2273 PBA 19/20-80 Vehicle Parts Installation - Piggyback - Lights n More4----Y OF sco"in
-�SXNFORD
FINANCE DEPARTMENT
PURCHASING DIEPARTMrENT
TRANsm[TTAL MEMORANDUM
F-1
Development Order
Mayor's signature
Fj
Final Plat (original mylars)
❑
Recording
F-1
Letter of Credit
F-1
Rendering
F-1
Maintenance Bond
g
Safe keeping (Vault)
R
Ordinance
E]
Deputy City Manager
R
Performance Bond
❑
Payment Bond
F-1
Resolution
❑
City Manager Signature
❑
F-1
City Clerk Attest/Signature
—
City Attorney/Signature
Once completed, please:
I - Return originals to Purchasing- Department
F-1 Return copies
El
Special Instructions: PBA with City of Melbourne, expires 1/10/2022
Li vt.ofye y r3oja.&z4e.v-
From
SharePoint—Finance Purchasingjorms - 2018.doc
Date
Lights N More Installations, LLC Piggyback Contract (PBA 19/20-80)
(Vehicle Parts Installation)
The City of Sanford ("City") enters this "Piggyback" Contract with Lights N More
Installations, LLC, a Florida limited liability company (hereinafter referred to as the
"Vendor"), whose principal address is 3516 Deerfield Road, Casselberry, Florida 32707
under the terms and conditions hereinafter provided. The City and the Vendor agree as
follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
City of Melbourne, Florida, said contract being identified as "Purchase Agreement
For Services (Contract No. 10-002-0-2018/LT) ", as may have been amended, in
order for the Vendor to provide goods and services relating to the City's need for
vehicle parts installation (said original contract being referred to as the "original
government contract" which is based upon procurement activity conditions).
(2). The original government contract documents are incorporated herein by
reference and attached as Exhibit "A" to this Contract. All of the terms and conditions
set out in the original government contract are fully binding on the parties and said
terms and conditions are incorporated herein; provided, however, that the City will
negotiate and enter work orders/purchase orders with the Vendor in accordance with
City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
11 Page
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
N/A.
(a). Time Period ("Term") of this Contract: (state NIA 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 Managers designated representative for this Contract
is Marisol Ordofiez, Purchasing Manager, Finance -Purchasing Division, 300 North Park
Avenue; Sanford, Florida 32771, telephone number (407) 688-5028 and whose e-mail
address is Marisol.ordonez@sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
2 1 P a g e
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). Notwithstanding any other provision in the original government contract to
the contrary, the Vendor shall provide the City with most favored nation pricing.
(h). 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.
(i). Public Records Requirements.
(1). IF THE CONTRACTORIVENDOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, MMC, ECRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK AVENUE,
3 1 P a g e
SANFORD, FLORIDA 327715
TRACI.HOUCHIN@SANFORDFL.GOV.
(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.
4 1 P a g e
(111). If the Vendor does not comply with a public records
request, the City shall enforce the provisions of this Contract in
accordance with the terms and conditions of this Contract.
(IV). Failure by the Vendor to grant such public access and
comply with public records requests shall be grounds for immediate
unilateral cancellation of this Agreement by the City. The Vendor shall
promptly provide the City with a copy of any request to inspect or copy
public records in possession of the Vendor and shall promptly provide
the City with a copy of the Vendor's response to each such request.
0). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered on the last date of a signatory hereto as set forth below.
Attest:
Ilene MallozA�7-
Mpnager/Member
Lights N More Installations, LLC, a
Florida limited liability company.
By: "leg
Michael Mallozzi
Manager/Member
Date: i 0 - S -j0
Attest: City Of Sanford
n l <H-ck, (0 11-tAk
Traci Houchin, City Clerk, MMC, FCRM Art Woodrurf, Mayor
Date: A Z-0 e
Approved as to form and legal sufficie Gy
and le a su*lce
g
Y Attorney
y
WHIG-- I Colbert City Attorney
5l Page
Exhibit "A"
[Attach original government contract documents]
6 1 P a_g e
City of Melbourne
FIRS 1 AMENDMENT TO PURCHASE AGREEMENT FOR SERVICES
Vehicle PartsInstallation
Contract No. 10-002-0-2018/1-T
This First Amendmeto Service Contract No. 10-002-0-2018/LT, Vehicle Parts Installation, dated
1
September 23, 2019, entered into by and between the CITY OF MELBOURNE, a Florida municipal
corporation, whose a dress is 900 East Strawbridge Avenue (the "CITY") and LIGHTS N MORE
INSTALLATIONS, L IC , a Florida limited liability company whose address is 3516 Deerfield Rd,
Casselberry, FL 3270 (the "CONTRACTOR") (Collectively the "Parties").
�
The CITY and the COI ITRACTOR agree as follows:
1. The Contract ente ed into on January 11, 2018, is hereby renewed for an additional twenty (24) month
term beginning Jai uary 11, 2020 through January 10, 2022.
2. Except as expres provided in this First Amendment to Service Contract No. 10-002-0-201 8/LT Vehicle
Parts Installation, , 11 of the terms and provisions of the Contract are and will remain in full force and effect
and are hereby rat fied and confirmed by the CITY and the CONTRACTOR. Without limiting the generality
of the foregoing, ti e amendments contained herein will not be construed as an amendment to or waiver
of any other provi, ion of the Contract or as a waiver of or consent to any further or future action on the
part of either the 41TY or the CONTRACTOR that would require the waiver or consent of the other party.
The Parties duly execute this amendment to become effective as of the date first written above.
