR agrees to provide the warranty described in Exhibit A and in the proposal submitted by CONTRACTOR to this solicitation (RFP#19-0707). This warranty will be most favorable commercial warranty the CONTRACTOR gives to any customer for comparable quantities of products and/or services and the rights and remedies provided herein are in addition to said warranty and do not limit any right afforded to the COUNTY by any other provision. CONTRACTOR hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the CONTRACTOR shall be new, warranted for their merchantability, and fit for a particular purpose. Warranty repairs shall include pick-up and delivery of the vehicles at no additional cost to the COUNTY. 5.17 Public Records: A. All electronic files, audio and video recordings, and all papers pertaining to any activity performed by the contractor for or on behalf of the COUNTY will be the property of the COUNTY and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records available for inspection by any person even if the file or paper resides in the CONTRACTOR office or facility. The CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the Service has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the contract, the CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone numbers to the COUNTY. B. Pursuant to Section 119.0701, Florida Statutes, CONTRACTOR shall comply with the Florida Public Records' laws, and shall: 1. Keep and maintain public records required by the COUNTY to perform the services identified herein. 2. Upon request from the COUNTY's custodian of public records, provide the COUNTY with a copy ofthe requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for 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 for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the COUNTY. 4. Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, CONTRACTOR shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. IF CONTRACTOR HAS QUESTIONS . REGARDING THE APPLICATION OF CHAPTER 11% FLORIDA STATUTES, TO CONTRACTOR'S -DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT LAKE COUNTY PROCUREMENT, 315 WEST MAIM STREET, P.O. BOX 7800, TAVARES, FL 32778 OR AT 352-343-9424 OR VIA EMAIL AT i)-urchasinz(7a,lakecountvfl.gov. Page 8 of 22 S:IDOCUMFNT120191PROCUitEMhlml9-07o7 fire Appamtus119-0707 Agr w Ten8 fire Fire Apparatus_8.22.19.doex Failure to comply with this subsection shall be deemed a breach of the contract and enforceable as set forth in Section 119.070 1, Florida Statutes. Article 6. General Conditions 6.1 This Agreement is made under, and in all respects shall be interpreted, construed, and governed by and in accordance with, the laws of the State of Florida. Venue for any legal action resulting from this Agreement shall lie in Lake County, Florida. 6.2 Neither party may assign any rights or obligations under this Agreement to any other party unless specific written permission from the other party is obtained. 6.3 The captions utilized in this Agreement are for the purposes of identification only and do not control or affect the meaning or construction of any of the provisions hereof. 6.4 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. 6.5 This Agreement may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. 6.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of this Agreement. 6.7 During the term of this Agreement the CONTRACTOR assures the COUNTY that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and agrees that this Agreement is conditioned upon the veracity of this statement of assurance. 6.8 The CONTRACTOR shall at all times comply with all Federal, State and local laws, rules and regulations. 6.9 Any individual, corporation, or other entity that attempts to meet its contractual obligations with .the COUNTY through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years. The COUNTY as a further sanction may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 6.10 With the consent of the CONTRACTOR, other agencies may make purchases in accordance with the contract. Any such purchases shall be governed by the same terms and conditions as stated herein with the exception of the change in agency name. In addition, although this Agreement is specific to a COUNTY Department, it is agreed and understood that any COUNTY department may avail itself of this Agreement and purchase any and all items specified herein at the contract price(s) established herein. A contract modification shall be issued by the COUNTY identifying the requirements of the additional COUNTY departments. Page 9 of 22 S:\DOCUMENl120I9\YItOCUREMENnl9-0707 Fire Apparatus\19-0707 Agr w Tena Fire_Fim Apparatus 8.22.19.docx 6.11 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 6.12 This Agreement is intended by the parties hereto to be the final expression of their Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. Any items not covered under this contract will need to be added via written addendum, and pricing negotiated based on final specifications. 