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2140 PBA 19/20-37, Ten-8 Fire Equipment Repairs & Maintenance ServicesY OF .)SXNFORD FINANCE DEPARTMENT PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: - City Clerk/M4yor Cp---A-A— The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order F-1 Mayor's signature ❑ Final Plat (original Mylar's) ❑ Recording ❑ Letter of Credit Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions: Lihw(•yQ.y 13ojo-,oGzZ4&v From SharePoint–Finance–Pureliasingjorms - 2018.doc � Date I Ten -8 Fire Equipment, Inc. Piggyback Contract (PBA # 19/20-37) Lake County (Repairs And Maintenance Services, Etc,) 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 as "Contract No. 16-0615EE — As Needed Repair Services For Lake County Vehicles And Operating Equipment", as it may have been amended, and in order for the Vendor to provide all goods and services relating to repairs and maintenance services for vehicles and operating equipment (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. 1 (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: OXIM-1 (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 2 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 mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. (h). (I). IF THE CONTRACTOR/VENDOR HAS QUESTIONS 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, TRACI.HOUCHIN@SANFORDFL.GOV. 3 (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. (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 M request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. SIGNATURE BLOCKS FOLLOW: Entered this Lg±day of November, 2019. Attest: Ten -8 Fire Equipment, Inc., a Florida corporation. Stabrahanf Secretary Attest. I &u.j dxawlun (M6 peplq Traci Houchin, City Clerk, CMC, FCRM Approved as to form and legal sufficiency. William L. Colbert City Attorney 5 By: B. Keith Chapman President/CEO Date: )j/ )) 7oil City Of Sanford By: _ Jeff Tri Date:.. Exhibit "A" [Attach original government contract] OQ LAKE COUNTY F 1- 0 R I D A MODIFICATION OF' CONT IL Modification No.: 3 2. Contract No.: 16-06151-T Effective Date: October 01, 2018 Effective Date: September 13.2016 3 Contracting Officer: Amy MundaN, 5. Contractor Name and Address: Telephone Number: (352) 343-9765 Ten -8 Fire Equipment 141 Maritime Drive 4. Issued By: Sanford. FL, 32771 Procurement Services Lake County Administration Building Attn: Wilson Boyd, Service Manager 315 W. Main St.. Suite 441 Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten ( 10) days afier receipt. preferably by certified mail to ensure a system of positive receipts. Retain a photocopy or the signed copy of this modification anji attach to original of contract, which was prevj ovided. 7. DESCRiP,rI0N OF MODIFICATION: This modification is issued to extend the contract for a one (1) year period I expiring,9130/2019. 8, Contractor's Signature REOUIRED 9. Lake County. Florida BNf: fide: I C -f- eustoc-JT Co itracting Officer 11 Date: 9 z" tR a Date M Distribution: Original - Bid No. 16-0615EE Copies - Contractor Contracting Officer ;,N i.i V'll,:"" z NIM"', i5r.i ( kMNON� LAKE COUNTY v I t?ISI iv� NIODIFICA HON 01: CONTRACI 1 Wilmson N" ' 2 1,-e mum Ow" 164M 1 W-' 140tuvelloy (Im'On 1,20F E&YmT Win Qwniba It 2110 "'Ifill'i V1111111- 3:)!) 3-11) 9'0"} umn" 11 Sanwa! FL 32-7 mm wymn mwdl 315 W. ;'vi, m Si_ Sutc 41-11 Tavalci, j;hwihn 3r7T7WKl IN,:'I RL (.TR)NS GmuwRm K Rjuhd u", BL 8 skwmg accepmme 4 [tic I)ci(lw wtitten modificauun At"d rutu addre- -4v _tcn_,,,,If.}�' j�j _jpieferably by certified 172:!1} 10 Cn.5LUC :1 MUM uf p"i"We IUCCWIS Wain ti 151"u, of dw gy"I "q! w An nbOdkmon and lItUICAl LO Willtil-d 0j'cOjjT1`JC'., �i 7, lA_SCP,1Pll'It.)N 1+`i\ !I t-. a..,tf:i6`: apalidOmpm w cxwnd Te conum mw mlluiaiml gn"mymy sMwnw" v& Nvt�, K RIii —tt RED joke ksuny, 111mla NAnw, IN? 4400�' *1(:olltr 211m, acling Officer May 31, 2017 fits :l 1!A I, i1 "Jit`.: it, P iJ' n i ,r, LAKE COUNTY 11.0It11)A MODIFICATION OF {'0NTRA(`f t. tioditication No.: I �. (")IIIract 10 1)011 )I .I 3. Effective Date: IAnuar' 6, 201 .I'll-cm r 1 ):tIc7 Scpleitihcr 13, 21116 3. Contracting Officer: Donna \'tlltni$ 5. Cwitnwior Name :incl Atldre>,: Tele hone Number: 352 343-9765 Trn-R Dire I (ipnucrtl I 1-11 1laritimc I)rr,•c (! 4. Issued BF: Sanford 1-I. 32- l Procureuient Services ! Lake Count} Administration Building ,Ann: Wikon I31ted 315 W.14lain St., Suite 441 Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of IIIc hrlou- wrulrn ni,ulitit-au•>rt and return _this form to address shown uh Block 4 within ten (11n days after receiyi prcteral)h hi cerink-1 in:ai I., vi) tjty ,, system of positive receipts. Retain a photocopy of the silnhed copy of this modification and aiinch I., tm,�! t:d •ti rI• which was rneeioush• arovided. 7. DESCRIPTION OF MODIFICATION: The contract is Iiercby amended that, Lake t:nunty reserve, tht: 11,�hl Ito conduct periodic audits to confirm compliance with contract pricing. It is further agreed that if a im( )ic(: includes charges below current contract rates, the County mai- pay- the actual invoiced amount incl dw t end()t wauves their right to any subsequent adjustment. 8. Contractor's Signature REQUIRED 4 Name:i�Es Title: V 5)Zv tt Date: -2 j `) I 1 -.4- . 10. Distribution: Original — Bid/Contract bile Copy — Vendor; Department 9. Lake Counn•, Ht)rida By: Setuor Contracting Ofhcur —ltd—I Dare fltit 1 iv�,�lntnis nt•�t1 i sruvu t ti 11cici 1 �n ,i �� io i 1'() titoX'S011• it L1t SRCS.11.3' ?R•I' 'I ,43 6 • , rliv h ui dol t irwrl r `r+rauur«trmer • it W rrmavi7litk.. l� LAKE COUNTY AS NEEDED REPAIR SERVICES FOR LAKE COUNTY VEHICLES AND OPERATING EQUIPMENT LAKE COUNTY, its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Ten -8 Fire Equipment (hereinafter "Venclor") to provide as needed repair services for Lake County vehicles and operating equipment pursuant to County Bid number 16-0616 (hereinafter "Bid"), and Vendor's Bid response thereto with all County Bid provisions governing, /\ copy ofthe Vendor's herein, thus making it a partofthis Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. Attachments: N/A NO fingDcial obligation under this CoOtF8[t shall accrue against the County UDb| a specific purchase transaction iScompleted pursuant \othe terms and conditions ofthis contract. Vendor shall submit the documents hereinafter listed prior to commencement of this Contract: Insurance Certificate. The County's Procurement Services Manager shall bethe sole judge aatothe fact ofthe fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any loss 0[damage byreason ofsuch breach, whether this Contract iaterminated ornot, said Vendor and their surety for any required bond shall be liable. This Contract is effective from through September 30, 2017 except the County reserves the right t terminate this Contract irnnediate|yfor cause and with thirty ` C3O) day written notice for the convenience of the County. This Contract provides for four (4) one (1 a' renewals at Lake County's sole option at the terms noted in the Bid. ' ' ` ' ^ Any and all modifications to this Contract must be in writing signed by the County's Procurement Services LAKE COUNTY, FLORIDA By: J Senior Contracting Officer Distribution: Original -Bid File "Earning Community Confidence Through Excellence /n Sonvixe^ -- OfUonmfProcurememtSarviomo 315W.Main, Suite 441 P.0, Box 7800 INVITATION't-0 BID (ITB) As Needed Repair Services for Lake County Vehicles and Operating Eguipinent ITR Number: I0-061 5 Bid Duc Date: Bid Dtie `Dime: Contracting officer: I�. Villinis PrnBid Conf. !hate: h tit apl Howle 3:09 p.m. ITti Issue Date: TABLE C*C0NT1-,:NTS SECTION 1: Special Fernis and C onditiom SI --:C HON ?: ` ialenlent of 1Vorl SLC HON 3: (leiicral 'I-ernis and Conditioils SECTION u1: P�'icin!Y;`C:'ertili uii.n:lSi2r.tttur s SE'EC.Ih ICSOLICITA"rION12;< QUIRENIE N 3 S ARE. AS .NCJTED BELOW: IliLl andior Perturn ,,-il Bond: Not applicable liar this solicitation Certificate of Comp::tency.License liideennif icationittisurtsnee- I"'r AW1 ConRwni~c!WAk-Tlxu: Section 11 Section 1_8 AU applicai,lL Iiir this scilicitilLion At the date and time sliecified ahm , all bills that have been recdvvd in a tuned manner "ill be opened, recorded, and accepted for consideration. The nnnics or the bidders submitting bids, will be i•e:td aloud and 1—eCO led. The bids %&H he wdlablc for inspection euu itis, normal business hours hi the: tonke of Prc>; ulviltcnt Se l ice, thiny (30) calendar days lifter the official hill flue date. When countcr- signed by an audwrized County representative. this docunwnt and any specifically identified attachments ,iiay (iirna the comnict docutnen€ binding file limes io all pel-ronnancc specified herein. \,"endtirs shall complete and return lite esti ety of this ITH Document, and attach all outer information reclnested in €his rrH document {See Provishm I,13). Failure to sign the bid response, or to submit the bid reslmmse by the specified tinter and data may be cause frit rejection of the bill. NO -R ES PONS E, REPIA Ifarry vendor doe:-, 1101 vivant to respond to this solicitation tit this time. or. would like iii be removed from I_tikc County's Vendor 1_ist, please mark the appropriate spline, complete name below and return this page oniti'- Cj Not interested at this Qum keep our firm in; IWe CAmnty''s :%etWom I,ist fear l'tnum solicit,tions t it this product i service [7 Please reniove Baur firm from �i lake CornQ Velulacs List lbr this product i service. !Ft'.PU)Oft inEN TIFIC, 1'IC)N Ct mpany Name: ll' s` e ri '" thane Nunih'r: F-iilail rkttdross: i''...- '-1 C:;e", "t't'.:.;n. { _tt...4�,..,-vV'�"� (Vnuwl Peon: SECTION I — SPECIAL PERMS ATNI) C'ONDITIONS IT3 Number: 16-0615 Section I.I: Purpose The purpose of this solicitation is to establish a pool of multiple vendors to provide as needed repair set -vices for Lake County vehicles and operating equipment maintained by the Lake County Fleet Management Division in conjunction with the County's needs. A list of the vcI&Ie and equipment brands currently owned and maintained by the County's Fleet Management Division is included as Attachment 2. This is an indefinite quantity contract with no guarantee services will be required. The County does not guaraAitco a minimum or maximum dollar amount to be expended on any contract(s) resulting from this Invitation to Bid. PLEASE NOTE: CURRENT REPAIR SERVK'11, CONTIUCTS FOR FLEET ANAG,EN'If'NT VEHICLESAIND EQURINIEN-r WILL NOT HE RENEWFI). If your firm eurrenth, holds one or more contract(O with 'Uak,,� County to provide any type of repair servicus to Lakv (ounty vehides or equipment, jcase sub it resnonse to this .9olicitatioit,. The County intends to establish new contracts with multiple ven(fors under thit, solicitation to replace, existing Fleet repair/service contracts. Section 1.2: Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed in writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation, To ensure reply, questions should be submitted no [ater than seven (7) working days before the bid due date. Dortna, Villinis, CPPII. Senior Contracting Officer Lake County BCC Office of Procurement Services 315 W. Main Street, Room 441 PO BOX 7,800 Tavares, FL 32778-7800 Phone, 352,3419839 Fax : 352.343,9473 El,'-filail: clvillilii.s�Fi)lakCCOLIIIIYI'I.L, V No answers given in response to questions Submitted sh-A be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Off -ice of Procurement Services. Section 1.3: Method of ANvard in the County's IlestInterests As the best interests of the County may require, the County reserves the right to make award(s) on a lowest price basis by individual item, group of items, all or none, or a combination thereof, with one or more vendor(s); to reject any and all offers or waive any minor irregularity or technicality in bids received. N SEMONT I — SPECIALTEMIS AND CONDITIONS ITB Number: 16-0615 The County intends to award multiple contracts under this solicitation to maximize coverage for the variety of brands and type of vehicles and equipment A maintains. Section 1,4: Prebid Conference Not applicable for this solicitation. Section 1.5: 'I'crin of Contract This Contract shall corn(nerice on the first calendar clay of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter Gistributed by the County's Office of Procurement Services; and contingent upon the completion and submittal of all required pre -award documents. The initial contract term shall remain in efrect for twelve (12) months, and then the contract will remain in offect until completion of the expressed wid/or implied warranty period. The contract prices resultant from this solicitation shawl pr-.va-;l for the full duration of the initial contract term unless otherwise indicated elsewhere in this document, Section 1.6: Option to Renew The Coarity shall have the option to renew this contract for -four (4) additional one (1) year period(.,;). The vendor will be notified prior to the completion