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2012-12 CONTRACTOR AGREEMENT FOR AGRICULTURAL CHEMICALS (HERBICIDES, TURF, ORNAMENTALS, FERTILIZERS THIS AGREEMENT, made and entered into this )'_ day of 2012, A.D., by and between the City of Clermont 685 West Montrose Street, Clermon , Florida (hereinafter referred to as "CITY "), and HOWARD FERTILIZER & CHEMICAL CO., Inc. P.o. Box 62802, Orlando, FL 32862 (hereinafter referred to as "CONTRACTOR "). WHEREAS, CONTRACTOR in response to a public bid prepared and issued by Lake County, Florida submitted a response to provide Agricultural Chemicals; WHEREAS, based on CONTRACTOR's response, Lake County awarded Contract No. 11-0801E, Agricultural Chemicals; WHEREAS, CITY desires to utilize the CONTRACTOR's contract with Lake County in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of Lake County Contract No. 11-0801E. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all products and matenals as described in Lake County Contract No. 11 -0801 E, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. To the extent of a conflict between this Agreement and Exhibit "A ", the terms and conditions of this Agreement shall prevail and govern. ARTICLE II - THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a one (1) year term, unless terminated as provided for herein. Additionally, the parties agree that the term may be extended upon CITY "s sole option for periods of one (1) year, but such option to extend may only be utilized four (4) times unless authorized by the City Council for 1 additional extensions. 2. Notwithstanding any other provision of this Agreement, CITY may, upon wntten notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work only after receipt of an authonzed purchase order, and the CONTRACTOR will complete the same as set forth in the purchase order. ARTICLE IV - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for work performed during the preceding calendar month under the Agreement. ARTICLE V — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VI - NOTICES 2 All notices shall be in wnting and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Howard Fertilizer & Chemical Co., Inc. P.O. Box 62802 Orlando, FL 32862 CITY: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE VII — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 3 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. ARTICLE VIII - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order 3. All documents contained in Lake County Contract No. 11-0801E. IN WITNESS WI�EREOF, the parties hereto have executed this Agreement on this / day of (uaf y , 2012. C • Clermont App J' % =i~ r`".7 - d S.' ville, Jr., Mayo' Attest: Tracy Ackro • , City Clerk 1 • 4 ' 11, ` EXHIBIT A rirtit), LAKE COUNTY 1 1 0RII)A CONTRACT NO. 11-0801E For AGRICULTURAL CHEMICALS (Herbicides, Turf, Ornamentals, Fertilizers) Central Florida Purchasing Cooperative (Formerly SICOP) LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County ") does hereby accept, with noted modifications, if any, the Bid of Howard Fertilizer & Chemical Company Inc. (hereinafter "Contractor ") to supply Agricultural Chemicals to the County pursuant to County Proposal Number 11 -0801 (hereinafter "ITB "), - closing dated August 25, 2010 and Contractor's August 24, 2010 ITB response thereto with all County ITB provisions governing. Special Clauses: Public Records All electronic files, audio and /or video recordings, and all papers pertaining to any activity performed by the CONTRACTOR for or on behalf of the COUNTY shall 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's office or facility. The CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the project 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 number(s) to the COUNTY. Prohibition against Contingent Fees The CONTRACTOR warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that they have 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 Contract This Contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. This Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of this Contract 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 Contract. During the term of this Contract 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 Contract is conditioned upon the veracity of this statement of assurance A copy of the Contractor's signed Proposal is attached hereto and incorporated herein, thus making it a part of this 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 financial obligation shall accrue against the County until Contractor shall make delivery pursuant to order of the County Procurement Services Director Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Proof of Insurance to all participating entities (Certificate Holder) The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any Toss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable This Contract is effective from February 1.2011 through January 31, 2012 except the County reserves the right to terminate this Contract immediately for cause and /or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for four (4) one (1) year renewals at Lake County's sole option at the terms noted in the Proposal. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA By A, _ , ✓4 ✓.-..' - enior Contracting +fficer Date' /'"" i/— it Distribution' Original -Bid File Copy- Contractor Copy- CFC -NIGP "Earning Community Confidence through Excellence in Service" Office of Procurement Services 315 W. Main, Suite 416 P.O. Box 7800 Tavares, Florida 32778 -7800 Ph (352) 343 -9839 Fax (352) 343 -9473 EXHIBIT B LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1 1\ Iodifncauon No.. 2 2 Contract No.. 11 -0801E Effective Date: January 4, 2012 Effective Date. February 1, 2011 3 Contracting Officer. Roseann Johnson 3. Contractor Name and Address: Telephone Number. (352) 343 -9765 Howard Fertilizer & Chemical Co., Inc P O. Box 62802 4 Issued By Orlando, Florida 32862 Procurement Services Lake County Administration Budding Attn: Cheryl Balton 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 forrn to address shown m Block 4 within ten (10) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7 DESCRIPTION OF MODIFICATION Contract modification to reflect price increases to the following contract items. Please see attached: 8. Contractor's Signature NOT REQUIRED 9 Lake County, Florida Name: BY. �itJ Tide: Senior Contracts fficer Date: / � ,_ 0240 �� /Z-- /late 10. Distribution: Original - Bid No. 11 -0801E Copies - Contractor Contracting Officer PO B)\ 7800•+15 \\ \I \INS! - IAN/ARP) Fl 3277i•P;5' 3439839• 43 -)47; Boat,/ cd Cowa Commis tlout 11 • n u u /,rAe r Dian /l got ,INNIIIR 11111 STAN M PARKS, ucr,rr)p JIMMY (ONNIR LL\LIW (A\ll'IONF 1\1LIUN G (AD\ \'LlL