6.13 Wherever provision is made in this Agreement for the giving, service or delivery of any notice, statement or other instrument, such notice shall be in writing and shall be deemed to have been duly given, served and delivered, if delivered by hand or mailed by United States registered or certified mail, addressed as follows: If to CONTRACTOR: Ten -8 Fire Equipment, Inc. 2904 591 Ave Drive East Bradenton, Florida 34203 cc: Ten -8 Fire Equipment, Inc. 141 Maritime Drive Sanford, Florida 32771 If to COUNTY: Lake County Manager P.O. Box 7800 Tavares, Florida 32778-7800 cc: County Attorney P.O. Box 7800 Tavares, Florida 32778 Each party hereto may change its mailing address by giving to the other party hereto, by hand delivery, United States registered or certified mail notice of election to change such address. 6.14 This Agreement is intended by the parties hereto to be the final expression of their Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. 6.15 This Agreement contains the following Exhibits: Exhibit A Scope of Services Exhibit B Pricing {Remainder gfpage intentionally deft blank} Page 10 of 22 S:IDOCUMENT12019\PROCUREMI-:NT`19-0707 Fire Apparatus119-0707 Agr w Ten8 Fire—Fire Apparatus 8.22.19,doex Agreement between Lake County and Ten -8 Fire Equipment, Inc.—Fire Apparatus; RFP 19-0707 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COUNTY through its Board of County Commissioners, signing by and through its Chainnan, and by CONTRACTOR through its duly authorized representative. CONTRACTOR TEN -8 FIRE EQUIPMENT, INC. By: Vl�'j /'u-- — Stj"Abrahaiy, Wce President/Secretary License 9 VF/1001939/1; MV/100391/1; MV/1000178/1 This ,2 � day of 6-1A , I J— , 2019. COUNTY LAKE COUNTY, FLORIDA, through its BOARD OF COUNTY COMMISSIONERS Approved as to form and legality: `mo('TT )-v,.�,,-iA-- Melanie Marsh, County Attorney �-eshe Lampione, C;tlalrman This day of '2019. Page I 1 of 22 5:\DOCUMEN"112019\PROCUREMENI'\19-0707 Fire Apparatus\19-0707 Agr w Ten8 Fire_Fire Apparatus_8.22.19.docx Exhibit A — Scone of Services Pursuant to the terms and conditions of this Agreement, the Contractor agrees to provide to the County (1) an initial purchase of the fire apparatus specified within this Agreement and (2) an indefinite ability for future purchases of various hereto specified and unspecified fire apparatus. Items that may be purchased by the County from the Contractor under this Agreement include: + 4 -Door 2500 Gallon E -Tanker * 75' Aerial Ladder Truck Tanker Pumper • Special Operations Custom Pumper + Commercial Pumper • 100' Aerial Platform The Contractor agrees to _provide fire apparatus to the County at the pricing and specifications provided by the Contractor in the proposal to solicitation (RFP #19-0707), which is considered, incorporated herein by this reference. CONTRACT ACCESS REIV ANCE A twenty-five hundred dollar ($2;500.00) contract access remittance shall be provided to Lake County for other public entities and/or special fire districts that access this Agreement. A quarterly report will be provided by Contractor showing entities that have accessed the contract, along with their respective anticipated delivery dates. Lake County invoice reductions would be based solely on apparatus deliveries that were completed and had been paid for by the other entity or district. Upon termination of this Agreement, any unpaid access fees would be settled by cash remittance (check) once the units had been delivered. GENERAL The Contractor agrees to furnish and deliver to the County a complete fire apparatus (hereafter "apparatus") equipped as specified herein (unless otherwise agreed by the County in the acceptance of the proposal by the Contractor in RFP Number 19-0707). These specifications cover specific requirements as to the type of construction and tests the apparatus must conform, together with certain details as to finish, material preferences, equipment and appliances with which the successful bidder shall conform. Apparatus furnished under this contract shall be built for the US market. The design of the apparatus shall embody the latest approved automotive design practices. The workmanship shall be of the highest quality in its respective field. Construction shall be heavy duty and ample safety factors must be provided to carry loads as specified. The