of the initial term and oac.a subsequent term of the contract of the County's intent to renew. Prior to completion of each exercised contract term, the County may consider an adjustment to price based on changes in the following pricing index: U.S. Department of Labor, Bureau of S4aTiSt ' Labor Statistics (LILt_p Wage Earnings and Benefits Calculators, It is Lhe vendor's responsibility to request in writing any pricing adjustment under this provision. The vendor's written request for adjustment should bt: submitted thirty (30) calendar days prior to expiration of the then current' contract terra. The vendor adjustment request must clearly substantiate the requested increase. The written request for adjustment should not be in excess of the relevant pricing index change. If no adjustment request is rece;ved tioni the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period shall nof be considered. "rhe County reserves the right to reject any written price adjustments justments submitted by the vendor anchor to not exorcise any otherwise available option period based on such price adjustments. Clonthwation of the contract beyond the initial period, and tiny option subsequently exercised, is a County prerogative, and not a right ol'the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. Section 1.7: Method of Payment The vendor(s) shall submit in. -voices to the County user department(s) after each individual work order has been completed, whether the piece of equipment or vehicle was picked up by 3 SECTION 1, -- SPECIAL °I ANID CONDITIONS ITB Number 16-06 15 authorized County personnel or delivered to the County by the vendor. In addition to the general invoice requirements set Borth below, the invoices shall reference, as applicable, the corresponding delivery ticket nuniber, packing stip 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 seventy-two (72) hours from the completion of the services and return of the vehicle/equipment to the County. Under no circumstances shall invoices be submitted to the County in advance of the delivery and acceptance of the vehicle/equipment. 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. failure to submit invoices in the prescribed manner will delay payment, and the vendor may be considered in default of contract and the contract may be terminated. Payments shall, be tendered in accordance with the Florida Prompt Payment Act, Part V11, Chapter 218 Florida Statutes. Section 1.8: Insurance Eacl,. vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the 'following requirements: [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County.] An original cv-1ifleate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section. shall be filmished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by (ho County prior to contract execution and/or bef-broany work begins. The vendor shall provide and maintain at all times during the term of any contract, without cosi or expense to the County, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to Lhe County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the periformance of duties, services ardlor obligations ions of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the ("ounty at the certificate holder address evidencing conformance with the contract requirements at ail times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall insure the vendor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Comint;rcial Genera" Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: I-'ach Occurrence/Gencral Aggregate $1,000,000/2,000,060 Products -Completed Operations 52,000,000 Personal & Adv. li1jury $1,000,000 4 SEMON I — SPECTAI/rERMIS AND CONDITIONS ITB Nuniber: 16-0615 Fire Damage $50,()00 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including owned, non -owned, and hired autos with the following minimum limits and coverage: Combined Single Limit S1,000,000 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 requiIhig workers' compensation (Federal, maritime, etc.). If not required by law to maintain woricers compensatioii insurance, the vendor 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 corriperisation. Rmployers Liability insurance with the following rninimum limit-, and coverage: e Each Accident Disease -.Each Employee Disease -Policy Litnit $1,000,000 $1,000,000 S1,000,000 Professional liability and/or specialty insurance (medical malpractice, engine -ITS, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with rninimum limits of $1,000,000 and annual aggregate of $2,000,000. The followin addifiorial coverage must also benrovided: G'ar,age Liability at coverage value., 10,000,000 Garage Keepers 00 "1 Direct 11riniary hasiN .at vovera,41we vallie: $1,000,000 Lake County, a Political Subdivision of the State of Florida, and the Board of County Conirnissioners, Shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) (lays prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the Vendor to certify compliance, on the certificate of itismatice, with all of the above requirements, then the Vendor is requirec to provide a copy of the actual policy endorsement(s) providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (IT]YRRI/R17,Q) number in the Description of Operations section of the Certificate. Certificate holder shall b-1: SECTION 1 — SPECIAL T + RMS AND CONDITIONS I'M Number; 16-0615 LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 Certilicates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and. noncontributory, and that each evidenced policy includes a Cross Liability or Severability oflnterests provision, with no requirement: of premium payment by the County. The Vendor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements. All self-insured retentions shall appear on the certificale(s) and shall be subject to approval by the County. At the option of the County, the insurer shall reduce or eliminate such self-insured retentions, or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses. 'l'he County shall be exempt from, and in no way liable for, any sums of motley, 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 vendor and/or sub 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 the vendor or Subcontractor(s), nor a Iailure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein. Section 1.9: Bonding Requirements Not applicable for this solicitation. Section 1.10: Completion/Delivery As specified in Section 2, Statement of Work. Section 1.11: Acceptance of Goods or Services The services rendered under the contract will not be deemed co.rriplete, until a physical inspection and actuat usage of the vehicle/equipment is (are) accepted by the County and shall be in compliance with the terns herein, luny in accord with the specifications and of the highest quality. I 'SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 16-0615 VchiclQs and equipment serviced under this contract may be tested and/or inspected for compliance with specifications prior to being accepted by the County. In the event that any aspect of the services provided is found to be defective or does not coatform to tb.e specifications, the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor, or obtain a full credit for the unacceptable services. The vendor 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 services that do not conform to the contract specifications. In addition, any services deemed to be defective or unacceptable, or which are 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 awarded contractor. Any cost incurred by file 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 contract or financial obligation, Section X.11.1: Deficiencies in Work to he Corrected by the Vendor The vendor 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 sta yrs. All corrections shall be made within seven (7) calendar days after such rejected defects, deficiencies, and/or non -conformances are verbally reported to the vendor by the county's project administrator, who may confirm all such verbal. reports in writing. The vendor shall bear all costs of correcting such rejected work. Cf the vendor fails to correct the work within the period specified, the County may,, at its discretion, notify the vendor, in waiting, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within ten (10) calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the County shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs, either through a deduction from the final payment owed to fine vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the County may terminate the contract for default. Section 1..12: Warranty As specified in Section 2, Statement of Work. Section 1..13: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail fi•om the UrS. Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, D141, private courier, etc.) will be opened for security and contamination inspection by the Take County Clerk of the Circuit Court Mail Receiving Center in an off-site secure controlled .facility prior to delivery to any Lake County Government facility, which includes the Lake County Office of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Office of SEC'T'ION 1 — SPECIAL TERMS AND CONDITIONS [TB Number: 16-06i5 Procurement Services prior to the date and time established within the solicitation. A response will not be considered fir award if received in the Office of Procurement Services alter the official due date and tune regardless of when or how it was received by the Lake County Cleric of Court Mail Receiving Center. Allow sufficient time Cor transportation and inspection. Each package shall be clearly marked with the applicable solicitation number, title, and company name. Ensure that your bid or proposal is securely sealed in an opaque envelope/package to provide confidentiality of the bid or proposal prior to the due date stated in the solicitatio;l, If you plan on submitting your bid or proposal IN PERSON, please bring it to: LAKE COUNTY PROCUR13ME T SERVICES 315 W. MAIN STREET =TI -1 FLOOR, ROOM 441 TAVAR:CS, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to: LAKE COUNTY PROCUR13MENT SERVICES 110 BOX 7800 'AVARES. FL 12778--7800 If you subinit your bid or proposal by a TUIRD PARTY CARRIER such as FedEx, UPS, ora, private courier, please send it to: LAKE COUNTY PROCUREMENT SI:sRVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG, FL 34788 Facsimile (fax) or electronic submissions (e --mail) will not be accepted. Section 1.14: Completion Requirements One original bid and three (3) complete copies of the bid shall be sealed and delivered to the Office of Procurement Services no later than the official bid due date and time. Any bid received atter this time will not be considered and will be returned unopened to tilt: submitter. The County is not liable or responsible for any costs incurred by my Bidder in responding to this ITB including, without limitation, costs for product and/or service demonstrations if requested. When you submit your bid, you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the forni(s) provided in this document. If you make any change to the content or format- of any form, the County may disqualify your offer. All information shall be legible and either written in inkor typewritten. If you make a correction or change on any document, the person signing the bid proposal must r r. i SECTION 1 -- SPECIAL TERMS AND CONDIrrIONS ITB Nuillber: 16-0615 initial the change. The laid shall be manually signed in BLUE INK by an official authorized to legally bind the Bidder to its provisions. COMPLETION Ol:' 131D PACKAGL: The vendor shall complete all required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation. The vendor shall also submit any supporting documents (to include proof of insurability and provision . of 'lid bonds as required), samples, and/or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope / package marked "Literature for Bid 16-0615." Do not indicate bid prices on literature. Specific Completion .Directions: > One original and three copies of this complete 1T13 document (all pages) shall be, submitted as the bid subnllttal with sections completed as noted herein. > Pricing shall be completed as directed within Section 4. A Initial and date in BLUE INK the appropriate space(s) for cacti addendum you received for this I'f`B. r Insert any prompt payment discount that you will offer. Note payment is NET 30 DAYS otherwise. Complete all certifications inciudcd within Section 4 of the solicitation. A Complete the reference information sheets (include at least three references) contained'Arithin the solicitation. > Complete the vendor information, and sign the bid (IN BLUE INK) in the spaces provided in Section 4 of the solicitation. > Submit either a certificate of insurance, or evidence of insurability; that is in compliance with the stated insurance requirements in Section 1.8, Section 1.15: Additional Services