CITY OF MELBOURNE, FLORIDA LIGHTS N MORE INSTALLATIONS, LLC
A Florida municipal orporation A Florida limited liability company
B y-Date_3-tj.� BY:
Date C&
Shannon 4Lewls Name: Michael Mallozzi
Its: City Manager its: Owner
900 E. Strawbridge jAvenue 3516 Deerfield Rd
Melbourne, Florida P2901 Casselberry, FL 32707
ATTEST:
Oath en A. Wysor, City
An Equal Opportunity Employer
mmmelbournefloddo-org
Procurement Division o 900 P. Strawbridge Avenue a Melbourne, Florida 32901 o (321) 908-7080 a Fax (321) 608-7070
PURCHASE AGREEMENT FOR SERVICES
Vehicle Parts Installation
This PURCHASE AGREEMENT FOR SERVICES — Vehicle Parts Installation (this "Contract") is entered into by and
between the City of Melbourne, Florida, hereinafter referred to as the CITY, and Lights N More Installations, LLC, a
Florida Limited Liability Company, whose principal address is 3516 Deerfield Rd, Casselberry, FL 32707, hereinafter
referred to as the CONTRACTOR.
CITY PROCUREMENT CONTACT:
CITY DEPARTMENT CONTACT:
CONTRACTOR CONTACT:
Procurement Division
Fleet Divisions/Management Services
Lights N More Installations, LLC
Leo Torres, Buyer
Ernest Hutman, Fleet Division Manager
Michael Mallozzi, Owner
900 E. Strawbridge Ave
2901 Harper Rd
3516 Deerfield Rd
Melbourne, FL 32901
Melbourne, FL 32904
Casselberry, FL 32707
I-eo.Torres(8)mIbfI.or-Q
Ernest,Hutman@mibfl.org
Lightsnmoreinstallations@gmail.com
P:407 -668-9962/F:321-203-4339
P:321 -608-7066/F:321-608-7095
I P:321 -608-5401/F:321-608-5405
This Contract consists of the following documents: (Mark "X" where applicable)
Exhibit A: Standard Terms and Conditions of Purchase Agreement - Services (Std Version 6/4/16)
Exhibit Al. Statement of Work
ISI Exhibit A2, Performance Standards
F1 Exhibit A3, Maintenance Agreement
Z Exhibit A4. Pricing Schedule
Exhibit B: Supplemental Provisions
0 Exhibit C: Federal Compliance Provisions
Exhibit D: Bid Specifications
Z Exhibit DI: Invitation to Bid # 10.002-0-2018/LT as modified by addenda (the "ITB")
El Exhibit D2: Request for Proposal # , as modified by addenda (the "RFP")
Exhibit D3: CONTRACTOR'S Responsive Bid dated November 15, 2017 but only to the extent
responsive to City's ITB or RFP (the "Bid")
City may purchase and CONTRACTOR shall provide the Services (and Items incidental thereto) as described in Exhibit
Al at prices specified in Exhibit A4, in accordance with the terms and conditions of this Contract and the documents
marked above as Exhibits, all incorporated herein by reference. This Contract commences on January 9, 2018 (the
"Commencement Date"), subject to the Effective Date. This Contract expires on January 8, 2020 (the "Expiration Date")
and [-] is not renewable Z is renewable for two (2) additional two (2) year terms.
CITY: CONTRACTOR:
CITY OF MELBOURNE, Lights N More Installations
a FIXUI corporation a FI id Limited bility Company _7
T -t --1p JIMA.
Michael cNe s anager Date Signature 0.7. Date
City
Name: Michael Mallozzi
/-%I I mS1.
Cathleen A. Wysor, Cit 0 rk Title: Owner
city Use only Commencement Date:
Initial Method of Procurement (mark): Note: But effective no earlier than last of the parties to execute
ZITB# 10-002-0-2018/1-T Expiration Date:
r1RFP # Renewal: F1No MYes: 2 times
F-1r-v-flnn- City Council Approval Date:
Std Version 6/4/2016 Services
EXHIBIT A
STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT — SERVICES
1. DEFINITIONS
A. "Item(s)" means any goods or items, including intellectual
property, provided by CONTRACTOR incidental to the Services.
B. "Hazardous Materials" are or contain dangerous goods,
chemicals, contaminants, substances, pollutants, or any other
materials that are defined as hazardous by relevant local, state,
national, or international law, regulations, and standards.
C. "Purchase Order' is CITY's document setting forth specific
Services to be rendered and Order information.
D. "Order" means CITY s authorization for CONTRACTOR to
provide the Services defined in accordance with the CITY's
Purchase Order sent to CONTRACTOR.
E. "Service(s)" means the work which CONTRACTOR is to
perform for CITY as set forth in Exhibit Al in compliance with
the Performance Standards of Exhibit A2 and the Maintenance
Agreement of Exhibit A3.
F. "Commencement Date" and "Expiration Date" are defined as set
forth on the first page of this Contract and shall apply to term
contracts.
2. TERM OF AGREEMENT
The term of this Contract shall begin on the Effective Date, and
continue to the Expiration Date. The Effective Date of this
Contract shall be the date of the last of the parties to sign.
3. PRICING
A. Prices set forth on Exhibit A4 shall remain fixed for the duration
of this Contract except as provided herein. .
B. The price charged CITY for any Service shall always be
CONTRACTOR's lowest price charged any customer for that
equivalent Service regardless of any special terms, conditions,
rebates, or allowances of any nature. If CONTRACTOR sells
any Service to any customer at a price less than that set forth
herein, CONTRACTOR shall adjust its price to the lower price
for any un -invoiced Service and for all future invoices for such
Service. For purposes of comparing price under this Paragraph,
the price and/or conversion costs of Services shall include those
CONTRACTOR cost components which are generic to the
Services as compared to other similar services generally
provided by CONTRACTOR. Such comparison shall be made
to the extent Services have similar characteristics, such as labor
rates, turnkey material costs, storage expenses, or other
specific comparison criteria agreed upon by the parties.
C. In the event CONTRACTOR offers a lower price, either as a
general price drop or only to some customer(s) for any reason,
CONTRACTOR shall immediately inform CITY of this price and
rebate to CITY an amount equal to the difference in the price
paid by CITY and the lower price for all such Services provided
during the preceding thirty (30) days.