Drsh1(11 1),i, rct 1)r,frrct 1 Drslrtc1 1 Dish nt 5 L H 0 W A R D fertilizer & chem I company, Inc. January 4, 2012 Amy Munday Lake County Florida Via email: AMundm (ilakecountyil.gov Dear Amy, This letter is in response to the extension of Contract No. 11-0801E for 2012. Due to cost changes on several of the products we will need to change pricing on these products. I have attached a listing of the products that require price changes. Some have increased and some have decreased. Also attached are updated prices on the fertilizer products. Please note that the fertilizer pricing can only be honored until 3/1/12 and will need to update at that time. This is due to increasing commodity prices and therefore we cannot hold pricing for an entire year on the fertilizer items. Let me know if there is any additional information that you need. Thank you for your time. Sincerely, Cheryl Barton Director, Sales & Marketing Lake County Contract # 11 -0801E Price changes 1/1/12 Item # Description Preferred Size Size Bid Product Name Bid Unit Price per Unit 5 Acephate Pro 97 5 Ib bag 10 Ib bag Acephate 97 Ib $ 6 50 18 Antifoam 1 pint quart Knockdown qt $ 13 50 26 Barricade 1 gal 1 gal Barricade gal $ 142 00 27 Barricade 30 gal 30 gal Barricade gal $ 118.75 33 Bifenthrins 7.9% 1 gal 1 gal Upstar Gold gal $ 27.22 41 Certainty 1 25 oz 1.25 oz Certainty oz $ 54 52 42 Chelated Iron 5% 2.5 gal 2 5 gal Gator Iron 5% gal $ 7.20 43 Chelated Iron 6% 2.5 gal 2 5 gal Gator Iron Plus gal $ 8.37 47 Chipco Fire Star 2 Ib 2 Ib Maxforce FAB Ib $ 8.31 49 Chipco TopChoice 50 Ib 50 Ib Chipco TopChoice Ib $ 2.75 76 Disarm 5 oz 16 oz Disarm oz $ 18.00 78 Dismiss 64 oz 64 oz Dismiss oz $ 7.88 79 Dismiss South pt pt Dismiss South pt $ 136.71 81 Dithane 75 DF RS 12 Ib 12 Ib Dithane 75 OF RS Ib $ 3.83 82 Dominion 2.5 gal 40 oz Criterion gal $ 76.70 92 Eagle 1 gal 1 gal Eagle gal $ 18100 93 Eagle 20 EW pint pint Eagle 20 EW pint $ 30.63 96 Ferrtmec AS 15- 0 -0 -FE 2.5 gal 2.5 gal Ferromec AC gal $ 10 75 104 Glyphosate 41% w /Surfactant 30 gal 30 gal Glyphosate Pro 4 gal $ 10 35 109 Heritage TL 1 gal 1 gal Heritage TL gal $ 502.00 110 Insignia 2.4 Ib 2.4 Ib Insignia Ib $ 159.60 112 Image Selective Heil:node 1143 oz 11.43 oz Image 70 OG oz $ 6 82 119 Liquid Activated Charcoal 2.5 gal 2.5 gal D -Tox gal $ 18 48 121 Mancozeb 121 Ib 4 Ib Penncozeb 75 T/O Ib $ 3.88 131 M -Pede 2 5 gal 2.5 gal M -Pede gal $ 24.43 134 Octane 8 oz 8 oz Octane oz $ 6 29 150 Pro V Provaunt 10 oz 10 oz Provaunt oz $ 5.06 166 Scythe 2.5 gal 2.5 gal Scythe gal $ 45 50 190 Surfactant Adjuvant 99% Active 1 gal 1 gal NA gal NA 191 Surfactant Adjuvant 99% Active 2.5 gal 2.5 gal 90:10 NIS gal $ 13 93 200 Trans xit 3 oz 5 oz Tranxd oz $ 67.83 205 Water conditioning acidifying agent 2.5 gal 2.5 gal Delux gal $ 13 80 I i 1 , I ‘1' E 1 9 i 1 Inir 1 I I r{ r1 14.' . • 1 ' �i •.•1 F � lis r Y' .T I ! 1 - = o _ 1 411111 I a� NI1II • , rJ B � 8 i 4 a i i 1 a ( i I i ' -'' ' I 1! e i .. ''.‘ - i 1 14 l 1 pro M M _ H o i 1 i l , gi :: , ig. 1. it . • 0 fq . • •1-c i c t i figIgl ' }fi p P! .. N A4 •$1 loll ti�n - ~ 1. 1 44 ' Q i � P ' c z Im tp& ig � ' o of r (4_. �. IMI ! b ► r M ( I + n41i • al 711Millnigiiiii cm;/ III Iii t 'd C L '°N " C°1398."2 ! 1!)"J P nACI H NUM NIN AllOZ 'E livr3I0 m CUle Jd1I - 1i le:U4 rii rloWdIU rel LI I IL 4u / oJO - vJi't 1 ' 1 . LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 11-0801E Effective Date: February 1, 2012 Effective Date: February 1, 2011 3. Contracting Officer: Roscann Johnson 5. Contractor Name and Address: Telephone Number. (352) 343 -9765 Howard Fertilizer & Chemical Co., Inc. P.O. Box 62802 4. Issued By Orlando, Florida 32862 Procurement Services Lake County Administration Building Attn: Cheryl Barton 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 after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) additional year expiring January 31, 2013. pi IV it/id‘ MD PfhaMeNs — Suliniimp fetWOCASy 8. Contractor's S ature RE UIRED 9. Lake County, Florida Name: d By: `76 d7f/ Title: hdoe e, -Ow tr iolx Senior Contras ' Officer Date: d'/9 • dl. Q - - cN ,20 o20 /Z. / ? ate 10. Distribution: Original - Bid No. 11 -0801E Copies - Contractor Contracting Officer P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352 343.9473 Board ofCounry'Commissioners • wtrw.lakecounryfl.gor JENNIFER HILL SEAN M. PARKS„ ttCP.QED JIMMY CONNER LESLIE CAM PION E \WELTON G. CADIVELL District 1 District 2 District 3 District 4 District 5 Howard Fertilizer & Chemical Co., Inc. By: / t 41J J,e .5et // Printed Name and Title Attest: ,4 orpora �e ecretary or 66 PrA9ti/40 (Name Printed or Typed) 5 EXHIBIT A ri 0 r i i i .)- - LAKE COUNTY r1. 0R1 )A CONTRACT NO. 11-0801E For AGRICULTURAL CHEMICALS (Herbicides, Turf, Ornamentals, Fertilizers) Central Florida Purchasing Cooperative (Formerly SICOP) LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County ") does hereby accept, with noted modifications, if any, the Bid of Howard Fertilizer & Chemical Company Inc. (hereinafter "Contractor ") to supply Agricultural Chemicals to the County pursuant to County Proposal Number 11 -0801 (hereinafter "ITB "), - closing dated August 25, 2010 and Contractor's August 24, 2010 ITB response thereto with all County ITB provisions governing. Special Clauses: Public Records All electronic files, audio and /or video recordings, and all papers pertaining to any activity performed by the CONTRACTOR for or on behalf of the COUNTY shall 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's office or facility. The CONTRACTOR shall maintain the files and papers for not Tess than three (3) complete calendar years after the project 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 number(s) to the COUNTY. Prohibition against Contingent Fees The CONTRACTOR warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that they have 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 Contract. This Contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. This Contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of this Contract 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 Contract. During the term of this Contract 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 Contract is conditioned upon the veracity of this statement of assurance. 2 A copy of the Contractor's signed Proposal is attached hereto and incorporated herein, thus making it a part of this 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 financial obligation shall accrue against the County until Contractor shall make delivery pursuant to order of the County Procurement Services Director. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Proof of Insurance to all participating entities (Certificate Holder) The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any Toss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from February 1, 2011 through January 31, 2012 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for four (4) one (1) year renewals at Lake County's sole option at the terms noted in the Proposal. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA By: enior Contractin fficer Date: /"' //— it Distribution: Original -Bid File Copy- Contractor Copy- CFC -NIGP "Earning Community Confidence through Excellence in Service" Office of Procurement Services 315 W. Main, Suite 416 P.O. Box 7800 Tavares, Florida 32778 -7800 Ph (352) 343-9839 Fax (352) 343 -9473 P GtN41/ LAKE COUNTY 11 U R I :1 INVITATION TO BID (ITB) AGRICULTURE CHEMICALS (Herbicides, Turf, Ornamentals, Fertilizers) Central Florida Purchasing Cooperative (Formerly SICOP) 1TB Number: 11 -0801 Cont racting Officer: Roseann Johnson Bid Due Date: August 25, 2010 Pre -Bid Conf. Date: Not applicable Bid Due Tine: 3:OOpin ITB Issue Date: July 23, 2010 TABLE OF CONTENTS SECTION 1 • Special Terms and Conditions Pages 2 -17 SECTION 2: Statement of Work Pages 18 -19 SECTION 3: General Terms and Conditions Pages 20 -23 SECTION 4• Pricing /Certifications/Signatures Pages 24 -27 SECTION 5. Attachments Pages 28 -39 SPECIFIC SOLICITATION REQUIREMENTS ARE AS NOTED BELOW: Proposal and/or Performance Bond. I Not applicable for this ITB Certificate of Competency/License. Not applicable for this ITB Indenmification /Jnsurance: See Section 1 8 Pre -Bid Conference/Walk -Thru• Not applicable for this 1TB At the date and time specified above, all bids that have been received in a timely manner will be opened, recorded, and accepted for consideration. The names of the bidders submitting bids will be read aloud and recorded. The bids will be available for inspection during normal business hours in the Office of Procurement Services within ten (10) working days after the official bid due date. When counter - signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the parties to all per•formtrnce specified her ein. Vendors shall complete and return the entirety of this ITB Document, and attach all other information requested in this ITB document (See Provision 1.13). Failure to sign the bid response, or to submit the bid response by the specified time and date, may be cause for rejection of the bid. NO- RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time, or, would like to be removed from Lake County's Vendor List, please mark the appropriate space, complete name below and return this page only. ❑ Not interested at this time, keep our fine on Lake County's Vendors List for future solicitations for this product / service ❑ Please remove our firm from Lake County's Vendor's List for this product / service r` VENDOR IDENTIFICATION �'/J Company Name: 44001A14) re�l!„12.E t alb Phone Number: 4101- ess,Jo E -mail Address: cloarfo @ ii t,(/ ,!(fj -, Contact Person: Nall_ Mlif)d 1 SECTION 1— SPECIAL TERMS AND CONDITIONS 1TB Number 11-0801 Section 1.1: Purpose The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids from qualified suppliers for providing aquatic herbicides, turf and ornamental products as well as fertilizers for the use of members of the Central Florida Purchasing Cooperative (formerly SICOP) hereinafter referred to as the "participating entities ", which elect to participate It is the intent of the Lake County Board of County Commissioneis, hereafter referred to as "County" to act as the lead agency on behalf of the "participating entities" for this ITB This is an indefinite quantity term contract with no guarantee services will be required. Neither the County nor any participating entity guarantee a minimum or maximum dollar amount (if any) to be expended on any contract(s) resulting from this Invitation to Bid. 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. Questions should be submitted no later than five (5) working days before the bid due date Roseann Johnson, CPM, CPPB, Senior Contracting Officer Lake County BCC Procurement Services office 315 W Main Street, Room 416 PO BOX 7800 Tavat es, FL 32778 -7800 Phone : 352.343.9839 Fax : 352.343.9473 E -mail: rjohnson@lakecountyll.gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Procurement Sei vices office. Section 1.3: Method of Award in the County's Best Interests 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, 01 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. This request may be awarded to multiple vendors. 2 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 11-0801 Section 1.4: Pre -Bid Conference / Site Visits Not applicable to this solicitation Section 1.5: Term of Contract — Twelve (12) Months This contact shall commence on the first calendar day 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 distributed 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 effect for twelve (12) months, and then the contract will remain in effect until completion of the expressed and /or implied warranty period. The contract prices iesnitant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. Section 1.6: Option to Renew for Tour (4) Additional One (1) Year Period(s) (With Price Adjustment) Prior to, or upon completion, of the initial term of this conh act, the County shall have the option to renew this contract for four (4) additional one (1) year period(s). Prior to completion of each exeicised 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 Labor Statistics (httpa / /www bls.gov), appropriate indexes. It is the vendor's responsibility to request in writing any pricing adjustment under this provision The vendor's wi ittcn request for adjustment should be submitted thirty (30) calendar days prior to expiration of the then current contract term. 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 received from the vendor, the County will assume that the vendor has agreed that the optional teen may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period shall not be considered. The County reserves the right to reject any written price adjushnents submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of 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 invoices to the County or participating entity after each individual purchase has been completed In addition to the general invoice requirements set forth below, the invoices 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 or participating entity at the time the items were delivered and accepted. Submittal of these periodic mvoices shall not exceed ten (10) calendar days from the delivery of the goods or services Under no circumstances shall the invoices be submitted to the County or participating entity in advance of the delivery and acceptance of the items. 