construction method employed shall allow ready removal of any component for service or repair. The apparatus shall conform to the National Fire Protection Association Standard for Automotive Fire Apparatus, in its most recent edition, unless otherwise specified in this document. Only the specified firefighting support equipment listed in these specification's shall be provided. The apparatus shall further conform to all Federal Motor Vehicles Safety Standards. Page 12 of 22 S:\DOCUMEN'i\20I "ROCUREMENTir9-0707 Fire Apparatus\19-0707 Agr w Ten8 Fire—Fire Apparatus $.22.19.doex The Contractor has provided satisfactory evidence in its bid response, of which the County has relied on in entering this Agreement, of their ability to design; engineer and construct the apparatus specified and shall state the location of the factory producing the apparatus. They must also substantiate they are able to render prompt and proper service and to furnish replacement parts for the apparatus. An all -aluminum body per specifications is required. The body shall be extruded construction design. Formed plate construction is not acceptable. Aluminum bodies mounted on steel sub -frames are not acceptable. To eliminate mixture of dissimilar metal, only aiumintun sub -frames shall be considered. All aerial devices shall have certified Type 1 aerial testing. Custom cabs shall be certified through a third part crash test program. The County requires that a representative of the Contractor attend a Pre -Construction Conference to finalize technical specifications for each type model to be purchased. The County Fire Chief will confer with the Contractor to schedule a date for each conference. A final pre -production drawing of the apparatus will be prepared by the Contractor and be approved by the County prior to construction commencing, This drawing shall become part of the total contract and it shall show, but not limited to, such items as the chassis being utilized; lights; horns; sirens; compartment location and dimensions; etc. Print is to be a visual interpretation of the apparatus to be built. One copy of the final drawing shall be left with the Lake County Office of Public Safety and one copy shall be given to the Office of Procurement Services for record retention. The Contractor shall supply upon request by the County original manufacturer part numbers crossover for parts which are not manufactured by the equipment manufacturer after the award of contract and prior to delivery of equipment. On line parts ordering systems are preferred. Demonstrations and a recommended parts inventory list may be requiired. Documentation provided at the time of delivery shall also include an apparatus safety video, in DVD format. This video shall address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus. Safety procedures for the following shall be included: vehicle pre -trip inspection, chassis operation, pump operation, and maintenance. The pump shall be tested, approved and certified by an independent third -party testing agency at the manufacturer's expense. The County shall not be held liable for costs associated with change orders for which they are not properly notified. The awarded contractor will notify the County, in writing, of any changes on any apparatus ordered. All change orders shall be approved by the County Fire Chief Phor to work being performed. Written change order requests shall include: 1. Changes to be made (i.e.; chassis and/or chassis components; equipment and/or equipment components 2. Any additional time associated with changes 3. Any additional costs associated with changes The County reserves the right to make minor changes to the awarded bid apparatus prior to ordering. Page 1.3 of 22 S:IDOCUM ENTaOl91PROCURa4EN'f119-070'7 Fire Apparatus119-0707 Agr w Ten8 Fire—Fire Apparatus 8.22.19.doex INSPECTION PRIOR TO ACCEPTANCE If and in the event an apparatus is ordered by the County from the Contractor, it is in the interests of the County to visit the site of manufacturing prior to delivery and acceptance of the apparatus to the County. The Contractor has/will factor the costs of transportation for up to three (3) County employees, in accordance with County policy, to travel to the Contractor's manufacturing facilities where the apparatus is then located. This includes a total of two (2) nights minimum per trip if said facility is out of the State of Florida or more than two hundred fifty (250) miles from Tavares, Florida. The County will coordinate with the Contractor at least three weeks prior to a scheduled visit. The County site visit will include: 1. A preconstruction meeting required to completely review the specifications and the drawings prior to the apparatus assembly/construction assembly. 