D. All Applicable taxes and other charges such as duties, customs,
tariffs, imposts, and government imposed surcharges paid by
CONTRACTOR shall be stated separately on CONTRACTOR's
invoice and borne by CONTRACTOR. in the event that CITY is
prohibited by law from remitting payments to the
CONTRACTOR unless CITY deducts or withholds taxes
therefrom on behalf of the local taxing jurisdiction, then CITY
shall duty withhold such taxes and shall remit the remaining net
invoice amount to the CONTRACTOR. CITY shall not
reimburse CONTRACTOR for the amount of such taxes
withheld.
E. The purchase of equipment, materials, and/or service by the
CITY may be exempt from the payment of excise, transportation
and sales tax imposed by the federal, state and/or other city
governments. Upon request, applicable federal excise
exemption certificates will be furnished to CONTRACTOR.
F. Additional costs including such taxes, surcharges and delivery
costs, except those described on Exhibit A4, will not be paid or
reimbursed without CITY's prior written approval.
G. CITY reserves the right to have CONTRACTOR's records
inspected and audited to ensure compliance with this Contract.
At CITY's option or upon CONTRACTOR's written demand,
such audit will be performed by an independent third party at
CITY's expense. However, if CONTRACTOR is found to not be
complying with this Contract in any way, CONTRACTOR shall
reimburse CiTY for all costs associated with the audit, along
with any discrepancies discovered, within thirty (30) days after
completion of the audit. The results of such audit shall be kept
confidential by the auditor to the extent allowed by law and, if
conducted by a third party, only CONTRACTOR's failures to
abide by the obligations of this Contract shall be reported to
CITY.
4. INVOICING AND PAYMENT
A. Payment for Services as specified in the contract shall be
processed promptly after performance of Services and after
receipt of property prepared invoice(s). Original invoices shall
be submitted and shall include: purchase agreement number
from the Purchase Order, purchase order number, line item
number, Order number, part number, complete bill to address,
description of Services, quantities, unit price, extended totals,
and any applicable taxes or other charges. For payment, Seller
must render original invoice to the City of Melbourne, Accounts
Payable Division, 900 East Strawbridge Avenue, Melbourne,
Florida 32901.
B. CONTRACTOR shall be responsible for and hold the CITY
harmless for any and all payments to CONTRACTOR's vendors
or subcontractors utilized in the performance of the Services.
C. Discounts for prompt payment will not be considered in bid
evaluations, unless otherwise specified. Offered discounts,
however, will be taken if payment is made within the discount
period.
D. Payment is made when CITY's check is mailed or EDI funds
transfer initiated.
E. CITY is a local governmental entity subject to the Local
Government Prompt Payment Act, §218.70, et seq., Fla. Stat.
and payment by CITY shall be made in compliance with said
Act. Late charges may be assessed subject to said Act but only
to the extent set forth in this Contract.
F. No payments shall be made in advance of acceptance of
services not covered under this Contract nor for Services not
acceptable to CITY.
G. CONTRACTOR agrees to invoice CITY no later than sixty (60)
days after performance of Services. CITY will not be obligated
to make payment against any invoices submitted after such
period.
H. Payment by the CITY shall be subject to approval and
acceptance of Services by CITY. Notwithstanding the
foregoing, CITY's payment shall not constitute acceptance.
5. NON -APPROPRIATION - All funds for payment by CITY under
this Contract are subject to the availability of an annual
appropriation for this purpose by the Melbourne City Council. In
the event of non -appropriation of funds by the Melbourne City
Council for the Services provided under this Contract, CITY will
terminate this Contract, without termination charge or other
liability, on the last day of the then -current fiscal year or when
the appropriation made for the then -current year for the
Services covered by this Contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the
continuance of this Contract, CONTRACTOR on thirty (30) days
prior written notice shall accept cancellation, but failure to give
such notice shall be of no effect and CITY shall not be obligated
under this Contract beyond the date of termination.
NON -EXCLUSIVITY - The right to provide the Services, which
will be granted under this Contract, shall not be exclusive. The
CITY reserves the right to competitively bid any Services from
another provider when it is in the best interest of CITY.
7. TERMINATION
A. CITY may terminate this Contract or any Purchase Order
issued, or any part thereof, at any time for its sole convenience
by giving thirty (30) days written notice of termination to
CONTRACTOR.
B. CITY may terminate this Contract upon written notice to
CONTRACTOR in the event CONTRACTOR defaults on any of
the terms and conditions of this Contract and such failure
continues for a period of fifteen (15) days following notice from
CITY specifying the default.
C. Notwithstanding the foregoing, CITY may immediately terminate
this Contract, without providing CONTRACTOR with notice of
default or an opportunity to cure, if CITY determines that
CONTRACTOR has failed to comply with any of the terms and
conditions of this Contract related to safety, indemnification or
insurance coverage.
D. Notwithstanding the foregoing, CITY reserves the right to
immediately terminate this Contract by providing written notice
to CONTRACTOR but without an opportunity to cure if CiTY
determines CONTRACTOR knowingly furnished any statement,
representation, warranty or certification in connection with the
solicitation of CONTRACTOR's bid or this Contract, which
representation was materially false, deceptive, incorrect, or
incomplete.
E. Notwithstanding the foregoing, CITY reserves the right to
immediately terminate the contract by providing written notice to
CONTRACTOR if the State of Florida or the federal government
enacts a law, which removes or restricts the authority of CITY to
conduct all or part of its function.
F. Upon receipt of such notice of termination, CONTRACTOR
shall- (1) discontinue the terminated work in accordance with
CITY's instructions, (2) thereafter perform only such portion of
the work not terminated, (3) not place further orders or enter into
further subcontracts for Services relating to this Contract, and
(4) terminate all existing orders and subcontracts insofar as
such orders and subcontracts relate to the performance of this
Contract.
G. There shall be no termination charges for Services not yet
provided. The CITY will be responsible for payment of
authorized Services already provided by CONTRACTOR but not
yet invoiced, provided such Services have been approved by
the CITY. Upon payment of CONTRACTOR's claims, the CITY
shall be entitled to all work and materials paid for.