3 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number 11-0801 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 oi services by the appropriate County or participating entity representative. Failure to submit invoices in the prescribed manner will delay payment, and the vendor may be considered in default of contract and its 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 Each 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 older or contract being executed by the County or participating entity.] An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County prior to contract execution and /or before any work begins The vendor shall provide and maintain at all times during the term of any contract, without cost or expense to the County or participating entity, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the County or participating entity, insuring the vendor 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 vendor under the teens and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the County or participating entity at the certificate holder address evidencing conformance with the contract requirements at all 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 Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without resh•ictive 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 Fire Damage $50,000 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 $1,000,000 4 SECTION I— SPECIAL TERMS AND CONDITIONS 1T13 Number 11-0801 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 Iaw requiring workers' compensation (Federal, maritime, etc) If not required by law to maintain workers compensation 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 compensation. Employers Liability insurance with the following nunimum limits and coverage: Each Accident $1,000,000 Disease -Each Employee $1,000,000 Disease- Policy Limit $1,000,000 Professional liability and /or specialty insurance (medical ntalpiactice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. The following additional coverage must be provided if a dollar value is inserted below Loss of Use at coverage value. $ Gaiage Keepers Liability at coverage value: $ — 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 on all applicable liability insurance policies. The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the County or participating entity of any change, cancellation, or nonrenewal of the pr ovided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. Certificates) of insurance shall identify the applicable solicitation (ITB /RFP /RFQ) number in the Description of Opeiations section of the Certificate. Certificate holder shall be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778 -7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County or participating entity, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County or participating entity 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 5 SECTION 1— SPECIAL TERMS AND CONDITIONS t7B Number 11 -0801 All self - insured retentions shall appear on the certificate(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. The County o1 participating entity shall be exempt from, and in no way liable for, any sums of money, Nvhich may repiesent 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 bleach of contract and may result in termination of the conliact foi default Neither approval by the County of any insurance supplied by the vendor or Subcontractor(s), nor a failure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein. Nate: '1 he selected venttor(s) shall prov ide a separate Certificate of lnaut;wee that complies with the requirement stated above to each participating entity citing that entity as a certificate holster. Section 1.9: Bonding Requirements Not applicable to this solicitation Section 1.10: Deliveries The vendor shall make deliveries within five (5) calendar days on orders for stock and within forty eight (48) hours on emergency orders. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); 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, the vendor shall notify the County or participating entity of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County or participating entity Should the vendor(s) to whole the contract(s) is awarded fail to deliver in the number of days stated above, the County reserves the right to cancel the contract on a default basis after any back order period that has been specified in this contract has lapsed. If the contract is so terminated, it is hereby understood and agteed that the County or participating entity has the authority to purchase the goods elsewhere and to charge the incumbent vendor with any re- procurement costs. If the vendor falls to honor these re- procurement costs, the County may terminate the contract for default. Certain County or participating entity employees may be authorized in writing to pick -up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. if the vendor is in doubt about any aspect of material pick -up, vendor shall contact the appropriate County or participating entity contact 6 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number 11-0801 listed in the Statement of Work to confirm the authorization Backordered goods still on backorder thirty (30) calendar days beyond the contract expiration date shall be considered canceled any subsequent deliveries shall be refused. Section 1.10.1: Shipping Terms The F.O.B. point for any product ordered as a result of this solicitation shall be F.O.B.: DESTINATION — INSIDE DELIVERY. The Title for each item will pass from the contractor to the County or participating entity only alter the County or participating entity receives AND accepts each item. Delivery will not be complete until the County or participating entity has accepted each item Delivery to a common carrier shall not constitute delivery to the County or participating entity. Any transportation dispute shall be between the contractor and the carrier. The County will not consider any bid or proposal showing a F.O.B. point other than F.O.B • Destination — inside Delivery. Section 1.10.2: Packing Slip /Delivery Ticket The vendor shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this solicitation. The packing slip shall be attached to the shipping canon(s) which contain the items and shall be made available to the County's or participating entity's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and backorder quantities and estimated delivery of backorders if applicable. Section 1.10.3: Delivery Times Specified The awarded vendor(s) shall only be authorized to deliver items per County and each participating entity instnictions. Each entity will coordinate with the awarded vendor(s) their delivery instructions after award of contract. Section 1.11: Acceptance of Goods or Services