2. Final inspection/performance test. The apparatus shall be 100% complete and ready for delivery. The County shall perform a Trial inspection and full performance test of the apparatus and all integral systems. The Contractor shall provide technical information and authorized representatives to allow for a complete and thorough conformance meeting inspection. All third part certifications shall be available for review at this meeting. 3. Additional trip(s) may be required if the apparatus fails to be ready and in compliance at the expense of the Contractor, with no additional costs to the County. 4. A road test will be conducted with the apparatus full loaded and a continuous run of ten (10) or more miles will be made under all driving conditions, during which time the apparatus shall show no loss of power or overheating. The transmission drive shaft or shafts, and rear axles shall run quietly and be free from abnormal vibration or noise throughout the operating range of the apparatus. Vehicle shall adhere to the following parameters: 1. The front to rear weight distribution of the full loaded vehicle (as defined by applicable NFPA guidelines) shall be within the limits set by the chassis manufacturer. The front axle load shall not be less than the minimum axle loads specified by the chassis manufacturer, under full load and all other loading conditions. 2. The apparatus shall be capable of accelerating to thirty-five (35) mph from a standing start within twenty-five (25) seconds on a level concrete highway without exceeding the maximum governed rpm of the engine. 3. The service brakes shall be capable for stopping the fully loaded vehicle in thirty-five (35) feet at twenty (20) mph on level concrete highway. 4. The apparatus, fully loaded, shall be capable of obtaining a speed of 60 mph on a level concrete highway with the engine not exceeding its governed rpm. In the event the apparatus fails to meet the test requirements of these specifications on the first trial, second trials may be conducted at the request of the contractor and the approval of the County within thirty (30) days of the date of the first trials. Such trials shall be final and conclusive and failure to comply with these requirements shall be cause for rejection. Failure to comply with changes as the County may consider necessary to conform to any clause of the specifications with thirty (30) days after notice is given to the contractor of such changes shall also be cause for rejection of the apparatus. Permission to keep or store the apparatus in any building owned or occupied by the County or its use by the County during the above specified period with the permission of the awarded contractor shall not constitute acceptance. Page ih of 22 S;IDOCUMENI120191PROCURt'MGNTtt9-0707 Fire AppamtwA19-0707 Agr w Teuu8 tiro Tire Apparatus &22.19.doox VEHICLE DOCUMENTS The awarded contractor will be required to deliver all necessary documentation required for licensing the furnished apparatus to Lake County Fleet Management Division, 20423 Independence Boulevard, Groveland, FL, 34736. Vehicles shall be titled: Board of County Commissioners Lake County, Florida PO Box 7800 315 W Main St Tavares, .Florida 32778-7800 Bid prices shall include the cost of vehicle titles. Titling procedures shall be in accordance with the rules and regulation of the Department of .Highway Safety and Motor Vehicles which require the contractor to obtain title for the purchaser. Units shall be delivered with each of the following documents completed: 1. Statement of origin 2. Warrant certificates (including rust proofing warranty) 3. Copy of pro -delivery service report 4. Copy of manufacturers invoice to dealer, price may be deleted 5. Application for certification of title and/or vehicle registration 6. Check for title 7. Temporary tag and 20 -day extension tag 8. Any additional documentation that may be required at no additional costs FACTORY DELAYS Factory scheduling delays shall be reported to the County in writing. Delays should be addressed to: Amy Monday, Contracting Officer 11 Lake County BCC Office of Procurement Services 315 W. Main Street, Room 416 PO BOX 7800 Tavares, FL 32778-7800 MAINTENANCE AGREEMENT A maintenance agreement will be available to the County after the expiration of the apparatus warranty period. The Contractor will submit a copy of the proposed maintenance agreement to the County PARTS AND SERVICE Contractor agrees to furnish to the County a statement identifying where parts and service for the apparatus offered are available to the County. PATENTS AND ROYALTIES A. The