may be Added Although this solicitation and resultant contract identifies specific services to be performed, it is hereby agreed and understood that services may be added to this contract at the option of the County, When required by the pricing structure of the contract, vendor under this contract shall be invited to submit price quotes for these additior:al services. The additional services shall be added to this contract by :formal modification. The County may obtain price quotes for the additional services from other vendor in the event that fair and reasonable pricing is not obtained from the current contract vendor, or for other reasons at the County's discretion. Section 1.16: Availability of €;'onti-sict to Other County Departments Although this solicitation is specific to a. County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the vcndor(s) at the contract price(s) established herein. Under these J SECTION I — SPECIAL TERMS AND CONDITIONS ITB Ntirnbm 16-0615 circumstances, a contract modific4ition shall be issued by the County identifying the requirements of the additional County department(s), Section 1.17: Certificate of Competency/Licensure, Permits, and Fees Any person, firm, corporation or joint venture that submits aur offer in response to a, County 4 solicitation shall, at the thaic of such offer, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades is required in conjunction with this solicitation and roil: be performed by a sub-contractor(s) or vendor(s) hired by the prime/responding vendor, an applicable Certificate of Competency/license issued to the sub-contractors)/hired vendor(s) shall be submitted with the prime/responding vendor's offer; provided, however, that the County may at its option and in its best interest allow the print/responding vendor to supply the sub contractor(s)/hired vendor(s) certificate/license: to the County during the offer evaLiation, period. The prime/responding vendor is responsible to ensure 'hat all required licenses, permits, and fees (to include any inspection fees) required tbr this project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated herein. Damages, penalties, and/or fines imposed on the County or the vendcir for failure to obtain required licenses, permits, inspection or other fees, or inspections shall be borne by the vendor. Section 1,18: Competency of Vendors and Associated Subcontractot*s The County may elect to conduct a pre -award inspection of the vendor's -facility during the offer evaluation process. Offers will be considered only from firms which are regularly engaged in the business of providing or distributing the goods and/or verfornning the services as described in the solicitation, and who can produce evidence of a consistent satisfactory record of performance. Vendors must demonstrate that they have sufficient financial support and organization to ensure that they can satisfactorily execute the contract if awarded under the Cerins and conditions herein stated. In the event that the vendor intends to sub -contract any part of its work to another vendor, or will obtain the goods specifically offered Linder this contract from another soul -cc of supply-, the vendor may be required to verify the competency of iLs sub -contractor or supplier. The County reserves the right, before awarding; the contract, to rcquln; a vendor to submit such evidence or its qualifications and the qualificatioris of its sub -contractor as it may deem necessary. The County may consider any evidence available to it of the financial, technical and other qualifications and abilities of any vendor responding hereunder, including past performance with the County, in determining vendor responsibility for the purposes of selecting a vendor for contract award. Section 1.19: Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Elcalth Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFTA). 10 SEC, MN I — SPECIAUrERMS AND CONDITIONS ITB Nuiiiber: 16-0615 Section 1.20: Cost Estimates /Price Quotations As specified in Section 2, Statement of Work. Section 1.21: Hourly Rate The hourly rate cluoted shall be deemed to provide full compensation to the vendor for labor, equipment use, travel time, and any other element of cost or price. This rate is assLinled to be at straight-firric for all labor, except as otherwise noted. The vendor shall comply with minin-lurn wage standards, and/or any other wage standards specifically -set -forth in itis solicitation and resultant contract, and any other applicable laws of the State of Florida, If overtime is allowable under this contract, it will be covered under a separate iter in the special clauses. Under this contract, the wage race paid to all laborers, mechanics and apprentices employed by the vendor for the work tinder the coraract, 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 (0 of the Florida Constitution and enforced by the Florida. Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. Section 1.22: Lal)or, Materials, and Equipment Shall be Supplied by the Vendor - Unless otherwise stated in, this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identilded in the technical specifications, such materials and equipment shall be of a 'suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. Section 1.23: Omission from the Specifications The apparent silence of this specification and any addendum regarding any details, or the omission from the specification ofa. detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail.. and that only materials and C, o ate s n worl'unediship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. Section 1.24: Risk of Loss The vendor assumes the risk of loss of damage to the County's property during possession of such property by the vendor, and until delivery to, and acceptance of, that property to the County, The vendor shall irrimediately rep -air, replace or make good on the loss or damage Without cost to the County, whether - the loss or damage results from acts or omissions (negligent or not) of the vendor or a third party. Tlie vendor shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of Action which may arise out of !.-Ile fulfillment of,'this contract. The vendor SECTION I — SPECIAL ':TERMS AND CONDITIONS I'M Numbur: 16-0615 small pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the narne of the County when applicable, and shall pay all costs and judgments which may issue thereon. Section 1.25: Special Notice to Vendors Regarding Federal and/or State Requirements Uport award of a contract resulting from this solicitation, the vendor shall utilize the U.S. Department of Flonicland Security's E -Verify system in accordance with the terins governing use of the system to confirm, the employment eligibility of - 1) Ali persons employed by the vendor during the term of the contract to perform employment duties within Lake County; and 2) All persons, including subcontractors, assigned by ll, -,e vendor to perform work pursuant to the contract. 12 SECTION 2 — STATEMENT OF WORK ITB Number 10-0615 SCOPE OF SERVICES It is the intent of the County to establish multiple contracts with several vendors for the provision of various types of repair set -vices on an as needed basis for Lake County vehicles and operating equipment. This is an indefinite quantity contract with no guarantee services will be required. The County does not guarantee a minimum or niaximurn dollar amount to be expended on any contract(s) resulting from this Invitation to Bid. **Vendors Nyho hold current contracts with Lake Couniv for vehicle/equipment repair set -vices are required tit submit a new bid under this solici-tation. Cnri-rant contracts will not be renewed. The County owns and operates various makes, models, brands, types, and sizes of vehicles and operating equipment, including cars, SUIVs, trucks, buses, Fre trucks, heavy equipment, and both large and small agricultural, lawn, and construction equipment, and desires to establish repair contracts with multiple vendors to cover all its service and repair neccls. A list of currently owned brands is included as Attachment 2 of this ITB. Types of services and repairs that may be required under the resulting contract(s) include but are not limited to: hydraulic, drive -train, electrical, chassis, heating/air conditioning, transmission, wheel alignment, tire balancing, suspcii.sion. steering, welding, 17CIr0fitti-t1g, Upfitment and restoration. Unless otherwise stated in this solicitation, the Vendor shall furnish all labor, parts, products, materials, supplies, equipment, and incidentals necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade 1br the purpose. All rnaturial, workmanship, and equipment shell be subject to the inspection and approval of the County's Elect Manager. Parts supplied illust be of tile highest quality that meet or exceed original vehicle manufacturer (OEM) specifications and/or quality for a rnixcd fleet with diverse ages, operating Under diverse conditions, If Fleet or the ordering department gives prior approval, parts supplied by the Vendor, in conjurction with this contract, may be maintenance certified (re -manufactured, rebuilt, or re -conditioned), as long as they are warranted for merchantability and early a warranty equal to new products. Ajay remanufactured, aftermarket, or fabricated parts shall meot or exceed 013M warranty standards. The Vendor's supplier of maintenance certified equipment shall be easily identifiable to the County. In tile event any of the materials supplied to the County by the Vendor are found to be defective or do not conform to specifications, the County 1*"Crvcs the right to eillier; (1) cancel the order and return such materials to the Vendor at tie Vendor's expense; or (2) require the Vendor to replace the materials at the Vendor's expense. Required T'aciflfy, L mient, andVLaffing The Vendor shall furnish all labor, materials, tools, and cclulpirtent necessary for satisfactory contract perl'ormance and as recommended by the vehicle or equipment manti-facturer(s), Thu Vendor must have clean, complete, modern facilities or access to such facilities. Jlie* Vendor(s) shall have adequate machinery to perform any type of repair required under the contract, including adequate tooling machinery capable or in-house suspension repairs and aligiunents for all County vehicles., including buses and fire trucks. The Vendor(s) shall also ,3 SECTION 2 -- STATEMENT t3T<'UVOR ITB Number: 16-0615 possess all special hand. tools and special equipment recommended by vehicle manufacturers to effectively and efficiently make repairs. Vendor(s) shall abide by all applicable OSHA requirements, Furthermore, all staff assigned to the County's projects shall be AS11 or factory certified mechanics. All material, worlmianship; and equipment shall be subject to the inspection and approval of the County. Pricin Pricing shall be entered in Section 4. For purposes of this ITB, "normal" business hours shall be defined as 5:00 a.m. to 5:00 p.m., Monday through: Friday; "after hours" shall be defined as 5:01 p.m. to 7:59 a.m. Monday through Friday, weekends, and holidays. )=hourly rates submitted in bids for repairs and service shall include travel time and mileage - the County will not pay for separate travel time or mileage if invoiced by the Vendor. Vendors shall also submit a discount percentage (to be deducted from the vendor's list price) for parts to be used in performing repair services under the contract and in the event Flect wishes to purchase parts for its own use. Upon request, the Vend-or(s) shall be requited to furnish price lists (printed or microfiche) at no additional charge to the County. This price list shall provide descriptive literature, technical data and service information for parts and materials. Time of delivery for these lists shall be mutually agreed upon by the Vendor(s) and the County, Esriarttrtes/+t'Iatotaations The Vendor shall submit a Nvritten estimate for each prospective project under the contract before a Work Order for that specific project is issued. The estimate must adhere to the pricing submitted in the Vendor's original bid and shall be clear and legible and include the following: County vehicle number, VIN, estimated start and completion dates, labor hours and rate per hour as submitted in bid, itemized listing of replacement repair parts showing retail list price of each part less vendor's discount percentage submitted in bid. The estimate shall be itemized by the number ofwork hottz� per classification, and by the cost of materials and equipment, Estimates must include all applicable fees and charges including, but not limited to, miscellaneous shop charges, environmental charges, disposal fees, etc. as provided in the bid, Charges will not be paid by the County unless specifically listed in the Vendor's original bid submittal. The written estimate must be sent via e-mail (F leetlblainicriancc�rlakecountvfl.