H. Before assuming any payment obligation under this section, the
CITY may inspect CONTRACTOR's work in process and audit
all relevant documents prior to paying CONTRACTOR's invoice.
I.There shall be no charges for termination of orders for Services.
Notwithstanding anything to the contrary, CONTRACTOR shall
not be compensated in any way for any work done after receipt
of CITY's notice, nor for any costs incurred by CONTRACTOR's
suppliers or subcontractors after CONTRACTOR receives the
notice, nor for any costs CONTRACTOR could reasonably have
avoided.
J. Notwithstanding anything else in this Contract, failure to meet
the performance date(s) in this Contract shall be considered a
material breach of contract and shall allow CITY to terminate the
order for the Services and/or any subsequent Orders in the
Purchase Order without any liability.
8. FORCE MAJEURE
Neither party shall be responsible for its failure to perform due to
causes beyond its reasonable control such as acts of God, fire,
theft, war, riot, embargoes, or acts of civil or military authorities.
If Services are to be delayed by such contingencies,
CONTRACTOR shall immediately notify CITY in writing and
CITY may either. (i) extend time of performance; or (ii) terminate
all or part of the uncompleted portion of the Purchase Order at
no cost to CITY.
C.
0
10.
A.
C.
11.
9. SCHEDULING AND ORDERS
A. CONTRACTOR shall promptly perform Services as scheduled 12
or shall promptly notify the CITY if unable to perform any
scheduled Services and shall state the reasons.
B. CITY may place any portion of an Order on hold by notice which
shall take effect immediately upon receipt. Orders placed on
hold will be rescheduled or canceled within a reasonable time.
CITY shall have no obligation with respect to the purchase of
Services under this Contract until such Services are specified in
an issued Purchase Order.
CONTRACTOR, in performing work under this Contract, shall
provide and maintain during the life of this Contract, equipment
and staff sufficient in number, condition and capacity to
efficiently perform the work and provide the Services required
by this Contract.
WARRANTY
CONTRACTOR represents and warrants that all Services
provided shall be performed in a workmanlike and competent
manner in accordance with the highest professional standards
in CONTRACTOR's trade or industry, and shall meet the
descriptions and specifications provided on Exhibit Al and the
performance standards stated in Exhibit A2. CITY may inspect
and test all Items and review Services at reasonable times in
such manner as shall not unreasonably hinder or delay
CONTRACTOR's performance. All Items and Services shall be
received subject to CnY's inspection, testing, approval, and
acceptance at CITY's premises notwithstanding any inspection
or testing at CONTRACTOR's premises or any prior payment
for such Services. Items rejected by CITY as not conforming to
this Contract or specifications, whether provided by CITY or
furnished with the Item, may be returned to CONTRACTOR at
CONTRACTOR's risk and expense and, at CITY's request, shall
immediately be repaired or replaced.
CONTRACTOR makes the following warranties regarding Items
furnished hereunder, which shall survive any delivery,
inspection, acceptance, payment, or resale of the Services and
Items:
(i) Items will not infringe any party's intellectual property rights;
(ii) CONTRACTOR has the necessary right, title, and interest to
provide said Items to CITY, and the Items will be free of
liens and encumbrances;
(iii) Items are new, and of the grade and quality specified;
(iv) Items are free from defects in workmanship and material,
conform to all samples, drawings, descriptions, and
specifications furnished or published by CONTRACTOR,
and to any other agreed -to specifications; and
(v) Items conform to the manufacturing quality provisions set
forth in Exhibit A2.
If CONTRACTOR breaches any of the foregoing warranties, or
Items are otherwise non -conforming, during a period of three (3)
years after CITY's acceptance of Services, CONTRACTOR
shall, at CITY's option, (i) promptly correct any non -conforming
or defective workmanship at no additional cost to the CITY; or
(ii) CONTRACTOR shall promptly repair, replace, or refund the
amount paid for such Items and Services; and (iii) shall pay to
CITY all incidental and consequential damages arising from
breach of the foregoing warranties. CONTRACTOR shall bear
the cost of shipping and risk of loss of all defective or non-
conforming Items while in transit. Notwithstanding the
foregoing, the parties agree that the term of the manufacturer's
standard warranty shall apply to all manufacturing defects.
INDEPENDENT CONTRACTOR
In performing Services under this Contract, CONTRACTOR is
an independent contractor and its personnel and other
representatives shall not act as nor be agents or employees of
the CITY. As an independent contractor, CONTRACTOR will
be solely responsible for determining the means and methods
for performing the required Services. CONTRACTOR shall
have complete charge and responsibility for personnel
employed by CONTRACTOR; however, the CITY reserves the
right to instruct CONTRACTOR to remove from the CITY's
premises immediately any of CONTRACTOR's personnel who
are in breach of Paragraph 17 herein. Such removal shall not
relieve CONTRACTOR's obligation to provide Services under
this Contract.
SECURITY
CONTRACTOR confirms that employees of CONTRACTOR
performing work at the CITY's facilities have no record of
criminal convictions involving drugs, assault or combative
behavior, or theft within the last five years. CONTRACTOR
understands that such employees may be subject to criminal
history investigations by the CITY at the CITY's expense and
may be denied access to the CITY's facilities if any such
criminal convictions are discovered.
13. OWNERSHIP AND BAILMENT RESPONSIBILITIES
A. Any specifications, drawings, schematics, technical information,
data, tools, dies, patterns, masks, gauges, computers, test
equipment, and other materials furnished or paid for by CITY
shalt: (i) remain or become the CITY's property; (ii) be used by
CONTRACTOR exclusively for CITY's orders; (iii) be clearly
marked as CITY's property and segregated when not in use; (iv)
be kept in good working condition at CONTRACTOR's expense;
and (v) be shipped to CITY promptly on demand.
B. CONTRACTOR shall insure CITY's personal property and be
liable for loss or damage while in CONTRACTOR's possession
or control, ordinary wear and tear excepted.