Contractor, without exception, shall indemnify and hold harmless the County, its employees and officers from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or un -patented invention, process or article provided by the Contractor. The Contractor will have no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied under the contract ivith equipment or data not supplied by the Contractor or is based solely and exclusively upon the County's alteration of the article. The Contractor Page 15 of 22 SADOCUMEs`M019TROCUREMENTU 9-0707 Fire ApparatuAl9-0707 Agr WW Fire Fire Apparatus_8.22.19.doex will provide prompt written notification of a claim of copyright or patent infringement. A Further, if such a claim is made or is pending, Contractor may, at its option and expense, procure for the County the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the vendor and receive full reimbursement of all monies paid to the vendor). If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bidproposalprices include all royalties and costs arising from the use of such design, device or materials in any way involved in the work. C. The Contractor will defend, at its own expense, any action brought against the County to the extent that it is based on a claim that the article supplied by the vendor under the contract infringes a patent, industrial design, or any other similar right, and the Contractor will pay any costs and damages finally awarded against the County in any such action, where they are attributable to any such claim, but such defense and payments are conditional on the following: the Contractor will be notified promptly in writing by the County of any notice of such claim received by the County, and • the Contractor will have the sole control of the defense of any action or such claims, and all negotiations for its settlement or compromise. EQUAL PRODUCT CAN BE CONSIDERED If a product or service requested by this solicitation has been identified in the specifications by a brand name and has not been notated as a "No Substitute" item, such identification is intended to be descriptive and not restrictive and, is to indicate the quality, and characteristics of product or service that will be acceptable. Vendors offering an alternate product will be considered for award if such product is clearly identified in the proposal and is determined by the County to fully meet the salient characteristic requirements listed in the specifications. An alternate product will not be considered for any item notated "No Substitute". Unless the Contractor clearly indicates in its bid or proposal that it is proposing an alternate product, the proposal will be considered as offering the same brand name referenced in the specifications. I£ the Contractor proposes to furnish an alternate product or service, the brand name of the product or service to be furnished must be clearly identified. The evaluation of the proposal and the determination as to acceptability of the alternate product or service will be the responsibility of the County and will be based upon information furnished by the vendor. The County will not be responsible for locating or securing any information which is not included in the proposal. To ensure that sufficient information is available, the Contractor shall furnish as part of the proposal all descriptive material necessary for the County to determine whether the product oi%red meets the salient characteristics required by the specifications. COOPERATIVE PURCHASES The Contractor must agree to allow any Political Subdivisions of the State of Florida, and/or any other State, County, and Local agencies, Special and/or Volunteer Fire Districts to purchase apparatus at the bid pricing under the same conditions, processes and contract periods. Each ordering agency shall be responsible for their paperwork and billed separately. Lake County shall not be responsible for any costs, damages, etc. incurred by any other entity should they enter into any resultant contracts derived from this bid request. The Contractor shall submit in writing entities requesting to utilize contract quarterly. Page 16 of 22 S:\DOCUML7NTaOI9\PROCUREM13Nnl9-0707Five ApparahusU 9-0707 Agr w Ten8 FireFire Apparatus_8.22.19.doex TRAINING MANUALS TO BE PROVIDED The Contractor shall supply the county with a minimum of three (3) comprehensive training manuals which describe the appropriate use ofthe equipment purchased by the County. The manuals will be supplied prior to, or upon, delivery of the equipment. Final payment will be withheld until such time as these manuals are received by the County. REPAIRS AND PARTS MANUALS TO BE PROVIDED The Contractor shall