<=ov} to the Fleet Maintenance Division representative within twenty -Pour (24) hours after receiving the vehicle for estimate. An appropriate e-mail address will be supplied to the Veridor. The County reserves the right to obtain estimates fi•orn multiple contracted vendors, to award the individual project based on the lowest estimate, or to reject all estimates when such action is determired to be in the best interests of the County, rind obtain the required set -vices from another source of supply. Upon receiving notice to proceed prom the County, Vendor shall perform the work per estimate. In the event that additional needed repairs arc discovered, the vendor shill contact County representative and shall confirm the need for such work and provide an amended Nwitten price quote for the additional work and, if applicable, a revised wort: completion schedule prior to Vendor proceeding with the work. E 1 t, SEC11ON 2 — STATEMENTOF WORK ITB Number: 16-0615 ParOlProductti When performing repairs, the Vendor shall use parts which meet or exceed Original Equipment Manufacturer (OEK standards. If fleet or the ordering department gives prior approvat, parts supplied by the Vendor, in conjunction with this contract, may be maintenance certified (re- manufactured, rebuilt, or re -conditioned), as long as they are Warranted for mercharitabilrty arra{ carry a warranty equal to new products. Any remanufactured, aftermarket, or fabricated parts shall meet or exceed OEM warranty standards. The Vendor's supplier of maintenance certified equipment shall be easily identifiable to the County. When not specifically identified in the technical specifications or ORM standards, parts and materials shall be of a suitable type and grade for the purpose. All such materials, workmanships, and equipment shall be subject to the inspection and written approval of the County. In the event any of the materials supplied to the County by the Vendor are found to be defective or do not conForm to specifications and have not received written approval; the County reserves the right to either: (1) cancel the order and return such materials to the Vendor at the Vendor's expense; or (2) require the Vendor to replace the materiats at the Vendor's expense. All damaged/nonworking parts which are replaced by the Vendor must be kept for a minimum of fourteen (14) days f2ir the purposes of inspection by the County. 1f disposal prior to the fourteen (14) day period is desired, the Vendor must contact the County and request in writing permission for early disposal. When applicable, it shall be the Vendor's responsibility to ensure that the County has received the latest version of any MSDS :Forms required by 29 CFR. 1910.1200 for any hazardous material. Should the content of an existing MSI)S he revised; the Vendor shall promptly provide a new MSDS to the County with the new information relevant to the specific material. Repair ?Mies The Vendor must make a good faith effort to complete repairs in a timely manner after the vehicle has been authorized for repair. As part of the vendor quoted cost for repair, the Vendor shall provide arty estimated repair time for completion of work. Should an extension of this time period be needed, the Vendor shall request a time extension from the Co -Linty immediately after the known delay. This time extension shall be in writing and shall include die reason and backup documentation for the delay and new time of completion. Time extensions shall only be granted for parts delivery delays or changes in scope of work by the County. The Vendor will be assessed fifty dollars ($50.00) per day delay damages For each business day that is past the estimated completion date. The total of such damages will he deducted from the Vendor's final invoice. In the event of failure by the Vendor to deliver services in accordance with the contract terms, after oral or written notice, the County .may cancel the notice to proceed (NTP), retrieve the vehicle, and procure the services from other sources as necessary. Repeated failure of a vendor to perform in accordance: with the contract ternns and/or notices to proceed may result in ternlination of the co.n.tract. Delivery, Pickup, and Storage of VehicCes 15 'SECTION 2 — STATE Nli,l` NTOF WORK 1TB Number: 16-0615 The Vendor shall have the capability of transporting and storing vehicles. While the vehicle is being repaired or is awaiting repairs, the vehicle shall be stored in a safe, secure location. Storage shall be at no charge to County. Upon completion of the repair services, the vendor may be requested to deliver the vehicle to the County. These deliveries shall be made to Fleet Maintenance Shop during normal Fleet business hours only (Monday -Friday, 8:00 a.m. - 5:00 p.ni.) Upon receipt of the vehicle by fleet, all work will be inspected by the Fleet Manager or designee before acceptance. Improperly repaired vehicle(s) will be returned to the Vendor for proper repair. Al returned work must be completed at the Vendor's expense according to industry standards, 1'_ wind? If the Vendor has the capability of providing towing services, please indicate so in the Pricing Section. "Regular" towing services are defined as being performed during normal business hours (M -I. , 8:00 a.m. — 5:00 p.m.) from the Fleet Maintenance Shop. In addition to "regular" towing services, Vendors who have the ability to tow vehicles may be requested to provide emergency towing; services for vehicles. Emergency services would be defined, as towing services outside normal business hours from any location within the County. All vehicles towed shall be towed directly to the Vendor's repair shop. Pricing for towing services is requested in Section 4 as a per mile rate. If Vendor has a price sheet with towing prices defined, please include a copy with the bid submittal, Work Qu afilLlff ararnanty The Vendor shall guarantee repairs abainst any and all &.1ects in workmanship, puts or materials. All work performed shall be subject to an unconditional repair warranty of one (1) year/12,000 miles on labor and the repair parts shall have the standard manufacttiirer's warranty. All warranties shall be enforced and honored by the Vendor. The Vendor shall guarantee that all repairs performed will return the vehicle to manufacturer's spocifi cations. F'ailurc to comply with this requirement shall result in immediate return of the vehicle at the expense of Vendor for prompt repair. Vehicle (11111 F,,qu �Tykes A general listing of the brands of vehicles and operating equipment currently owned and maintained by the County's Fleet Management Division which shall be included under this contract can be found in Attachment 2 of this ITB document. Vendors are asked to place a check niark on the line for those brands that can be supported by the firm. The County reserves the right to add or delete equipment, vehicles, and brands from this contract as needed over the lite of the contract. 16 sE ,-,ION 3 -- GENERAL ThRNIS AND CONDITIONS 3.1 DE''FINITIONS Addenda, A ikTittcn change to a solicitation. Sid: Shall refer to any offers) submitted in response to this 11,13. Bidder: Refers to any entity that submitted a bid under an ITIK Contract: The agfMalent to perform [tie SuViecS set forth in this solicitation. The contract will be comprised of the solicitation document signed by both parties with any addenda and other attachments specifically incorporated. Contractor: The vendor to which award has been made. County: Shall refer to Lake County, Florida. Invitation to Bill (IT13): Shall metro tllis solicitation document, including any and all addenda. An ,1713 contains well-defined terms, wnditions, rind specificntions, and is awarded to the lowest priced respolsive and responsible biddee Modiftention: A written chanpe to a contract. Responsible: Rolers to a bidder that has the capaciiy and capability to peri'arm the work required under an Invitation to Bid, and is otherwise eligible I -or award. Responsive: Refurs to it bidder that has taken no exception or deviation from the isms, conditions, and specifications in an ITB. Solicitation: The written document requesting either bills or proposals lion fhc marketplace Vendor: A general relcrcnce to nny enlity icspoodii-g to this solicitation or perfonanng under may resulting contract, The County has cstablnshed thal the words "shall" "nitist", 01 "will" are equivalent within this 17113 and indicate a mandatory requirement which shalt not be waived by the County. 3.2 iNSTRIX—FIONS TO BIDDERS A. Bidder Qualification It is the policy of the County to enururage hili and opera competition among all available qualified vendors. all vendors regularly engaged in the type of work specified in the solichadon are eneournged to submit bids, To be rewnuneadod Cor award the County requires tirarvendors provide cvidenc: or compliance with the icquircircnts below upon rcqucMt 1. C)isclosurcofrnlploynent 2. [7isclasure 01C)wilership 3. l7a-ug; Frcc Workplan: 4. W-9 and 8109 Forms —Tho vendor roust tihmish these roans upon request as required by the Internal ficvenuc Service, 5, Social Security Number —` is vendor must provide a copy of the prinuuy owner's social security card it the social security numbcr is being used in lieu of 1110 Federal identilicatiun Number (F.ID.N.) b. Amuicuns with Visabilitics Act (A.I7.A.) 7. Conflict of Interest 8. f)eharnhcnt Disclosure Affidavit 9. Nondiscrimination 10. Family Leave I I Antitrust Lases — By acceptance of tiny contrnet, the vendor agrees to comply nvith all applicable antitrust laws. B. Publie Entity Crimes Pursuant to Section 297.[33(2)(a) or (lie Florida Sianttcs, : person or allilimc who has lwcn placed oft the convicted vendor list f•011owing it wnviction for a public entity crime may not submit a bid on a contract to provide tiny goods or services to a public entity, may not stilatit a bid on it coulmet with a public entity for the construction or repair orn public building or public work. may not submit bids on Icaucs or read property to a ppublic utility, may 110E be awarded or perform as a Contractor. strppllet-, subcolnraclor, or consultant uniter a contract with any public entity, =aid may not tnmsael business with any public entity in excess critic threshold amount provided in 5cetion 287.017 of the Florida Striates, for CATi DORY TWO ter a puiod or 36 months from the date ol• being pieced on the convicted vendor list, C. Request for Additional information Any communication or inquurics. except Ibr ckritiu tion orpiocess or procedure already contained in fhc solicitation, arc to be made in w iling to Uic alt-untion of the pricutcrucnt representative idcnlifred in the solicitation no later them live (5) working, dtlys prior to the bid title date. Sura inquiries shall contain the requesicr's name, address, and telephone number. The Pnrurenicnl SOrvices 011ier 17 ITB Number: 16-0615 may issue all addendum in response to any inquiry received, prior to bid opening, which changes, adds to, or clarifies the terms, provisions, or rquircmcnts of fhc solicitation. The bidder should not rely on any staic ncnt or explanation whether written or verbal, other than those madu in this soficitalion docunwnl of in tiny addenda issued. Where there appears to be a conflict between this solicitation and any addenda, the last addendum issnocl shall prevail. It is the bidder's responsibility to ensure receipt and to ackno4vlcdgc all addenda and any accompanying documentation. Failure to acknowledge each addendum may prevent the bid from being coilsiderctl Ibr award D. Contents of Solicitation salt Bidders' Responsibilities ft is the responsibility of the bidder to become thoroughly familiar with the requirements. turns, and conditions o1' this solicitation. dated unawareness ol'contrnetual terms and cond•,licnvs will not be accepted as it basis for varying, the requireriaews of the County or the amount to be paid to the vendor. E, Reslrieted Diseussinns Front fhc (Into of issuance or this solicitation unfil final County arctinn, vendors should not discuss the solicitation with any employee, agent, or any ether representative of the County except as autlioriud by alio designated procuretilenl representative. The only communications that shall be considered pertinent to lilis solicitation are written documents frool the vendor addressed to file designated procurement repr(-sentativc nal relevanl clocunncnts promulgated by [lie designated procurement representative, h. Charge to, withdrawal of, or Mistirke in, Bid G ggys to Rid - prior to bid opening, a bidder may change its bid by submitting a new bits with notice on the firm's letterhead, signed by an authorized agent, slating that the new, Submittal roptaces the original submillal. The new submittal shall contain all information its required for submitting the original bid. Withdrawal of diel - A bid may be withdrawn, citlier physically or by written notice, at any lime prior to the