14. ASSIGNMENT OF INTELLECTUAL PROPERTY
CONTRACTOR hereby assigns to CITY all right, title, and
interest to all intellectual property created by the
CONTRACTOR arising out of or utilized by the CONTRACTOR
in the performance of this Contract and the ownership of the
intellectual property shall be vested solely in the CITY. In
respect to copyrights, this assignment shall be effective for the
entire duration of the copyrights and shall include, but not be
limited to, all rights to derivative works. The CONTRACTOR
waives all rights of attribution and integrity for specific works
created by CONTRACTOR under this Contract.
15. INTELLECTUAL PROPERTY INDEMNIFICATION
CONTRACTOR shall defend, indemnify, and hold CITY and its
employees, officers, agents, representatives, and
subcontractors harmless from any costs, expenses (including
reasonable attorneys' fees), losses, damages, or liabilities
incurred because of actual or alleged infringement of any
patent, copyright, trade secret, trademark, maskwork, or other
intellectual property right, arising out of the use or sale of Items
or CONTRACTOR's Services. If an injunction issues as a result
of any such claim or action, CONTRACTOR agrees at
CONTRACTOR's expense and CITY's option to either. ()
procure the right to continue using Items; (ii) replace them with
non -infringing Items; (iii) modify them so they become non -
infringing; or (iv) refund to the CITY the amount paid for any
Items returned to CONTRACTOR or for any Item destroyed and
for Services connected therewith.
16. GENERAL INDEMNIFICATION
CONTRACTOR shall, to the fullest extent permitted by law,
protect, defend, indemnify, and hold CITY and its employees,
officers, agents, representatives, and subcontractors harmless
from and against any and all claims, liabilities, demands,
penalties, forfeitures, suits, judgments, and the associated costs
and expenses (including attorney's fees), which may hereafter
incur, become responsible for, or pay out as a result of: death or
personal injury (including bodily injury) to any person,
destruction or damage to any property, contamination of or
adverse effects on the environment, and any cleanup costs in
connection therewith, or any violation of law, governmental
regulation or orders, to the extent caused by (i)
CONTRACTOR's breach of any term or provision of this
Contract; (ii) any negligent or willful acts, errors, or omissions by
CONTRACTOR, its employees, officers, agents,
representatives, or subcontractors in the performance of this
Contract; or (iii) dangerous defects in Items. In agreeing to this
paragraph the CITY does not intend to alter, extend or waive
any defense of sovereign immunity to which it may be entitled
under the Florida Constitution, §768.28, Fla. Stat. or otherwise
provided.
17. COMPLIANCE WITH LAWS
A. CONTRACTOR shall comply with all national, state, and local
laws and regulations governing the manufacture, transportation,
and/or sate of Items and/or the performance of services in the
course of this Contract. Lack of knowledge by CONTRACTOR
shalt in no way be cause for relief from responsibility. These
may include, but are not limited to, Department of Commerce,
Environmental Protection Agency, and Department of
Transportation regulations applicable to Hazardous Materials
and all immigration, employment and labor laws governing
CONTRACTOR's personnel providing Services to the CITY.
B. CONTRACTOR represents and warrants that it is in compliance
with Equal Employment Opportunity regulations, unless
exempted or inapplicable.
C. CONTRACTOR represents and warrants that the Items supplied
and Services provided to the CITY shall conform in all respects
to the standards set forth in the Occupational Safety and Health
Act 1970, as amended. Upon request of CITY, CONTRACTOR
shall provide copies of CONTRACTOR's OSHA 300 safety logs
(summaries only) and the safety logs (summaries only) of
CONTRACTOR's subcontractors for the past twenty-four (24)
months.
D. CITY actively supports the Immigration and Nationality Act
(INA), which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination.
Under the INA, employers may hire only persons who may
legally work in the United States. The employer must verify the
identity and employment eligibility of anyone to be hired, which
includes completing the Employment Eligibility Verification Form
(1-9). CONTRACTOR shall establish appropriate procedures
and controls so no services or products under this Contract will
be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
E. CONTRACTOR represents and warrants that is not listed on the
State of Florida's convicted vendor listing established under the
provisions of §287.133, Fla. Stat., whereby the State of Florida
maintains a convicted vendor listing which excludes those listed
suppliers from bid submittal for a period of thirty-six (36)
months.
F. CONTRACTOR shall maintain, for the duration of this Contract,
all valid licenses and certificates required for the performance of
work and Services and provision of Items.
G. Subject to Odebrecht Construction, Inc., v. Prasad and
Odebrecht Construction, Inc., v. Secretary, Florida Department
of Transportation and their progeny, this sub -paragraph applies
to any contract for Services and Items of $1 million or more.
CONTRACTOR certifies that it is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector
List and that it does not have business operations in Cuba or
Syria as provided in §287.135, Fla. Stat., as may be amended
or revised. CITY may terminate this Contract at the CITY's
option if CONTRACTOR is found to have submitted a false
certification as provided under subsection (5) of § 287.135, Fla.
Stat., as may be amended or revised, or been placed on the
Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List or has been engaged in business operations
in Cuba or Syria, as defined in §287.135, Fla. Stat., as may be
amended or revised.
H. CONTRACTOR agrees to abide by all of CITY's rules and
regulations while on CITY's premises or performing Services
including, but not limited to, safety, health and Hazardous
Material management rules, and rules prohibiting misconduct on
CITY's premises such as use of physical aggression against
persons or property, harassment, and theft. CONTRACTOR will
perform only those Services identified on Exhibit Al and will
work only in areas designated for such Services.
CONTRACTOR shall take all reasonable precautions to ensure
safe working procedures and conditions for performance on
CITY's premises and shall keep CITY's site neat and free from
debris.
I. Failure to comply with this Paragraph shall be considered a
breach of contract.