The product(s) delivered as a result of an award from this solicitation shall remain the property of the contractor, and services rendered under the contract will not be deemed complete, until a physical inspection and actual usage of the product(s) and /or service(s) is (are) accepted by the County or participating entity 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 solicitation and /or contract 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 the vendor, to include return of any non- compliant goods to the vendor at the vendor's expense, requiring the vendor to either provide a direct replacement for the item, or a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the 7 SECTION 1— SPECIAL TERMS AND CONDITIONS rrB Number 11 -0801 County or participating entity under this clause. The County or participating entity 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 or participating entity on the open market, and any increase in cost may be charged against the awarded contractor. Any cost incurred by the County or participating entity m any re- procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County or participating entity for any contract or financial obligation. Section 1.12: Warranty The vendor agrees that, unless expressly stated otherwise in the bid or proposal, the products furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the vendor 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 ally right afforded to the County or participating entity by any other provision of this solicitation. If any damage results to equipment and /or parts directly caused by a deficiency of any product, the vendor shall pay for the repair to the equipment and /or parts, provided the equipment was used under normal operating conditions and maintained according to the equipment manufacturer's recommendations The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose Section 1.13 Deliveries and Completion of Solicitation Response Section 1.13.1: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U.S. Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, DILL, private courier, etc.) will be opened for security and contamination inspection by the Lake 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 Procurement Services Office prior to the date and time established within the solicitation Allow sufficient time for 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 solicitation. if you plan on submitting your bid or proposal IN PERSON, please bring it to 8 SECTION 1— SPECIAL TERMS AND CONDITIONS 1T13 Number. 11 -0801 LAKE COUNTY PROCUREMENT SERVICES 315 W. MAIN STREET 4T1-1 FLOOR, ROOM 416 TAVARES, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778 -7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private couhier, please send it to: LAKE COUNTY PROCUREMENT SERVICES MAIL, RECEIVING CENTER 416 W. MAIN STREET TAVARES, FL 32778 Facsimile (fax) or electronic submissions (e -mail) will not be accepted. Section 1.13.2: Completion Requirements for Invitation to Bid Two (2) signed original bids and three (3) complete copies of the bid submitted by the vendor shall be sealed and delivered to the Office of Procurement Services no later than the official bid due date and time. Any bid received after this time will not be considered and will be returned unopened to the submitter. The County or participating entity is not liable or responsible for any costs incur7•ed by any Vendor 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 or participating entity and are agreeing to all of the tenons and conditions in this Invitation to Bid. Use only the form(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 ink or typewritten. If you make a correction or change on any document, the person signing the bid proposal must initial the change The bid shall be manually signed in BLUE INK by an official authorized to legally bind the Vendor to its provisions. COMPLETION OF BID PACKAGE. 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 bid 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 11- 0801." Do not indicate bid prices on 9 SECTION 1— SPECIAL TERMS AND CONDITIONS 1TB Number. I I -0801 literature. Specific Completion Directions. > Pricing shall be completed as directed within Section 4. > SUBMIT PRODUCT SPECIFICATION SHEETS WITH YOUR BID. > Initial and date in BLUE INK the appropriate space(s) for each addendum you received for this 1TB > Insert any prompt payment discount that you will offer. Note payment is NET 30 DAYS otherwise. > Complete all certifications included within Section 4 of the solicitation. > Complete the reference information sheets (include at least three references) contained within the solicitation. > Complete the vendor information, and sign the bid (iN BLUE INK) in the spaces provided in Section 4 of the solicitation. > If insurance is required, submit either a certificate of insurance, or evidence of insurability, that is in compliance with the stated insurance requirements Section 1.14: Additional Facilities Although this solicitation and resultant contract may identify facilities to be serviced, it is hereby agreed and understood that any County department or participating entity facility may be added to this contract with the permission of the County and awarded vendor When required by the pricing stricture of the contract, vendor(s) under this contract shall be invited to submit price quotes for these additional facilities, if these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional facility(s) shall be added to this contract by formal modification. The County may obtain price quotes for the additional facilities from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the County's discretion Section 1.15: 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 Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). Section 1.16: Deletion of Facilities Although this solicitation may identify facilities to be serviced, it is hereby agreed and understood that any County or participating entity may delete service foi any facility (ies) when such service is no longer required during the contract period, upon fourteen (14) calendar day's written notice to the vendor 10 SECTION 1— SPECIAL TERMS AND CONDITIONS i B Number 11 -0801 Section 1.17: "Equal" Product If a product or service requested by this ITB 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 bid or 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 vendor clearly indicates in its bid or proposal that it is proposing an alternate product, the bid or proposal shall be considered as offering the same brand name referenced in the specifications. If the vendor proposes to furnish an alternate product or service, the brand name of the product or service to be