bid (tile date. If withdrawn by written notice, that notice must be addressed to, and received by, the desienatecd procurement represe;riative prior to the bid title (fate and time. A hid may also be withdrawn tiller expiration of the specifled bid acceptance period, and prior to award, by submitting a toiler to :he designated procuremenl representative. The Nvilhdraw<;I letter must !w oil company lellerhoad and signet by an authorized agent or the bidder. tvtistake 4 1_- Any allegation of mistake in Bid shall be treated on a case-by-case basis. It is to be assumed that any alteration in bid price.' after receipt orbrds wall lie exceptional is nature, and will be allowed only when substantiated by current legal precedence. G. Conflicts within the Solicitation Where there appears to be ai conflict la weer contractual terms and conditions, the technical specifications, the pricing Soclion, or any addendum issued, the order of precedence shall be: last addendum issued, the pricinc section, the technical sf:ecifi"Lions, the special, and Ilion general conditions. it is incumbent upon the vendor to identify such conflicts prior to the bid response :fate. 11. Prompt Payment `Perms It is the policy "ol' the County that payment for all purchases by County agencies shall bo made in a timely ;tanner and that interest payments will be made on late payments in accordance with Part VU, Chapter 218, Florida statutes, known as tlac Florida Prompt Paymmat Act, The bidder may oll'er Bash discounts ibr prompt payments; however, such discounts will nal be considered in determining the lowest price (haring bid evaluation. Bidders are ruluestcd to provide prompt payment terms in the space provided on the signature page of the solicitr tion. 3l PRETARATION OF BIDS A. Thu Pricing, Section of this solicitation dclitics the (.roods or services to be purchased, and must ix: ucnnpleled anrd sufuniltcd with tic hid. Use of anp otl•,er loam or ahcraitiun of the fbnn may result iia file rejection of the bid. B. The bid submitted must be legible, and completed using typewriter, computei of ink. Any entry change must be crossed out and initialed in ink. Failure to comply with these requirements may camc the bid to be re.jcmd. SEc'r7O 3 --- GENERAL TERMS AND CONDITIONS C. An authorized agent of the bidder's firm most sign the bid. Frttl URF '1'0 SIGN Tfilr 1111) MAY TiENDFR 1 -1 -IF Jill) NON-RESPONSIVE. U. The bidder may lie considavI non-responsive if bids are conditioned to modifications, charters, or revisions to the terms and conditions of this solicitation. Cs. The bidder may submit niternatc bid(s) for the same soticftation provided that such offer is allowable under (lie Icons and conditions, The alternate bid nnlst nncei or exceed the minimum requirements and be submitted as a separate bid narked "Alternate Bid". F, When there is a discrepancy between tate unit prices and tiny extended prices, the unit prices will prevail. C. Any bid received aflei the stipulated bid due date and tine through no fault of the Counly will he considered late, mad except wider the most cxcepiionai cireunnsienees, not be considered fpr award. 11, Unless otherwise specilicd in [lie solicilition, prices quoted shall tic F.O.D, Destination. 3.4 COLLUSION Where two (2) or more related parties, as defined herein, each submit it bid for the same contmct, or evidence any prior understanding, agreement. or connection in such regard, such bids shall be presumed to be collusive, Related parties shall mean bidder or ptincipals hereof that have it direct of indirect owncXship interest in another bidder l'or the same conte -mi or in which a iimrcnt company or the principals thereof of one bidder have a three( or indirect ownership interest in another bidder for the. same contract. Bids found to In ccllusive shall be rejected. Bicklers which have been found to have engaged in collusion any be considered non - responsible, tint( may be suspended of debarred. Any contract resulting from collusive bidding may he terminated for default. 3,5 PROIIJ111TION AGAINST' CONTINGFINT FFFS The vendor warrants that they have not employed or retained tu:y company or person, other than a bona ride employee ivor�;irg solely '.'nr die vendor to solicit or secure (he contract and that they have tint paid or agreed to nay tiny person, company, corporation, individual, or firm. otlicr than it bona fide employee working solely for the vendor, tiny consideration contingent upon or resulwnl, frim (lie award or nnakirtg of the contract. 3.6 COtNTRA(71'ING wum COUNTY EMPLOYEES Any Counly eniployce or member of his or her intnedkatt family seeking to contract with the County shall seek a eatlthct of nflucst opinion 1'ram the County Attorney prior to submittal of a responsc to contract with the County. The af)ected eniployce shall disclose the employee's assigned function within the County and interest or the interest ol'his or her immediate fancily in the proposed Contract and the nnture of the intended contract, 3.7 INCURRED VXPI,,NSES This solicitation clots nit commit the County to award nor be responsible l'or my cost or expense :which may be ir:curied by any bidder in preparing or submitting a bid, or any cost or expense incurred prior to the execution of it purchase order or contract. Tay submitting a bid, (hc., bidder also agrees that the County bears no responsibiiity for any costs of the bidder associated with any administrative or mclicial proccedings resullma, front this solicitrdicn process. 3.8 MUN I'Y IS TAX-EX1.MPT When purchasing on a direct basis. the County is generally exempt from Fedcml Excise Taxes anti till Slate of Florida sales nal use taxes. "I'!cc County will provide an mcnyrtion eertiliciue upon request by the seller For such purchases. FxLepl Ibr items) specifically identiticd by file vendor mud aeceptcd by the County For direct County purchase under the Salcs'l'ax Rccowry Program, contractors doing business with the County ate not exunpt front paying sales tax to their sitppliers Ibr materials needed to ftillill contractual obligations -villi the Counly, nor is my vendor tuuharind to itse the County `fax Exemptions iii such purchases. 3.9 PROIIRIL'I'A%RVICONFIllE'4'1'IAL INFORNIXi-ION Bidders arc hereby notified tut( Ill) htforinalion sttbniit[cd its part of a bid will be available f'or public inspection in compliance with IT13 Number: 16-0615 Chapter 119 of the Florida Statutes (the "Public Record Act."), The bidder should not submit any information which the bidder considers proprietary or confidential. The submission of rmy information to the County in connection with any solicitation shall be deemed conclusively to be ti waiver of tiny protection from rcicasc of the submitted int FI11,1 ion unless such inNrlualio❑ is exempt or confidential under the Public Records Act. 3.10 CANCELLATION 017$OLICI'1'NMON The County reserves the right to cancel, in ~whole or in part, any Invitation to Bid when it is is the best interest of the County, 3.11 AIYARU A. Unless otherwise allowed by stawte or ordinance, mvard will be made to the lowest priced responsive and responsible bidder. The County reserves the right to reject any and all bids, to venive non-ntnteriai irrenulmt4lies or technical ilius and to rc-adv mise loot till or any part of this solicitation as deemed in its best interest. The County shall be the sole ,judge of its best interest. 11. When there arc multiple line items in a solicitation, the County reserves the right to award on an individual ilei; basis, any c(nmbination of itcots, total low bid or in Whichever manner deemed in the best interest ofthe County. This provision spccirl;amlly supersedes any n,olhod of nwmrd criteria stated in the solicilalioc, whcr: such action is clearly neerssar-v to protect the best interests of the Counly. C. The Coun(y reserves the right to reject any and all bids if it is determined that prices arc excessive a dotenninecl to be unrmasinnble, or it is oiliu-ivisa determined ro be in the County's best interest to do so. U. The County reserves the right to ne odalc prices with the low bidder, provided that the scope ofivork is not amended. Cs. Award will only be made to firms lliat salisfy ail legal requircn ews to do business with the County, The County may conduct it pre -award inspection of the bidder's situ or conduct a pre -award qualification meeting to determine the responsibility rand aapnoity of the bidder to perform. Award may he predicated on compliance with tiled submittal of all regaired documents as stipulated in due solicitation. 17. The bidder's per onnance as prim or subcontractor on previous County cor(traets shall be taken into account in evaluating the responsibility of a responding bidder. G. All tic bids will he resolved in consonance with current written procedure in That regard. 11, A vendor wishing tai protest any award decision resulting trona this solicitation shall do as provided for in [he County's Purchasing Procedure i Amxtal. 3.12 Cl:Nl:RAI,CONI'l2A(:I'CONI)l'l'lOi1S T e contract shalt tic hindinr ulwn and slcssll inure to Inc benefit of each of the parties and of their respective. successors in(] permitted assigns. The contract may not he amended, relensed_ discharged, rescinded or abandoned, except by written instrument duly executed by each of the parties hereto. The failure of my party hereto at any time to enforce tiny of the provisions of the contract will in no way constitute or be construed as It waiver of such provision or cf any other provision huicot; nor in •any way mftcet (he validity o1', or the right tlicrealler to cni'orcc, each and every provision or the coatrmt. Any dispute arising dur'iny the course of co;ilraa perl'orniance that is nor readily rectified by coordination between the vendor and the County user department shall he referred to Procurement Services off ice for resolution. 3.13 OTHER AGENCIES Willi Ucc consent of the vendor, other agencies Inay ntml;o purchases in accordance ivith the ccntrac[. Such purchase.; shall be governed by tate siuue terms and conditions as SI.MCd herein -villi the exception of die change in agency name. 3.14 CO:N'1'RACI' EXTENSION The Count, has the unilateral option to extend it mitiaet for up to ninety (90) calcudat days htyond the cu -mat contract period. to such event, the County will notify the vendor(s) in writing ol'such extensions. 'i'he contract ntay be extended beyond the initial ninety (90) dny extcasion upon mutual agreement between the I L SECTION 3 - GENE,R-AL TERMIS AND COND MONS County and lite vendor(s). Exercise of the above options requires the print approval of.11c Procuacralent Services Malinger. 3,15 WARRANTY All warranties express and implied, shall be rnnde available to file County tot goods and services covered by this solicitation. All goods furnished shall be hilly guaranteed by the vendor against factory defects and worlantanship. At no expense to (lie County, tae vendor shall correct any laid sll apparent and latent defects that may occur within the manufacturer's standard warranty period. 'lite special conditions of the solicittuiot may supersede (tic manufacturer's standard warranty. 3.16 YSTIMA'I'T 1) QUAtgTMILS listimated quantities or dollars are for bidder's guidance only. No guarauttee is expressed or implied as to quantities Or dollar value that will be used during the contract period. The Count), is not obligated to place any order fin- it given amount suhsequent to the award or this solicitation. The County Inlay tae estimated quantities in the award evaluation process. lislimuted quantities do not contemplate of include possible additional quantities lira may be ordered by other entities that may utilize this contract. In no event shall the County be liable i'or payments in excess of the ammint clue for quantities of g00ds Or services actually ord,rccl. 3.17 NON-MCLUSIVIf'Y It is the intent of (lie County to enter into an agrcenent ta•.n will satislti its ocuds as described within this solicitation. However, the County reserves the right to peribrin, or cause to be performed, all or any of' the wort: and services herein described in lite manner deemed to rcpr!'scnl its hest interests. in no case will the County lie liable for billings fn excess of the quantity of goods or services actually provided under :his contract. 3.18 C.'ONTiNUA- ION OF NV'ORK Any work that commences prim to, and will extend, neyond the expiration date of die current contract pci iad shall. unless terminated by mutual -when agreenacilt bchvccn the County and the vendor, continue until completion without change to the then current prices, terms and conditions, 3,19 LANVS, RULES, RFCt'LA'I'IO\S AND LICENSES Thu vendor shall comply wi[h all federal, state, and local laws oil(] regulations applicable to provision of the goods and/or services specified in this solicitation. During the (-.fill of the eontrnet lite vendor assures that it is in compliance with 'Title Via or the 196ii Civil Rights Act, as amended, and The Florida Civil Rights Act of 1992, in that the vendor docs not on the grounds of race, color, national origin. religion, sex. lige, disability or marital status• disc:riminalfot in any form or planner against the enWor employees or applicants far employment. The vendor underslatnds that any contract is conditioned upon the veracity of this statement. 