18. RETENTION AND AUDIT
A. CONTRACTOR understands and agrees that CITY is a public
entity subject to the Florida Public Records Law and, as such,
CONTRACTOR agrees to retain public records, and upon
request by CITY provide to CITY those public records
requested, which retention and access shall be pursuant to
Chapter 119, Fla. Stat..
a
C.
The CITY reserves the right to audit the records of
CONTRACTOR for the Services and Items provided under this
Contract at any time during the performance and term of this
Contract and for a period of five (5) years after completion and
acceptance by CITY. if required by CITY, CONTRACTOR
agrees to submit to an audit by an independent certified public
accountant selected by CITY. CONTRACTOR shall allow CITY
to inspect, examine and review the records of CONTRACTOR
in relation to this Contract at any and all times during normal
business hours during the term of this Contract. Records
relating to the performance of this Contract shall be made
available to CITY for audit upon reasonable notice.
A request to inspect or copy public records relafing to this
Contract for Services must be made directly to the CITY and
CONTRACTOR shall not release a public record in response to
a request arising from anyone other than the CITY.
To the extent CONTRACTOR is "acting on behalf of the CITY"
CONTRACTOR shall be subject to the following provisions:
(i) As required by §119.0701, Fla. Stat., CONTRACTOR shall
(1) Keep and maintain public records required by the CITY
to perform the Services.
(2) Upon request from the CITY, provide the City with a
copy of the 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 by law.
(3) Ensure that public records are exempt or confidential
and exempt from public records disclosure requirements that
are not disclosed except as authorized by law for the duration of
the Contract and following completion of the Contract if the
CONTRACTOR does not transfer the records to the CITY.
(4) Upon completion of the Contract, transfer, at no cost, to
the CITY all public records in possession of the CONTRACTOR
or keep and maintain public records required by the CITY to
perform the Service. If the CONTRACTOR transfers all public
records to the CITY upon completion of the Contract, the
CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and
maintains public records upon completion of the contract, the
CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must
be provided to the CITY, upon request from the CITY's
custodian of public records, in a format that is compatible with
the information technology systems of the CITY.
(ii) The CONTRACTOR who fails to produce the public records
as required by §119.0701, Fla. Stat. may be subject to penalties
pursuant to §119.10, Fla. Stat. and civil action pursuant to
§119.0701(4) and such failure to produce shall be considered a
material breach of this Contract by CONTRACTOR. In the
event of such breach, in addition to all other remedies available,
CONTRACTOR shall pay to CITY all incidental and
consequential damages arising from such breach, including
attomeys' fees and costs incurred by the CITY in defending a
public records action as well as those assessed against the
CITY in such public records action.
(iii) The term "public record" as used in this section includes all
documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics or means
of transmission, made or received pursuant to law or ordinance
and in connection with the transaction of official business by or on
behalf of the CITY. Guidance as to whether something is a
"public record," whether the public record is confidential or
exempt, and the applicability or implementation of the provisions
of Florida public records law, may be sought from the City
Attorney's Office or the City Clerk's Office; provided that the
CONTRACTOR hereby agrees that neither the City Attomey s
Office not the City Clerk's Office is providing legal or other advice
to be relied upon by CONTRACTOR.
19. MERGER, MODIFICATION, WAIVER, AND REMEDIES
A. This Contract contains the entire understanding between the
CITY and CONTRACTOR with respect to the subject matter
hereof and merges and supersedes all prior and
contemporaneous agreements, dealings and negotiations. No
modification, alteration, or amendment shall be effective unless
made in writing, dated and signed by duly authorized
representatives of both parties. Any additional or different terms
in CONTRACTOR'S documents are deemed to be material
alterations and notice of objection to and rejection of them is
hereby given.
B. CONTRACTOR shall not substitute the Items.
C. In the event of any conflict between or among this Contract or
any ambiguity or missing specifications or instruction, the
following priority is established:
• First, the "Supplemental Provisions" set forth as Exhibit B to the
Contract;
• Second, the "Federal Provisions" set forth as Exhibit C to the
Contract;
• Third, these "Standard Terms and Conditions of Purchase
Agreement — Services" incorporated by reference into the
Contract.
• Fourth, CITY's Invitation to Bid or CITY's Request for Proposal,
as the case may be, with supporting addenda and
CONTRACTOR's bid but only to the extent responsive to
CITY's request, collectively set forth as Exhibit D to the
Contract.
D. No waiver of any breach hereof shall be held to be a waiver of
any other or subsequent breach.
E. CITY's rights and remedies herein are in addition to any other
rights and remedies provided by law or in equity.
F. If any provision of this Contract is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable,
such determination shall not affect the validity of the remaining
provisions unless CITY determines in its discretion that the
court's determination causes this Contract to fail in any of its
essential purposes.
G. Notwithstanding anything else contained in this Contract, CITY
and CONTRACTOR specifically agree that failure to perform
certain obligations undertaken in connection with this Contract
would cause irreparable damage, and that monetary damages
would not provide an adequate remedy in such event. The
parties further agree that CONTRACTOR's failure to complete
performance of the Services called for in this Contract or on any
project Ordered under this Contract, or failure to perform or
effect performance of Services as contracted are such certain
obligations. Accordingly, it is agreed that, in addition to any
other remedy to which the non -breaching party may be entitled,
at law or in equity, the non -breaching party shall be entitled to
an order of specific performance to carpel performance of such
obligations.
20. DISPUTES
In case of dispute arising under this Contract between the
parties, the decision of the CITY of Melbourne shall be final and
binding of both parties.
21. ASSIGNMENT; SUBCONTRACTORS
CONTRACTOR may neither assign nor factor any rights in nor
delegate any obligations under this Contract or any portion
thereof without the written consent of the CITY. CITY may
cancel this Contract for cause should CONTRACTOR attempt to
make an unauthorized assignment of any right or obligation
arising hereunder. This Contract may be amended only in
writing signed by CONTRACTOR and CITY and subject to with
the same degree of formality evidenced in this Contract.