supply the County with a minimum of three (3) comprehensive repair and parts manuals which identify the component parts, and which describe the appropriate process for repairing the equipment purchased by the County. The manuals must be supplied prior to, or upon, delivery of the equipment. Final payment will be withheld until such time as these manuals are received by the County. SERVICE FACILITIES SHALL BE AVAILABLE FROM RELIABLE SOURCES IN CENTRAL FLORIDA While this solicitation is for the acquisition of equipment, offers will only be accepted from vendors which can certify that service facilities will be available from reliable sources in Central Florida (defined as Lake, Osceola, Orange, Seminole, Volusia, Marion, Polk, and Sumter counties) for parts and repairs. The Contractor has certified through a written statement that the Contractor has its own facility within the stated area for servicing the equipment or certify through a written agreement with an alternate source, that this alternate source will be available for servicing the equipment that will be provided by the Contractor. The County reserves the right to perform an inspection of these service facilities during the offer evaluation period, and any time during the term ofthe contract. The acceptability ofthe size, location, level of security, and overall functionality of the service facility shall be determined by the County in consideration of the contract requirements. The County's best interests shall prevail in this regard, and the decision of the County shall be final. TRADE-IN ALLOWANCES It is hereby understood that if the County wishes to trade in existing equipment in exchange for the new equipment specified in this solicitation, a trade-in allowance may be quoted by the Contractor and applied to the purchase cost of any apparatus ordered by issuance of a purchase order. Apparatus being used for trade in may be inspected by contacting Chief John Dickerson at 352.343.9458 for an appointment. The trade-in equipment shall be rempved from the County premises at no cost to the County. WARRANTY This Agreement was entered based upon the agreement between the County and the Contractor, that Contractor would provide the County a warranty and service support as provided in the Contractor's proposal (RFP#19-0707) . The warranty supplied by the Contractor shall remain in force for the full period identified by the Contractor; regardless of whether the Contractor is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the vendor does not constitute a waiver of these warranty provisions. A copy of warranty will be provided to the County upon request. Page 17 of 22 S:\DOCUMENT12019\NROC1Rl A4ENT%19-0707 Fire Apparatus\19-0707 Agr w Ten8 Fire—Fire Apparatus 8.22.19.doex Exhibit B — Pricing Ten -8 Fire Equipment, Inc. ATTACH ANY EXTENDED WARRANTIES OFFERED AND THE YEARLY COSTS AFTER ALL THE INITIAL VAI2RANTIES EXPIRE (NOTED IN WARRANTY SECTION IN THE SPECIAL TERMS AND CONDITIONS) The County reserves the right to audit invoices from manufacturer's suppliers to verify accuracy ofpercentages listed belong. Item # Item Description UNIT COST 1 4 -DOOR 2500 GALLON E -TANKER $400,673.00 State set percent above bidders cost for the following: Item # Item Description PERCENTAGE 2 Apparatus 4% 3 Equipment Options 12% 4 Apparatus Accessories 10% State percentage discount from identified price list(s) of the following: 5 Cab/Chassis Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current 6 Body Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current Bidder has included a complete description of apparatus construction? YES Nearest factory -authorized parts and service facility: Ten -8 Fire Equipment, Inc. 141 Maritime Drive Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Miles Name/Phone/Cell Numbers of contact person: F16yd Hicks, Service Manager Office: 321-257-5112 Fell: 407-955-1592 Page 1.8 of 22 S:\DOCUMENT\2019\PROCUREMENT119-0707 Fire Apparatus\19-0707 Agr w'ren8 Fire—Fire Apparatus_8.22.19.doex Page 19 of 22 S:\DOCUMENT\'-)019\PROCUREMEN'r\19-0707 fire Apparatus\t 9-0707 Agr w TenS Pire_Fire Apparatus_S 22.19.doex Item # Item Description UNIT COST I 75' AERIAL LADDER TRUCK $784,309.00 State set percent above bidders cost for the following: Item # Item Description PERCENTAGE 2 Apparatus 1% 3 Equipment Options 12% 4 Apparatus Accessories 5% State percentage discount from identified price list(s) of the following 5 Cab/Chassis Parts 10°% Price List www.pierceparts.com Date of Price List Web-Based, Current 6 Body Parts 10% Price List www.pierceparts.com Date of Price List Web-Based, Current Bidder has included a complete description of apparatus