3,20 SUBCONTRAC.ITI ; Unlcss otherwise stipulated herein, the vendor steal' not subc:ontrecl any portion of tate work without the prior written consent of the County. Subcontracting without [tic prim• consent of the County may result in termination of the contract for defauh. 3.2I ASSIGNMENT The vendor shall tnux assign or translcr any coturact resulting fi-or, this solicil; tion. including tory rights, title or interest therein, Of its power 10 execute such contract to any person, company or corporation Nvilhout the prier written consent or the Counly. 111is provision speciiieaily includes any acquisition or hostile takeover of the awarded vendor. Failuro to conpiy in this regards may result in termination of Lae contract fnr default. 3.22 RFSPONSIBILiTY AS ENIPLOVE.A The employce(s) of file vendor shall be considered at all times its ernpioycc(s). and trot an c iployce(s) or agen(s) of ale County. The contactor shall provide eraployce(s) capa;nlc Of perforating the well, as icquired. '['he County may requim the contractor to remove any employee it tlectns unacceptable. All employees of the contractor o;ay be required to wear appropriate identification, 3.23 1NDF MN*1FTCA,no\ To the extent herniated by law, (tic vendor shall indemnify and hold hamllcss the Courcy and its officers. employees, agents and illstrutrientnlilics Will any and all liability, losses Or dantnges, 19 1"1'13 Number: 16-0615 including attorney's fees and costs or defunsc, which the County or its officers, employees, agents or lnstrumenlalitres may incur as a result of claims, detuands, suits, causes of actions or proceedings of any kind or nature arising out ot; relating to or resulting front the performance or lite agroenienl by the vendor or its employees, agents, savants, pauuters, princil;als o subcwntractos. The vendor shall pay all claims and losses in connection therewith, Land shall investigate and defend nli claims, suits or actions of tiny kind or nature in the name of Ole County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The vendor expressly understands and agrees that any insurance protection inquired by this Agreement or otherwise provided by the vendor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents andinstrumentalities its herein provided. 3,24 MOMFICATION OF C:ONWRAC:I' Any contract reskilting from this solicitation may be modilied by mutual consent of duly authorized parties, in writing through the issuance of a modification to the conlraca author purchase order as appropriate. This presumes the modification itself is in compliance with all applicable Counly procedures. 3,25 TERMINATION FOR COtNVBNIENCE Tile County, at its sole discretion, reserves the right to terminate this contract upon thirty (30) chtys written notice. Upon receipt of such notice, the vendor shall not inert any additional costs under this contract. 'flet County shall be linble only for reasonable costs incurred by the vendor prior in notice of termination. Tlhe County shall be the sole judge ol—rcasonable costs•" 3.26 TF� IMINATIO.N' 011K TO UNAVAiLAIITLITY OF CONTINUING FUNDiiNG When rinds are not appropriated or otherwise rondo available to support continuation of performance In n current or subsequent fiscal year, thu contract shal I be ca(ncel)ed and the vendor shall be reiinbursed Cor the reasonable value or any nonrecurring casts incurred amortized in the price or Glc supplies oservicesltasks delivered under the eotU act. 3.2" TERMINATION FOR DEFAULT The Courtly reserves the right to terminate this contract, in part or in whole, or eficet otter appropriate remedy in the event the vendor fails to perr'olm in ac exdance with the tcfins and conditions stated herein. TIw County further reserves the right to suspend or deliar the vendor in nticordance with the County ordinances, resolutions and/or administrative orders. The vendor will Ile notified by letter orthe County's intent to terminale. to [lie event of termination lin• default, the County Inny procure the required goods and/or services from tnty source aid ase any metnod -.teemed in its best interest. All rc-procurement cost shall Ile horse by lite vendor. 3.25 FRAUD AND N41SREPRE'Sl?>c UAT1ON Any individual, corporation or other emit, that attempts to ntcel its contractual obligations through ('sand, ntisreprescntafion or material misslatcnx fit. truly be deharned fior up to five (5) years. 'rhe County as a further saneiion may terminate or cancel any other contracts with such individual, corporation or entity with such vendor held responsible fat' all direct or indirect costs associated with termination or Loncellatron, including atlorncy's ices, 3?9 RlCifr'T'O Al_1DTT The County reserves (he right to require the vender 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 phage of business during regular business hours. The vcndo shall re ain .all records perininine to this A.-reentent and upon request stake them available to the County for a minitmnn of three (3) Yantis. oras required by Florida; ]ants•, whichever is longer, following expiration of the Agreement. The vendor agrees to provide such assislance as may Inc necessary to facilitate the review or audit by the County to ensure compliance with applicatble tceeountirtg and financial standards. Additionally. CONTIZACTCR agrees to include the requnctricnis of this provision in ad conducts with subcontractors unit materia; i C swrmN 3 — GE NERAL TERMS AND CONDITIONS ITB Nutrtbcr: 16-0615 suppliers in cnnnectinn with the work perronned hcreuntdcr. If an audit insliwivn nr examination pursuant to this section discloses overpricing or overcharges of arty nature by lite CONTRACTOR to the COUNTY in excess of one percent (M) orthe total contract billings, in addition to making mijustinctils for the overcharges, the reasonable actual cost of the COUN 1'Y's audit shall be reimbursed to the COUNTY by the CONTRACTOR. Any adjustments and/or payments which must be trimic as a result of any such audit or iuspection of the CONTRACroR's invoices and/or records shall he made within a reasonable amount of time. but in no event shall the time. ext-erl ninety (90) days, from prescrilation of the COUNTY'S audit findings to the CONTRACTOR. 3.30 PUBLIC RECORDS/ COPYRIGHTS Pursurutt to Section 119.0761, I'loridu Statutes, the atvardcd centractor sinal) comply with the Pdoridn Public Records' Imus, and shall: 1. Keep and maintain public records that ordmnrily and necessarily wouldl lx; regniicd by the: County in order to perform the services identified herein. 2. Provide the. public wllh access to public records on the same terms and conditions 111111 the County Nvould provide the records rind at it cost that does not exceed the cost provided f'o• by law. 3. Ensure that public rcctrdis that are exempt or eoniidentinl and exempt from public records disclosure requirements are not disclosed except as mthvrizcd by law. 4. ivteet till requirements 1'nr retaining public records and lransle:r 111 no cost, to the County Lill public records in possession of the wotractor upon terniination of the contract and destroy any duplicate public records thill. arc exempt or confidential and exempt from public rcccrds disciosarc requirements. All records stored electronically must be nrovidcd to elle County in it lbnnat that is compatible whit lite iulbnnmiou tecbnnlogy systems of the County. Failure to comply with this section shall be deemed a breaaeh of the contact and enft,rccable as set lbrib in Section 1 119.0701, Florida Stauttes. Any copyright derived from this Agreement Shull tMoil, to the author. The author rand the C'ONSUTA'ANT shall expressly assign to tine COL'N't'Y nonexetusivc, royalty fine rights to use Any and all information provided by the CONS [JI: TAN`I' in any tlelivcr1ihlc and/or report ibU r the CQNTY`s use which may include publishing in COUNTY documents and distribution as clic COUNTY dCuvls to be in the COUNTY's best interests. Il' anything included in any deliverable limits the rights of the COUNTY to use tine information, the deliverable shall be considered deflective and not acceptable and the CONSUL; ANI• will not be eligible Ibr any compensilion. 3.31 GOVERNING LMS The inicirprctation, effect, and validity orally contruct(s) Imailim". lions this solicitalion shat be governed by the laws and regulations of the State of 1'lorida, and Lake County, Florida. Vetune of any Court action shall be in l,akc County. Florida. ht the even: that it suit iS brought for tine enforcenlenl of any term or!he contract, or any right arising there front, the pnrlics expressly waive their respeelive rights to have such action tried by jury trial and hereby consent to the use of non -jury trial for the adjudication orsuch suit, 3,32 S'TrtTE RrGiSTRATION I2EQU[RE.M,NTS Any corporation Submitting a bid hi response to this IT8 shall either be registered or have applied dol' rcgistralioa with the Flotida t)c]trtrtntenl of Stale in accordance with the provisions or Chapter 607. Florida Slalules, A copy of ]tic regisLultiolif ltpplicatiau may be required prior to award of a contract. Any partnership subinitring a bid in response to this Tftt shall JVVe complied with file applicable provisions or Chapter 620, Florida Statutes. For aulditiomd information an Lhcsc requirements, please Conine] due 1'lorida Suerctary of Statc's 00icc, Division of Corporalions, 800,755.51 11 3.33 PRIME CONTRAC'T'OR The vendor awarded the contract shall tie! as the prime c llialutor anti small assullic tall] RSponsibility fir SUeCe.S.M11 perfurmancc Of the contract. 'The vendor shall be considered liar sole point of contact with rOguld to mcclingall requirements ofthu contract, All slubenntracters will be subject to advance review by the County in regirds to competency and security concerns. Atter the aWard el' 20 the conh'ncl no ehangc in subcontractors will be made without the consent of the County. The vendor shnll be responsible for till insurance, permits, licenses, and related matters I'nr any and all subcontractors. C>vcn if the subcontmclor is self-insured, the County may require the contractor to provide any insurance ceitifienies required by the work to be performed. 3.34 FORCE YIAJEURE 'rb.. pnities will exercise every reasonable cl'I'ort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force im jeore or other causes beyond liicir reasonable control, inctadhtg, but not limited to, compliance with revisions to Government law or regulation, nets of nature, ncls ler omissions or the other party, tires, strikes, national disasters, wars. riots, trunsporbatiun problems anrVor tory other cause whatsoever heymnd the reasonable control of the parties. Any such cause ratty be Cause ror appropriate extension of the Iwrformance period, 3.35 NO CLAItNI FOR DAMAGES No claim for damages or any claim other than ror tin extension of tittle shall be made. or ussetted agfdri_st the County because of it"), delays. No interruption, interference, inefficiency, suspension, pl delay in tine Commementent or propfcss ol'the Work shall relieve the vendor oi' duty to perform, or give rise to any right to damages o,• additional compensntioa fi•otn the County. The vendor's sole remeuy shnll be the right to seek alt extension to the contract time. 1-10wever, this provision shall not preclude amimy of damtiges by the vendor for hindrances or delays clue solely to Tram, had thith, or active interlcrence on the part of 111e County. 3.36 TRU'['ll iN NEGOTIATION CIsR'rIFICATI; For each contract that exceeds one Fhlndrcd Ninety five Thousand! dollars ($195,000.00), uny organiutition n%varded is contract musl execute a Truth -in -negotiation certificate stating that the wage rates and ottict rnetual unit costs are accurate, complete, and current, al the time of contracting. Any Contract requiring this certilicute shall contain a provision that the original contract price and tiny additions sliill lie adjusted Lo CSclude any Significrnt stuns by which the County determines the contract price wits increased due to iF1112CLii'nIC, incomplete, or nor -currant tvnge rates and other ffictual unit costs. All such contrucl adjustmcnts shall be made within one (1) year li,llowirng the end orthe contracL. 