Nothing contained in this Contract will be construed as
establishing any contractual relationship between CITY and any
subcontractor of CONTRACTOR. CONTRACTOR will be fully
responsible to CITY for the acts and omissions of the
CONTRACTOR's suboontractor(s) and their employees. When
subcontracting is allowed, any changes in subcontractors shall
require prior written approval by the CITY.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES
CITY encourages and agrees to CONTRACTOR extending the
pricing, terms and conditions of this Contract to other
governmental entities at the discretion of CONTRACTOR.
23. APPLICABLE LAW
This Contract is to be construed and interpreted according to
the laws of the State of Florida and all legal proceedings
regarding this Contract shall be filed in Brevard County, Florida.
24. HEADINGS
The headings provided in this Contract are for convenience only
and shall not be used in interpreting or construing this Contract.
25. SURVIVAL
The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13
(Ownership and Bailment), 14 (Assignment of Intellectual
Property), 15 (Intellectual Property Indemnification), 16 (General
Indemnification), 18 (Retention and Audit), 19 (Merger,
Modification, Waiver and Remedies), 20(Disputes), 23
(Applicable Law), 24 (Headings), and 25 (Survival), and, as
applicable, Exhibit Al (Product Description and Statement of
Work), Exhibit A2 (Performance Standards), Exhibit A3
(Maintenance Agreement except for Technical Support which
expires or terminates), Exhibit C (Federal Compliance
Provisions), all of which will survive any termination or expiration
of this Contract.
26. TIME
Time is of the essence in the performance of this Contract.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AS
07 A
City Clerk
900 East Strawbridge Avenue
Melbourne, Florida 32901
Telephone: 321-608-7220
Email: City. 'Ierk@MLBFL.org
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INTENTIONALLY LEFT BLANK
EXHIBIT Al
STATEMENT OF WORK
CONTRACTOR shall provide all equipment, supplies, transportation, and personnel necessary
(and items incidental thereto) as set forth herein, and in compliance with the Performance
Standards of Exhibit A2.
1. GENERAL:
A. CONTRACTOR shall provide installation of CITY provided equipment on various CITY
Police, Fire (Admin units only), and Public Works vehicles on an as needed basis.
B. The number of potential vehicle build -outs for CITY's fiscal year 2018 (October 2017 -
September 2018) is:
• Fifteen (15) Marked Police units
• Five (5) Un -Marked Police units
• Nineteen (19) Public Works units
2. MATERIALS AND EQUIPMENT:
A. The equipment selected for each installation shall be provided and issued with the
vehicle by the CITY's Fleet Management Division (FMD).
B. CONTRACTOR shall inventory and sign acceptance of all installation equipment for the
build -out prior to acceptance of unit at the time of initial unit pickup. CONTRACTOR shall
bare all cost for the replacement of lost or missing equipment if item was previously
signed off by CONTRACTOR.
3. INSTALLATION:
A. CONTRACTOR shall provide a written quote to the FMD for all labor required to perform
installations.
B. CONTRACTOR shall quote any charges for miscellaneous items as identified in above
Section 2. Materials and Equipment, paragraph B.
C. Installations shall be performed at the CONTRACTOR's facility.
D. CONTRACTOR's completion time for build -out services shall not exceed seven (7)
business days per unit from the CONTRACTOR's receipt of vehicle.
E. CONTRACTOR shall maintain accurate records of all installations and associated
equipment provided by the City and make available to the CITY upon request.
4. PICK-UP & DELIVERY:
A. CONTRACTOR shall schedule all pick-ups and deliveries with the CITY's point of
contact.
B. CONTRACTOR shall transport CITY vehicles to and from installation facility. Pick-up
and delivery will be made at the CITY's Fleet Management Division located at 2901
Harper Road, Melbourne, Florida 32904.
C. CONTRACTOR shall be required to sign a pickup/delivery sheet provided by the CITY
upon pickup of the unit at CITY's place of business. The date on the pickup/delivery
sheet shall be used for tracking the build -out time.
D. CONTRACTOR shall notify the CITY via email Conly) as soon as the unit is completed
and ready for delivery.
E. CONTRACTOR shall deliver units by 3:00 p.m. ET the day build -out is completed if time
allows, but no later than 9:00 a.m. the next business day.
F. The CITY, at its own discretion, may determine to pick up and/or deliver units using
CITY staff. In these occurrences the CITY will not be charged a pickup or delivery fee
for the unit.
6. INSPECTION:
A. All vehicle delivery inspections and acceptance shall be held at CITY's Fleet
Management facility and attended by a CONTRACTOR authorized representative. The
CITY reserves the right to reject a vehicle in whole or in part if the vehicle is not in
compliance with the contracted specifications. The CITY's determination shall be final.
B. CONTRACTOR will have seventy-two (72) hours turnaround time to correct all
deficiencies and deliver vehicle to the CITY for re -inspection at no additional cost to the
CITY,
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EXHIBIT A2
PERFORMANCE STANDARDS
In addition to those requirements set forth in the St@t8Dlerd of Work 8K8Chgd and incorporated
as Exhibit Al, all services (and items iDCid8Dt8| thereto) and work provided by the
CONTRACTOR Shg)| CODfD[Rl to the fO||OVVDg:
1. GENERAL:
A. CONTRACTOR shall ensure all installations meet or exceed all Emergency Vehicle
Technician /E\/T\Standards.
B. CC}NTF64CT[)R'etechnicians performing repairs and installations shall be EVTmartifiad
technicians. (L-1 Law Enforcement Vehicle Installation)
C. CONTRACTOR shall ensure that all CITY vehicles are driven for the sole purpose of
pick-up and delivery and performed during the hours of 8:00 a.m. — 3:00 p.m., Monday —
Friday, except CITY holidays.
D. The CITY reserves the right to restrict any CONTRACTOR employee from driving or
performing work On CITY vehicles at its G0|e discretion.
E. CC)NTRACTOR'm drivers must have a valid Florida Driver's license appropriate for the
class Ofvehicle being driven.