construction? YES Nearest factory-authorized parts and service facility: Ten-8 Fite Equipment, Inc..141 Maritime Drive Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Miles Name/Phone/Cell Numbers of contact person: Flcvd Hicks, Service Manager Office: 321-257-5-112 Cell: 407-955-1592 Item # Item Description UNIT COST I TANKER PUMPER $392,728.00 State set percent above bidders cost for the following: Item # Item Description PERCENTAGE 2 Apparatus 4% 3 Equipment Options 12% 4 Apparatus Accessories 10% State percentage discount from identified price list(s) of the following 5 Cab/Chassis Parts 10% Price List w.piercet)arts.corn Page 19 of 22 S:\DOCUMENT\'-)019\PROCUREMEN'r\19-0707 fire Apparatus\t 9-0707 Agr w TenS Pire_Fire Apparatus_S 22.19.doex Page 20 of 22 S;\UOCUMEN712019\PROCUREMEN'1119-0707 Fire Apparatus\I9-0707 Agrw "ren8 Fire_Fire Apparatus_8.22.19.ducs Date of Price List Web -Based, Current 6 Body Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current Bidder has included a complete description of apparatus construction? YES Nearest factory -authorized parts and service facility: Ten -8 Fire Equipment, Inc. 141 Maritime Drive Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Miles Name/Phone/Cell Numbers of contact person: Floyd Hicks, Service Manager Off 321-257-5112 Cell. 407-955-1592 Item # Item Description UNIT COST 1 SPECIAL OPERATIONS CUSTOM PUMPER $635,599.00 State set percent above bidders cost for the following: Item # Item Description PERCENTAGE 2 Apparatus 4% 3 Equipment Options 12% 4 Apparatus Accessories 9% State percentage discount from identified price list(s) of the following 5 Cab/Chassis Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current 6 Body Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current Bidder has included a complete description of apparatus construction? YES Nearest factory -authorized parts and service facility: Ten -8 Fire Equipment, Inc. 141 Maritime Drive Sanfot-4. FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Miles Page 20 of 22 S;\UOCUMEN712019\PROCUREMEN'1119-0707 Fire Apparatus\I9-0707 Agrw "ren8 Fire_Fire Apparatus_8.22.19.ducs Name/Phone/Cell Numbers of contact person: Flovd Hicks, Service Manager Offrce: 321-257-5112 Cell: 407-955-1592 Item # Item Description UNIT COST 1. COMMERCIAL PUMPER $331,702.00 State set percent above bidders cost for the following: Item # Item Description PERCENTAGE 2 Apparatus 45/6 3 Equipment Options 12% 4 Apparatus Accessories g% State percentage discount from identified price list(s) of the following 5 Cab/Chassis Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current 6 Body Parts 10% Price List www, pierceparts.com Date of Price List Web -Based, Current Bidder has included a complete description of apparatus construction? YES Nearest factory -authorized parts and service facility: Tera -8 Fire Equipment, Inc. 141 Maritime Drive Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Miles Name/Phone/Cell Numbers of contact person: Flovd Hicks, Service Manager Office: 321-257-5112 Cell. 407-955-1592 Item # Item Description UNIT COST 1 100' AERIAL PLATFORM $1,256,113.00 State set percent above bidders cost for the following: Item # IItem Description PERCENTAGE Page 21 of 22 S:\DOCUMEN712019\PROCUREMEN7119-0707 Fire Apparatus\] 9-0707 Agr w Ten8 Fire—Fire Apparatus_8.22.19.doex 2 Apparatus 1% 3 Equipment Options 12% 4 Apparatus Accessories 5% State percentage discount from identified price list(s) of the following: 5 Cab/Chassis Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current 6 Body Parts 10% Price List www.pierceparts.com Date of Price List Web -Based, Current Bidder has included a complete description of apparatus construction? YES Nearest factory -authorized parts and service facility: Ten -8 Fire Equipment, Inc. 141 Maritime Drive Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Name/Phone/Cell Numbers of contact person: Floyd Hicks, Service Manager Office: 321-257-5112 Cell: 407-955-1592 The County reserves the right to negotiate with the Contractor for additional services/items similar in nature are not known at time of bid closing. Lake County is exempt from all taxes (Federal, State, Local). A Tax Exemption Certificate will be furnished upon request for any direct purchasing. Contractor will be responsible for payment of taxes on all materials purchased by the Contractor for incorporation into the project. This is an indefinite quantity contract with no guarantee services will be required. The County does not guarantee a dollar amount to be expended on this Agreement. Page 22 of 22 S:MOCUMEN'M019\PROCURFMEN'IU 9-0707 Fire Apparatus\19-0707 Agr w Ten8 Fire_Fire Apparatus_8.22.19.doex