3-17 GRAN't-FUNDING it, the event any part of the contract ism be funded by federal, state, of other local agency monim the vendor hereby agrees to comply with all cequircrrcnls or the funding entity applicable to the use of the monies, including iidl 141pliCation of requircmcnls involving the use of minority firms, WDulei,'S btlSine$s caiterprescs, and labor surplus are firms. Vendors are advised that payments under the- contract may be withheld pending completion title submission of all required: funis and dcr:umeuls required of the vendor pursuant to the grant 5tin ding rcquirerrients, 3,38 TOBACCO PRODUCTS Due to the acknowle(lged hazards arising from exj)Dsu.,c to tobacco products, and to protect the public and employees' health, safety, mul'bn anti environnicut. lobi=, o use is prohibited on any County owned building and property Tobacco products include both smoking anti sivokuless tobacco. SECTION 4 —PRICING/ CERTI FICA'HONSISIGNA'I"URES ITB Number 16-0615 IT13 TITIAt,: As Needett Repair Services for Lake County Vehicles and Operating Equipment NOTES: • When purchasing 011 it direct basis, Lake County is exempt from all taxes (Federal, State, Local). A Tax 11",xeniption Certificate will be furnished upon request far Such purchases, However, the vendor will he responsible liar payment of (axes on all materials purchase(] by the vendor for incorporation into tile project (see provision 3.8 for further detail). • The vendor shall not alter or amend any of the inrornintion (including, but not limited to stated units of measure, item description, or quantity) mated in the Pricing Section. I:anyquantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Bistimated QUitnCitiCS" CIMISC Mfthled in Section 3 of this solicitation. • Any bid containing as modifying or "escalator" clause not specifically allowed for under tile solicitation will not be considered. • Unit prices shall govern for all services priced on that basis as requested under this solicitation. • All pricing shall be I -*OB Destination UMCSS Ot[101-WiSC SI)CCHIC(l in this solicitation document. • All pricing submitted shall remain valid ,fora 90 (lay period. By signing aired submitting a response to this solicitation, the venclor has specifically agreed to this condition. • Vendors are advised to visit out, website at littp-HNN-A,",.Iakecotintyll,i!ov and register its it potential vendor. Vendors thal have registered oil -line receive in e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. ACKNOWLEDGEMENT OF AJ)DENIM INSTIlUCTIONS: Complete Part I or Par 11, whichever applies Part 1: The bidder must list below the dales of issuc for each addendum received in conticetion with this IT13: Addendurn 1i 1, Dated: Addendum Y2, Dated: Addendurn -#3, Dated: Addonduln IM, Dated: Part If - E I No Addendum was received in connection with this 1-113. 21 SI?CTION 4 - PRICING/ CE12`1 IVICATIONS/ SIGNA'I URLS IT13 Number: 16-0615 PR.ICANG SI#:CI'1()N GENERAL IN ORNIA`I'ION (. Shop location: citvistatc/zip: I eleph«nciTax: Date of price list: ?. Parts Price List ACT �; � � �_S ,,�-��, ��nc��' — --- _ 3. ti'Iininlutn order (1fany) a. Handling lee if less than mininrtnn orda- (ifitppiicahle} 1�,� ?. Response Time (kom initial contact alld dclivcv-, to repairs being cond(Icted) (-- Lk �6 b. Does your firm offer pickup and delivery of dAcks and egLdpnWIW Yes _ No 1'r des, please provide p6cin4_ in SmOon y where indicated. t. Docs voeu- firm havc to�ving catpabllitics? les No .` 11'Yes. plcaSC include pricing, in Stiction d. S. Will }'our firm accept Visit Purchasingcards�t"=�I�°r, �Form of paymem? Yes 10) V llayable tivould be acceptable please note a contact person/telephone number to set up pa�AIICM in formation. `). Vendor colonel 161` and or disaster service 24 hotlrs+'7 days per week: Name: 103 Aso., �, 5�0-, QQpNmeWll3'Pagm!Numbcr: _'-t071- 1-k(;)2-' 5-1 P 3 I(). Exceptions to specifications: Ycs . __.. No * Irym. insert a separa le sheet intmedhoeiv follom in<,? this page detailIg escrptions. SECTION -f — TRIC INGI CERTIFICATIONS/ SIGNATURES 1111 iJumher: Ib -0611 PRICING FORM LABOR RATFIS: Please insert the labor rate per hour for repair services. Note: I-lonrly rates for service at Count lacilit /rile (OFF SITF) shall illclUdl_ VC11(101"s traVel Lillie and milet1,12e tO and fiirom the facilitti' these items will not be paid a. is separate chal-Le oil invoice. I IOUrly labor rale for repairs and service Monday- Friday. 8:00 am to 5:00 pm - AT VENDOR I'ACILITY HOurly labor rate for rcpair:s and servicc IYICUd av- /111 Frid - , 8:00 am to -00 pm OFF' SITE Hourly labor tate tilt ICpair, and SctVtcc M -I 5:01 1)[11 S 1, 615 /hr. to 7:59 an]. Sattildrays. Snndays. Hohdays —t1I Vl--.N[)OR FACILITY I lour'ly I:abor tate tot- relvirs and service M -F 5:01 pin S to 7:59 ani_ Saturdarvs, Sundays, I lolidays — OFI' S1't 1u — PARTS DISC OU NT IZA,rES: Please insert discount ;as n percentnoc that wouldl be suhlraeled Irk« all the list price for ptartts used in rej)ai s Of ptnchasd.d b�Atlle CoMM, rtzs V? �j Parts Discount Permit age (",n) oft' List trice Aet V' °°o ` 3. _ __ _a�hyta 11ISCHA.ANfIOUS IZ.-eTE'S: Please. 'rtlsert r<atcs per d::Ich repair 161- Ill iscellanc:on:s scrviCe ices asci i:hargeS including, taut neat limited 10. nliscelltlleous Shelli charges. environmental charges, disposal Pees, etc., if applicable. NO charges will be paid by the Count~ if neat listed in the vendor's bid. Shop Ch;II. s I-111vi onlrtent d C'htu")cs Dispos it Fccs Other (plc Ise list if' all s TC "AlING/DFIANTRY RATES: 11' provided by your firm, please insert rile rates for towing and deliverypickup (or attach a cop)' Of VOLIr written towing prices and note see; attached'1� _ Iowinu,dortm RC_'ularl1Odii5SM11-Spm) 5 Ili Js. milc 'iOWill.! ditrin�1l:ncr1cncy.rrUtcr Hciurs S mile Vehicle Delivery "mile PiCkLIP ol'Opc I hale Vehicle NCedim RCIVit_ S � lwile T, SECTION 4 — PRICE G/ CERf IFICATIONS/ SIGNATURES l"IT Number: 16-0615 By Signing this Bid the Bidder Attests and Certifies (lint: 0 It satisfies all legal requirements (as an entity) to do business with the County. 0 The undersigned vendor acknowledges that award of contract may be contingent upon H determination by the County that the vendor has the capacity and capability to successfully perform the contract, 0 The 'bidder hereby certifies that it understands all rcUlliretnerif 8Of this solicitation, and that the undersigned individual is, duly authorized to execute this bid documentand any contract(s) and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies ')'his section is optional and will not affect contract award, It' Lake County awarded you the proposed contract, would you sell under the same terms and conditions, for the same price, to other governinental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall be responsible for its own AM purchases and shall be liable only for materials or set -vices ordered and received by it. nj Yes No (Check one) Certification Regarding Felony Conviction Hu s any officer, director, or an executive performing equivalent duties, Of the bidding entity been convicted of a felony during the past ten (10) years? D Yes LK No (Check one) Certification Regarding Acceptance of County VISA -based Payment System Vendor will accept payment through the County VISA- based payment system: R Yes LJ No Reciprocal Vendor Preference: Vendors are advised the County has established, under Lake County Code, Chapter 2, Article V11, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by another eounty May be applied in a reelprocal manner within hill Lake County. The following information is needed to support application of the Code: 1. Priit--;dry business location of dic responding vendor (city/state): 2. Does the responding vendw in,,-.inlain a significant physical locatiov in Lake County a which employees are C, located and business is revularly transacted: g a L Yes No if "yes" is checked, Provide supporting delaii- Conflict of Interest Disclosure cel-tifiention Except as listed below, no employee, officer, or agent of the firm has airy conflicts of interest, ren' or apparent, due to ownership, other clients, contracts, or interests associatcd With LhiS projecf; and, this bid i,; made without prior understanding, agreerient, or connection with any corporation, firm, w person submitting a bid for the same services, and is in all respects fair and without collusion or fir—cud, DUNS Number (insert ifthis action involves a federal funded project): 24 SI,CTI(3N 4 — PRICING/ Cl?,IZ'I'IFICA`I'IONS/ SIGN,1TURES ITB Number: 1'-0615 General Vendor Information and Bid Signature: Firm tame: street Address:! Nlailin- Address (it'different): `helephone No.: -32. -�ba'( Fiix No.: 1=1 1 N No. ;� `�.__ ��_ i �-�?�1.�� Prompt Paymcnt Terms 1 -mail: C�t� �-�:�.�;_r_� «•�, t.,; dais. net PrintNawe: Award of C outs ac t by the Count} (Offici:d Use C}trlL) I By signature below=_ the County con(irnIs award tea the above -identified vendor uncler the above identified solicitation. A separate pm'chasc order will be generated by tl:e County to support the Contract, Vendor an:u•dcd as: l ❑ Sole vendor ❑ Pre-tlualilicd poo1 vcndur based on price ❑ Pre -qualified pool vendor (spot bid) ❑ Primary vendor For ifcros: ❑ SecondaIry Vendor 161- iteirts: ( i)thcr st:uus: ( .�,?, et' C) C, Si"MAIre 0Crauth0l_izcd ol'iic.iall: � _ f�atc. c`t Printed nauneVoij# A Lt._l t_ 7�S ^ l itis: S OU( CE3 1"i'1C-i Ft+tf, t Ft i< �r3 5 SECTION 5 — ATTACI-IMENTS I -TB Number 16-0615 THE FOLLOWING DOCUM leNTS ARE ATTACHED Attachment 1: References Form Attachment 2: Vehicle/Equipment Brands List 26 SECTION 5 — ivi—rACIIINIENTS ATTACIBIEWI'l - REFERENCES I'I'll NLI)IIIICI-: 16-06 1 Agency d I OIN'slawYAll r AA,, elepholleV I Lit Scr% ice 2o 0 I \ P�: I'l, Sm iceC,-C e Da I C(til ol, Sen ice aN Coolo'n Verson 5I:n ice r Da I C(til ol, Sen ice aN Coolo'n Verson 1'etcpholic Da I C(til ol, Sen ice CIN Ice SECTION S -- ATTACHMENTS IT13 Number: 16-0615 ATTACHMENT 2 — VEIRCLE/EQUIPMENT BRANDS LIST T'lic County maintains a variety of vehicle and equipment brands that include the following. Please place a check mark iii the second column for the brand(S) that can be serviced/supported by your Firm. Bi-and/t)escri ptiori Sttp1 orted by yotu- Fit•m•(�i) Alamo - - Amer Baldcrson Bluebird Bobcat Buick ---- --- _ Bush 1-109 -- ---- --- --.._.-.... Cosi •�Catcrpillar __ CN&C _ Champion I Chevrolet Clark i Combe,e ----- -- - - E Cummins —. —_--- Davids-_-- DianxmdUack Detroit Diesel Allison --- - -- Dixie Chopper Bast Kock Echo 11 Dorado Firtyre Rvinrude rxPress Ford (Auto-1_iQ�ht, llcayy).�_._._._._._--_•.--- --- ---------.—__ —_`- i ord (lndusfri�:l Equipment) — --- 1'P::iblllliileP— Frontier C;alUreath —_----------------- - -- 28 SECTION 5 — ArrAC:HMENTS ITE Number•: 10-0615 Gen set GencrEc General Coach General Motors Gladiator t Gormann Rupp +�uj Gradall Great Dane - I– FIeEJy Herman --- ---`- — Heil Equipment — Flesco Flonda (Auu)) Fonda (Equipment) Flysler Ingersoll Rkmd Interstate Isuzu f � JCB Jeep .__-_..-. — John Deere (Small equipment) Join Deere (Heavy I?,cluipment) Johnson Outboard Kawasaki (Heavy Equipment) Kohler -- - Komatsu - - - Lar,dpridc Lee Boy Mack � Malettie I ii Masse Ferc1uson i Y Mercury Outboard —Y-- Miller icluipn,ent — – Minneapolis Moline international (Auto -Medium., Heavy) tntei7mtionai (Equipment) --- � Neal _ New Holland Nissan Picree Fire Trucks 29 SECTION 5 — ATTACHMENTS ITB Nu rnber: 16-0615 Polarkraft (Boat, Trailer) Ram -Lin Rhino Rollins Sakai Smoot Sand Pro Scag Snapper Star Tran Slow Sterling Stilil Equipment SURIMitt S Supej lor (Bus) Supreme (Bus) ThermoKing Toyota Waldori Yaic Industrial 'Lquipment 30 TENSF-1 OP ID: SP AC-tJ R/71' `� p ,. CERTIFICATE OF LIABILITY INSURANCEp`i iY�iE FDATE PUMMMMI 06/3012016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcies may require an endorsement A statement on this certificate dons not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER cNq SACT Russ Gifford Gifford4ielden Ins Inc III EVenice Avenue _ vlroIE 941484-0681 F Na 141485-3835 _. ADDRESS: Venice, FL 34285' Russ Gifford INSURER AFFOROM COVERAGE NAICr 2091595545 INSSWIERA:Valley Fore Insurance Co 20608 o7r3o12017 INSURED Ten -8 Fire Equipment Inc & INSURER 9 : National Fire Ins Co 20478_ Ten 8 Fire & Safety EquipmentINSURERc: of Georgia, LLC Continental Casual Co 20443 -- 2804 59th Ave Dr E INSURER D : INSURER E: Bradenton, FL 34203 INSURER F: COVERAGES CERTIFICATE NUMBER! RFV1AInN NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTai TYPE OF CE POLICY POLICY EFF ErP— NU ONM LATS A A ,TY X G — GENEFM u . ci s MADE OCCUR X X 2091595545 (07rso12016 o7r3o12017 EACH S 1,000,00 PREMISM - l_ 3 100,00 X Contract Llan _ MED EXP a 5,110 PERSONAL &AW[NARY S 1,000,00 C&& AGGREGATE LIMIT APPLIES PER: POUCY F LOC GEI�IERAL AGGREGATE S 2,000,00 PROO°JGTS-COMPtOPAGG & 2,000,0 mp Ben. S 1,000,00 OTHER: AUTOMOWLE LIABILITY n gNgs3 S 100010010 B XANY AUTO X X 2071988832 07/3012016 07/30/2017 BODILY INJURY (Par person) S X X AUTOO$ ASCH UTTO�SS EDULED NON -OWNED HiRE.AUTOS X i�PS1flOd0 BQOILYINJURY(Perwd(deM S -._.._...