furnished shall be clearly identified. The evaluation of the bid or proposal and the determination as to acceptability of the alternate product 01 service shall 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 bid or proposal. To ensure that sufficient information is available, the vendor shall furnish as part of the bid or proposal all descriptive material necessary for the County to determine whether the product offered meets the salient characteristics required by the specifications. Section 1.18: Licenses, Permits and Fees The vendor shall obtain and pay for all licenses, permits and inspection fees required for this project and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and/or fines imposed on the County, participating entity or the vendor for failure to obtain required licenses, permits, inspection fees, or inspections shall be borne by the vendor. Section 1.19: Limited Contract Extension to Maintain Service Levels It is hereby agreed and understood that this contract may be extended for an additional thirty (30) day transitional period after the stated expiration date of the contract including any contract extensions exercised under the initially established option period terms of the contract. During this transitional period the vendor agrees to continue the same or a reduced level (if such reduction is mutually agreed to and appropriately documented) of service to the County or participating entity at the same prices while the new contract, also in force, is being mobilized. If the vendor is supplying equipment in conjunction with this contract, the vendor agrees to retain the equipment at the designated County or participating entity premise for an additional thirty (30) calendar days after the current expiration of the Contract; at which time the equipment shall be removed from the premises. The vendor shall be allowed to invoice the affected County or participating entity for this additional period on a pro -rated basis. 11 SECTION 1— SPECIAL TERMS AND CONDITIONS 1T13 Number. 11-0801 Section 1.20: Material Safety Data Sheet (MSDS) It is a vendor responsibility to ensure that the County or participating entity has received the latest version of any MSDS required by 29 CFR 1910.1200 with the first shipment of any hazardous material. Also, at any tine the content of an MSDS is revised, the vendor shall promptly provide a new .MSDS to the County or participating entity with the new information relevant to the specific material. Section 1.21: Omission from the Specifications The apparent silence of this specification and any addendum regarding any details, or the omission from the specification of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All rnterpietations of this specification shall be made upon the basis of this agreement. Section 1.22: Patents and Royalties A. The Vendor, without exception, shall indemnify and hold harmless the County or participating entity, its employees and officers fiom liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or urn- patented invention, process or article provided by the Vendor. The Vendor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the Vendor or is based solely and exclusively upon the County's alteration of the article. The County or participating entity will provide prompt written notification of a claim of copyright or patent infringement. B. Further, if such a claim is made or is pending, the vendor may, at its option and expense, procure for the County or participating entity the right to continue use of, replace or modify the article to render it non- infringing. (If none of the alternatives are reasonably available, the County or participating entity agrees to return the article on request to the vendor and receive full reimbursement of all monies paid to the vendor) If the vendor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid proposal price(s) include all royalties and/or costs arising from the use of such design, device or materials in any way involved in the work. C. The vendor will defend, at its own expense, any action brought against the County or participating entity 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 vendor will pay any costs and damages finally awarded against the County or participating entity in any such action, where they are attributable to any such claim, but such defense and payments are conditional on the following: • the vendor will be notified promptly in wrhng by the County or participating entity of any notice of such claim received by the County, and • the vendor will have the sole control of the defense of any action or such claims, and all negotiations for its settlement or compromise. 12 SECTION l— SPECIAL TERMS AND CONDITIONS lTB Number 11 - 0801 Section 1.23: Purchase of Other Items Not Listed Within this Solicitation Based on Price Quotes While the County has listed all major items within this solicitation which are utilized by County or participating entity in conjunction with their operations, there may be ancillary of similar items that must be puchased by the County or participating entity during the teen of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the ancillary items. If there aie multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these ancillary items to the primacy contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation Section 1.24: Rebates and Special Promotions All rebates and special promotions offered by a manufacturer during the teen of the contract shall be passed on by the vendor(s) to the County or participating entity. It shall be the responsibility of the vendor to notify the County of such rebates and /or special promotions during the contract period. Special promotions shall be offered by the vendor(s) to the County or participating entity provided that the new price charged for the item(s) is lower than would otherwise be available through the contract. It is understood that these special promotions may be of a limited duration. At the end of such promotion, the standard contract price shall prevail. Section 1.25: Shelf Life of Stock The vendor(s) shall supply the County or participating entity with fresh product only and shall insure that items with a limited shelf life are inspected and certified fresh by the vendor prior to shipment to the County or participating entity. Section 1.26: Stock Levels The vendor(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the County or participating entity of prompt delivery. If the delivery terms specified in the solicitation are not fulfilled by the vendor, the County or participating entity reserves the right to cancel the order, purchase the goods elsewhere, and charge the vendor for any re- procurement costs incurred by the County or participating entity. If the vendor fails to honor these re- procurement costs, the County may terminate the contract for default. Section 1.27: Substitution of Items The awarded vendor hall not change the brand bid without the prior written consent of the County. Items delivered not as specified shall be returned at no expense to the County or any participating entity. Substitute brands may be considered during the contract period for discontinued brands The awarded vendor shall not deliver any substitute item as a replacement to an awarded brand 13 SECTION 1— SPECIAL TERMS AND CONDITIONS (TB Number. 