F. CONTRACTOR shall have osecure location tOstore CITY vehicles until delivery and
acceptance by the CITY upon CDDlp|edon of installation. The |oC8dOn shall have an area
that the vehicles can be stored/locked in overnight and/Dr o[8Oced perimeter that is
|OCk8d while Vehio|8S are at the installation |DC8U0n.
G. To the fU|| extent provided by law, CONTRACTOR 5h@|| be ooCOUDt3b|8 and }ieb\8 for
damage O[loss tOall CITY property inthe vehicles and for all vehicle accessories.
2. WARRANTY:
A. All installations eh8|} be guaranteed for G OOini[nUrO of two /2\ year from date Of
installation against defective Vrimproper installation.
B. |nSta\|3dOOS nlUot be completed in a xlonO8r that maintains the integrity of the vehicle
and does not interfere with any factory warranties ofthe base vehicle.
3' PRICING AND INVOICES:
A. CONTRACTOR will be paid on a per vehicle rete, subject to acceptance by the CITY.
Equipment and parts shall bem percentage above the CC}NTRACTOR'ocost. Evidence
of said costs shall be submitted Via equipment/parts invoices. Proof Ofcosts 8h@|| be
priOted, properly identified, and dated as to issuance and effectiveness.
B. INVOICES TO THE CITY SHALL DISPLAY:
1. CONTRACTOR's costs
2. Total cost to the CITY
3. CITY's vehicle number
4. Vehicle Identification Number
6. List of all components installed
6. Services performed
4. LIQUIDATED DAMAGES:
If the CONTRACTOR does not perform the work or correct deficiencies of work within the
period specified in the contract, the CITY may, at its sole discretion, obtain the services of
another vendor and charge the CONTRACTOR any additional costs above and beyond
contract pricing.
The CITY shall seek liquidated damages of one-half (.5%) percent of total price of the billed
invoice for each business day the build -out is not completed and delivered within the
specified period.
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EXHIBIT A4
PRICING SCHEDULE
CONTRACTOR shall provide all installation services (and items incidental as set forth for the
costs stated below.
Description Hourly Labor Rate
Labor rate for installation of equipment to City vehicles $49.00
Hourly labor rate shall heinclusive of all charges necessary to perform work under this contract
including pick-up and delivery as needed. Shop fees can be charged but, shaff not to exceed
per work order. CONTRACTOR shall not charge for providing installation quotes.
PRICE ADJUSTMENTS:
A. Pricing willremain fixed for the duration ufeach contract and renewal period. Noincreases will bapermitted
within the specified contract orrenewal period.
BL Prior to each nanevmx| period, the CONTRACTOR may request an increase ONLY).
CONTRACTQR'a request for increase must be submitted at least thirty -(30) calendar days prior to
expiration of the current term to be considered or submitted at the time of the renewal request from the city.
In any event the term inonaaea ohuU not exceed the then current Consumer Phma Index (CPI) in effect at
time ofrenewal, orthree percent (3Y6)whichever isless. The Consumer Price Index shall mean the index
numbers ofretail commodity pricesdesignated "CONGUK8ERPR|CE|NDE)(.ALLURBANCONGUK4ERS.
U.G. CITY AVERAGE, ALL |TE&YEy' (1982-1984=100}. not seasonally odivabed, prepared by the Bureau of
Labor Statistics mfthe U.S.Department ofLabor.
C'The CITY reserves the right to review contract pricing for price de-escalation utilizing the above methods as
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EXHIBIT B
SUPPLEMENTAL PROVISIONS
Section 1. Bid. This Contract is awarded based on S bid responding toCITY'S
ITB. CONTRACTOR represents and warrants that all information and representations contained in the
bid iatruthful tothe best ofCONTRACTOR'S knowledge and belief and CONTRACTOR hereby restates
and affirms all representations contained inthe bid.
Section 2. Noperformance orpayment bond are required for this
Section
A. Notice to the CITY regarding terms and conditions of the Agreement and changes in
oddnaom/oddreoaeeohaU be dinaobsd to the CITY Procurement Contact as identified section 2.1 of
the ITB. Notice and communication with the CITY regarding the Services shall be directed to the
CITY Department Contact. Payment to CITY shall be directed to City of Melbourne, Accounts
Receivable, 900East Strawbridge Avenue, Melbourne, Florida 32AO1.
B. Notice and communication and changes in to the awarded firm shall be
directed to:
Firm Name: Lights N More Installations, LLC.
Contact Person Name: Michael Mailozzi
Mailing Address: 958 Josiane Ct., Altamonte Springs, FL 32701
Email Address:
Phone Number: 4{7-l68-9962!
C. Notice of default or notice of termination of Agreement shall be made in writing and delivered in
person or dispatched by certified mail, postage pnapoid, return receipt requested and shall be
addressed as follows:
Firm Name: Lights N More Installations, LLC.
Contact Person Name:
Mailing Address: 958 Josiane Ct., Altamonte Springs, FL 32701
A party may unilaterally change its address oraddressee bygiving notice iwriting to the other party
as provided in this section. Thereafter, notices and other pertinent correspondence ohed| be
addressed and transmitted to the new address.
Section 4. Insurance requirements
A. Contractor shall submit proof ofCommercial General Liability, Professional UoLi|hx, Business
Automobile Liability, Garagekeepers Liability and, aarequired bvlaw, Worker's Compensation
insurance coverage.
El Proof of Insurance. Contractor shall submit proof of the required insurance to CITY in the form
ofaCertificate ofInsurance oracopy oftheir policy Declarations page.
Section 6. Binding Authority
The individual submitting this bid must have binding authority to submit contracts on behalf of the
responding company.
Provide name and address of person who will execute the contract if awarded the proposal.
Firm Name:
Contact Penson Name: Michael Mailozzi
INVITATION TO BID
Vehicle Parts Installation
ITB-10-002-0-2018/LT
On file in Procurement Division
EXHIBIT D3
CONTRACTOR'S RESPONSIVE BID/PROPOSAL
On file in Procurement Division