�__.e.._...,_.._ E X UMBRELLA LIAO I X I OCCUR EACH OCCURRENCE S 3,000,00 C EXCESS LIAR I—] CLAIMS -MADE X }( 2048055914 0713012016 07/3012017 AGGREGATE _ s 3,000,00 cin I X I RETENTIONS 10000 S A WOFMRs COMPENSATION AND EMPLOYERS° LIABILITY YIN AtiYPR. TcPjPARTi eRaiEcvTrvE OFACERIMEMSER EXCLUD-1JTi If6.an"myinNH) OF JiATi:,Mbakw N/A 46757412/ 0110112016 01/0112017 &TATLiTl= i E.L EACHACCMENT I S 1,000,00 E.L,DISEASE -EAEEIFLOYE S 1,000,00 E.L.DISEASE -P€IICY HHT a 1,000,00 8 Garage Llab 071988532 0713012016 0713012017 OCclAgg Iml2rr B GKLL Phy Ding 2071988632 07/3012016 07130/2017 GKLL 1,600,00 DEStMP M OF OPERATIONS t LOCATIDNS I VEHICLES IACORO 101, Additional Remarks Sctmdule, maybe attached linters spate is required) Solicitation number (ITB 13-0611) Lake County, A Political subdivision of the State of Florida, and the Board of County Commissioners are included as additional insured as their interestWill appear on all applicable liability licim see attached) LAKE016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Lake County, A Political THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE' WITH THE POLICY PROVISIONS. Subdivision of the State of FL & the Board of County Comm AU7HOR1=REPRESENTATIVE PO BOX 7800 TAVARES, FL 32778-7800 Ut 1UUU-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD mLmwcom LAKEOM TENSF-1 PAeE 2 NOTEPAD: muRmamm Ten-8FWeEqu(pmentIno& OP to: SP 0613012016 h waiver of subrogation in favor'ot the County is inoludGd and coverage is Zimary and noncontributory. Po3ioies incliades a Cross Liability or erabUiof Tiaterants prow-isi*n, with no requJivement of premiva paymant by -the he County. Cancellation provisions In accordance w-Ith attached Status 0.1 SIR �tERTIFIGATE OF i. r- INSURANCE 12M71113 'nil$ CERTIFIUM IS ISVUtV AS A MATMR OF WFORMATION ONLY AND CONFMI�% No RJ RTS UPON TM C611-11IT-1CATE HOLMRt THIS CtRTIFICATV DOM NOT ATIMPJWAMMX OR Nr(aAylvm.Y maND, Fmmo OR ALTSR -11iE COVERAGE AFFOTIJ391) Ay THE POLIC193 DELOW, THIS CERTIFICAVE QP INSURANCE DO< G NUT CONSTITUTE A cOwMOT HEM, W TRE 18811ING INSUREMS), A101iORIZED RPIPRESENTA11VE OR-PROVUCEK AND THE CER17FICAM HOLDEN. - ro IMPORTANT; It ft bolder to an AMMORAL. MURBU, the pof�j imst-bo undmsW, If SUBRWCOMOATION 18 4YAlVEI� subjact 60 IW tunns and conAlIflam of tile, pal", cOrtalln Pr,1141vt; mar ra"m an undomarnapt. A rtat*rWt on thtEw cartifidatO 4009 not 4 Aunts to t1tv cordflesto holder In Rau of �urlj undlofsarrmit(4 01"or"olden Ins Inc K O. Box 428 9411-40&31131i VmIce, FL. 34294 Ruse effford wsu NMC 9 Ax INsullut) 'foi-11 Pim Equipinvid Ino 'ran 0 M &,WWy equiprount of Gaurg1s, LLCuvaimsauat =4 Sfth Rva 04 9 Bradvow, Fl. ItImmmIlNutlonal Me Ins Co - 2 -M Cal 07130113 OYIWtAl NZ Ew tm" kv -- P 3 I10VVRAGM I O9ft'nF4OA11TWUMGEIt Rpv1sm NUMSEW 7"S is TO oFffIFY WATllItE POLICIES CIF -INSURANCE LJEWL�b SM -OW HAVE BEW WJW TO TW WURED NAMED ABOVE FOR TW- PODGYPMOD INOICATM. N10TWjIj5TA IN 1 0 ANY WOUInSMENT, TpRm oR commN OF ANY commvrw oTum DOCLINIENTWITH HIMP". TDW4K2i*MIS I CC"FiGA11: W E JOS deb ORMAy pmTft, THE jNMMqCE XTosnm BY THf-; POLICIES nEW-RICE0 DEIN M 013411.0 -10 ALL THE IMMS. fiXCLUMNSAND CONDIT1098 OFSWH POL(CUM UNITTS SW)WN MAY14AWBEM FtEDU09n 11YPAID CLAW. wsu Ax WMI-mc �X, p—CloxotwWab 20469MG 07130113 OYIWtAl NZ Ew tm" kv 3 M'-VWA, & AM NAft 8 1,000,0m POLICYMx 1-9 F-11 car, ?,0fl0,v0( EraHen. s 1120(WON t3 %'C X X X myxT WMAUMS cis as raarazxt#ne f'scut3,000,001 6AMMArtr Val 2071986632 Z046ZU44 UM13 011301114 "0114 WtXLY INAMY (For pononj Ji M.,= YX AUOW-CAF s 3,600,00( A CM11FENSA'J" W-VPLOygw I 1ARLITY q,, y,.mjEJIW0GUTM artyLJala A=gN 01:upffmc x tiOGOG -,Lqrstq. - iNryumir 7— amoo Llub 20719138533 7.1179988632 071,303 6Y13tU13 071310114 GWOM4 Occ/AW Imf2m Gla -L. J!Lr6 151"PtIuat Sale" 0 -ad As�-a&wmt: 4 !24AG f --0W= OF VOLUSIA 19 KAMXr AS AMX7.-,OMT. ==MM 81IT11 11318VIXT TO OHMMr. VOLU601 COWM Or WA-LISIA, FLORIDA PURCHAM6 4 CONTRACTS DIV - r -Ay iR.1.a-m-c:ij:A 9HOVWMTOft -111EAt3O1v% URSCRUIMPOLIMS RECMtt�-, ED ElCizm� THE RAWIN IDATF 110MMI2, WJBM OLL BE `MJVEq�o III AQQORUANUr.MMTHE POLICY PROVISItM 123AV. INMANA AVE. STE 304 DtLVA 1132720 if W1088-7301ACORD CORPORKWN. AllflUbig AGOIRD 26 (2010,'Ob) The ACORD ijam and logo are irogistorud murite; III ACORD AGREEMENT BETWEEN LAKE 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: WHEREAS, 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 terms, 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 On 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 conj unction with the COUNI'Y'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 VIII, 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 of Homeland 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 Responsibilities 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:U=UMENMO19\PIZOCUREM N7119-0707 Fire Apparatus\] 9-0707 Agr w ren8 Firs Fire Apparatus_8.22.19.doea Article 5. Special !Syms 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 AssigLiment 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 fimiished by CONTRACTOR to the COUNTY's Project Manager and Procurement Services Director within five (5) working days of such request and roust 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 S:WOCUMENM0191PR0CUREM13N1119-0707 lire Apparatus119-0707 Agrw Ten8 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 COX WILL NOT be accepted in lieu of the policy endorsements). Certificate holder must be: LAKE COUNTY, APOLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND TETE 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:\DOCUIvMNIl2019\FROCURF.MENnl9-0707 Fire Apparatus\19-0707 Agr w'ren9 Fire Fire Apparatus 8.22,19.docx 5.4Indemnity. 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 CONTRA.CTOR'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 of this 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 major 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 Acceptanee. 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:\DOCUMEN'[12019\PROCUREMF,N7119-0707 Fire Apparatus119-0707 Agr w Tong Fire fire Apparatus _S 22.19.dorx 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 of material 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 produet(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 the 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 II 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 SNJOCUMENMOI9kNROCUREMEN'n19-0707 Fire Apparatus\19-0707 Agr w Tena Fire Fire Apparatus_8.22.19.doox 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 Wale_ 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 111ational Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection .Association (NEPA). 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 SADOCUMENM019TROCURP.,MEN'Al9-0707 Fire ApparatusU 9-0707 A8r w Ten8 Fir- Fire Apparatus 8.22.19.doex 5.16 Warranty. 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 119, FLORIDA STATUTES, TO CONTR.A.CTOWS -DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT LAKE COUNTY PROCUREMENT, 315 WEST MAIN STREET, P.O. BOX 7800, TAVARES, FL 32778 OR AT 352-343-9424 OR VIA EMAIL AT purchasing(&3akecountyf1.jzov. Page 8 of 22 S:IDOCUMFN'r2M19\PROCUREMN-, TM19-0707 Fire Appanuus\19-0707 Agr w Ten8 FireFire Apparatus_8.22.19.dom 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 (S) 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:1DOCUMENI'12019\YROCUREMENIA19-0707 Fire Apparatus\19-0707 Agr w Tena Fire Fire Apparatus 8.22.19.doex 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 590'Ave Drive Fast 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 ofpage intentionally left blank) Page 10 of 22 SMOCUMENIV019WROCUREM131-T1t 9-0707 Fire ApparatusU 9-0707 Agr w Ten8 Fire Fire Apparatus 8.22,19.docx 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 Chairman, and by CONTRACTOR through its duly authorized representative. ATTEST: Gary JTonty, e Boardy Commi of LakFlorida Approved as to form and legality: Melanie Marsh, County Attorney CONTRACTOR TEN -8 FIRE EQUIPMENT, INC. t By: St Abrah , Wce President/Secretary License # VF/1001939/1; MV/100391/1; MV/1000178/1 This 2 � day of ko 2019. COUNTY LAKE COUNTY, FLORIDA, through its BOARD OF COUNTY COMMISSIONERS �eslie Cainpione, Chairman This day of '2019, Page 1 l of 22 S:\DOCUMEN112019\PROCUREMENT\19-0707 Fire Apparatus\19-0707 Agr w Tens Fire—Fire Apparatus_8.22.19.doca Exhibit A — Scope 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 i 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 byfhis reference. CONTRACT ACCESS REMITTANCE 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 8:\DOCtJ&MN7120191P1tOCURFMENT1i9-0707Fire Apparatvs\19-0707 Agr wTenB Fire—Fire Apparatus 8.22.19.docx 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 shalt 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 aluminum 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 required. 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 prior 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 appatitus prior to ordering. Page 13 of 22 S:\DOCUMb'NMO191PROCURi 3 4EN*RI9-0707 Fire Apparatus\19-0707 Agr w Tena Fire_Fire Apuarattis 8.22.19.docx 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: I. 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 final 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 14 of 22 S:\BOCUMENT120191PROCURP.MENnl9-©707 Fire Apparutus119-0707 Agr w Ten8 Fire—Fire Apparatus 9.22.19.docx 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 pre -delivery service report 4. Copy of manufacturers invoice to dealer, price may be deleted 5. Application for certification of title and/or vgbiele 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 Munday, Contracting Officer II 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 ;tis solely and exclusively due to the combination, operation, or use of any article supplied under the contract with 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 S:\DGCUMENT\2019\PROCUREMENTU9-0707 Fire Appastus\19-0707 Agr w TeM Fire Fire Apparatus_822.19.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 ies option and expense, procure for the County the right to continue use of, replace or mollify 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. If 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 offiered meets the salient characteristics required by the specifications. COOPERATIVE I!URCHASES 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:1M}CUMENT120191PR(CUREMENIA19-0707 Fire Apparatus119-0707 Agr w Ten8 Fire Fire Apparatus_8.22.19doex 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 of the 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 of the 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 removed 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 SADOCUMEN7 UO MPROCUREMENTi19-0707 Fire ApparatuAl9-0707 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`WARRANTIES 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 below. Item # Item Description UNIT COST I 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: FIQ14 Flicks, Service Manager 0ffrce: 321-257-5112 Cell: 407-955-1592 Page 18 of 22 s:\DOCUMEN \—)019\PROCUREMEN'r119-0707 Fire Apparatus\19-0707 Agr w "ren8 Fire _rire Apparatus 8.22.19.doex Page 19 of 22 S:\DOC'UMENT\2019\PROCUREMEN7119-0707 Fire Apparatus\19-0707 Aer w Ten8 Fire—Fire Apparatus 8.22.19.docs Item # Item Description UNIT COST 1 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: Teri -8 Fire Equipment, Inc. 14.1 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: 407-455-1592 Item # Item Description UNIT COST 1 TANKER PUMPER $392,728.00 State set percent above bidders cost for the following: Item # Item Description PERCENTAGE 2 Apparatus 494' 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 Page 19 of 22 S:\DOC'UMENT\2019\PROCUREMEN7119-0707 Fire Apparatus\19-0707 Aer w Ten8 Fire—Fire Apparatus 8.22.19.docs Page 20 of 22 S:\UOCIJMEN912019\PROCUREMEN'I119-0707 Fire Apparatus\19-0707 Agr w'ren8 Fire—Fire Apparatus_8.22.19.docx 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 Office: 321-257-5112 Cell. 407-955-1592 Item # Item Description UNIT COST I 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 Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736): 47 Miles Page 20 of 22 S:\UOCIJMEN912019\PROCUREMEN'I119-0707 Fire Apparatus\19-0707 Agr w'ren8 Fire—Fire Apparatus_8.22.19.docx Name/Phone/Cell Numbers of contact person: Floyd 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 4% 3 Equipment Options 121 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: Ten -8 Fire Equipment, Inc. 141 Maritime Drive Sanford, FL 32771 866-328-5081 Miles from facility to Groveland, FL (34736)-j-47 Miles Name/Phone/Cell Numbers of contact person: Flavd 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 # I Item Description PERCENTAGE Page 21 of 22 S:\DOCUMENT\2019TROCURGMENT\19-0707 Fire Apparatus\] 9-0707A.-rwTen8 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: Flavd Hicks, Service Manager Office: 32.1-25 7-5112 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:kDOCUA4EN"R?019\PROCUREMENT\19-0707 Fire Apparatus\19-0707 Agr w Ten8 Fire_Fire Apparatus_8.22.19.doex