11 -0801 without written consent of the County prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitutes shall be considered only when necessary. Excessive substitution requests may be cause to cancel the contract. Section 1.28: Testing of Random Samples Samples of delivered items may be randomly selected and tested for compliance with the specifications contained within this solicitation and resultant contract. If it is found that the delivered commodities do not conform to these specifications, the county and participating entities shall requite replacement within a reasonable length of time. If that extended time frame is not met, the County may then elect to cancel the conk act for cause Section 1.29: Toxic Substances /Federal "Right To Know" Regulations The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) and the Florida "Right -to- Know" Law requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling pi actices and emergency procedures. It also requires notification to local fire departments of the Location and characteristics of all toxic substances regularly present in the workplace. Accordingly, the vendor(s) performing under this contract shall be required to provide two (2) complete sets of Material Safety Data Sheets to each facility utilizing the awarded products. This information should be provided at the time when the initial delivery is made, on a department -by- department basis. Additionally, vendor(s) may be requested to provide Material Safety Data Sheets to the County or participating entity during the evaluation period. Section 1.30: Troubleshooting The successful vendor shall, when requested, promptly provide, at no cost to the County or participating entity, qualified technical personnel at the job site to assist in solving any problems resulting fi om the use of the vendor's products. Section 1:31 Work References (Attachment A) A contact person shall be someone who has personal knowledge of the vendor's performance for the specific requirements listed. Do not list persons who will be unable to answer specific questions regarding the requirements in this ITB. Section 1:32 Alternate Sizes In the event the product manufacturer does not supply the exact size as stipulated on the bid sheet, the vendor may offer an alternate size. For example, if a 50 pound bag is not available, the vendor may substitute the product manufacturer's 60 pound bag on the bid sheet. Line out the 14 SECTION 1— SPECIAL TERMS AND CONDITIONS 1TB Number 11 unit of measure on the bid sheet and write in the offered size above the strike out. In such case, award may be made on a unit price basis; example, price per pound. Section 1:33 Recycled Content Vendors are encouraged to supply with their bid any information available regarding recycled material content in the products and /or the product packaging. The County or participating entity also requests any information regarding any known or potential material content in the products that may be extracted and recycled after the product has served its intended purposes. Section 1.34: Administrative Reports Consistent with the administrative needs of the County or participating entity, certain relevant data regarding purchases of goods and/or services under County contacts is to be gathered and maintained Accordingly, each vendor under this contract is to provide quarterly reports to the County as to the natue of the goods and /or services purchased from them by the County or participating entity during the preceding three months. The reports shall include the quantity, description and unit price(s) of the goods and /or services. The reports are to be submitted in writing to: Lake County Office of Procurement Services Attention: Roseann Johnson PO Box 7800 Tavares, F132778 -7800 The reports shall be submitted no later than fifteen (1 5) calendar days after the expiration of the third (3rd) month of each contract period. Failure to submit such reports in a timely manner may be considered a breach of •erfonnance and sub'ect to formal roceedin_ in that re_ard. Note: The County will diArihute these repor is to the pariicipatinl; t °ntitie . Section 1.35: Minimum Wages Under this contract, the wage rate paid to all laborers, mechanics and apprentices employed by the vendor for the work under the contract, shall not be less than the 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 Section 1.36: Background Screening (Applicable to School Board Deliveries Only) The vendor represents and warrants to the SCHOOL BOARD that the vendor has read and is familiar with Florida Statute Sections 1012.32, 1012.465, 1012.467, and 1012.468 regarding background investigations. Vendor covenants to comply with all requirements of the above -cited statutes and shall provide SCHOOL BOARD with proof of compliance upon request. Vendor agrees to indemnify and hold harmless the SCHOOL BOARD, its officers, agents and employees 15 SECTION 1— SPECIAL TERMS AND CONDITIONS !TB Number 11-0801 from any liability in the fora of physical injury, death, or property damage resulting from the vendor's failure to comply with the requirements of this paragraph or Florida Statute Sections 1012.32, 1012 465, 1012.467 and 1012.468. Section 1.37: Exceptions /Additions it shall be unacceptable for any vendor to make the statement "see specifications" in lieu of listing all exceptions /additions from the preceding specifications. Tt shall also be unacceptable for any vendor to submit manufacturer's literature in lieu of specifically noting all exceptions /additions from the preceding specifications. All exceptions /additions to our specifications shall be either handwritten of typed on an attached separate sheet and submitted with the initial bid response. Section 1:38 Product Recall In submitting this bid, vendor expressly assumes full responsibility for prompt notification on any product recall in accordance with applicable state and federal regulations. Section 1.39: "Equal" Product Cannot be Considered The agency products or "no substitute" products listed in this solicitation are the only products that will be accepted under this solicitation because these items are formally approved /authorized by the County Section 1.40: Key Contractor Personnel 111 submitting a proposal, the Proposer is representing that each person listed or referenced in the proposal shall be available to perform the services described for the Lake County Board of County Commissioners, barring illness, accident, or other unforeseeable events of a similar nature in which case the Proposer must be able to promptly provide a qualified replacement. in the event the Proposer wishes to substitute personnel, the Proposer shall propose a person with equal or higher qualifications and each replacement person is subject to prior written County approval In the event the requested substitute person is not satisfactory to the County and the matter cannot be resolved to the satisfaction of the County, the County reserves the right to cancel the contract foi cause Section 1.41: Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest shall be protected against damage or interrupted services at all times by the vendor during the term of this contract; and the vendor shall be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the vendor's operation on the property In the event the vendor fails to comply with these requirements, the County reserves the right to secure the required services and charge the costs of such services back to the vendor 16 SECTION 1— SPECIAL TERMS AND CONDITIONS 1TB Number 11-0801 Section 1.42: Soil Analysis Upon request, participating entities may require the awarded vendor(s) to test a soil sample to determine what product would be best applicable for its needs. The vendor shall provide this at no cost to the participating entities Section 1.43: Training Courses to be Provided The vendor shall provide training wh en required regarding the use of the products supplied by the vendor in conjunction with this solicitation. The vendor shall bear all costs of the required training. 17 SECTION 2— STATEMENT OF WORK 1T13 Humber, 11 -0801 SCOPE OF SERVICES General: The pwpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids from qualified suppliers for providing aquatic herbicides, turf and ornamental products as well as fertilizers for the use of membeis of the Central Florida Purchasing Cooperative, hereinafter referred to as the "Pin chasing Cooperative ", which elect to,paiticipate The Purchasing Cooperative's objective is to achieve cost savings by combining requirements into cooperative contracts, realizing savings through volume purchasing, lowering admimstiative costs and obtaining inci cased service levels from vendors. It is the intent of the Lake County I3oard of County Commissioners, hereafter referred to as "County to act as the Lead Agency on behalf of the "Purchasing Cooperative" for this 1T13. This is an indefinite quantity term contract with no guarantee services will be required. Neither the County nor any participating entity guarantee a minimum or maximum dollar amount (if any) to be expended on any contract(s) resulting from this Invitation to Bid. Note: Due to the current economic times and our next year budget processes presently being conducted, estimated quantities are not listed. Past history of contracts awarded for these products have been approximately $900,000.00 total per year. This is only an estimate with no guarantee; budget constraints may limit purchases overall. The Purchasing Cooperative consists of public and not for profit agencies m the following counties. Brevard County Flagler County Lake County Orange County Osceola County Marion County Polk County Seminole County Sumter County Volusia County Note: A list of participating entities will be provided to vendors upon award of contracts The awarded vendor(s) MUST notify the County when an entity not listed on the participating entity list wishes to utilize the contract(s). No bid shall be considered unless all participating entities are contemplated by the vendor An award will be made by the County and each organization collectively. The County shall not be held liable for any costs, damages, or fees, incurred by any entity should they enter into a contract derived from this 1TB. Each participating Agency of the Purchasing 18 SECTION 2— STATEMENT OF WORK 1T13 Number 11-0801 Cooperative may award individual contracts based upon the award of this ITB. The County has the sole authority to modify the contract. All sales derived from the award of this request shall be made in accordance with the prices, terms, and conditions of this bid request. Each participating entity will issue its individual order by phone, fax, entity purchasing card, purchase order or contiact throughout the contract period as said needs are determined. Each entity will schedule and expedite its own orders and will be billed separately. Each participating entity will receive, inspect, and test bid goods on an individual basis and when non- conforming shipments occur, each entity will seek their own remedy with the contractor. The successful vendor shall notify the ordering agency of any discrepancies prior to shipment or prior to providing the services requested in the order. No price changes, freight charges, administrative fees or other alterations of bid prices will be allowed after acceptance of the Cooper ative Agency's Purchase Order Bach participating Agency shall negotiate freight terms for returned commodities and shall be exempt from restocking charges. Specifics: All items bid shall be identified by brand name and /or product number, or must read "as specified" Failure to comply may result in disqualification of bid submittal. Price sheets define specific products. Vendors bidding on generic or equal products shall submit the manufacturers label on the product being bid. Vendors shall bid on the preferred size or as close to the preferred size as is available. Vendors shall bid the unit price as specified (per pound, gallon, ounce, etc.). The successful vendor if requested by any participating entity shall promptly provide, at no cost to the participating entities, qualified technical personnel at a job site to assist solving any problems resulting from using the vendor(s) products. This service shall be provided at no cost by the vendor Fertilizers shall be a turf and ornamental grade. All fertilizers bid shall have a copy of the mix or batch sheet submitted with the vendor's solicitation response. Vendors wishing to add additional product(s) not listed m the generic form or as an equal product may attach a separate sheet of paper listing that product(s) and attaching the product label Use this method ONLY if this is a new product or not listed within the bidding sheets. 19 SECTION 3 - GENERAL, TERMS AND CONDITIONS 1TB Number 11 -0801 3.1 DEFINITIONS not be awtuded or perfonn as a contractor, supplier, subcontractor, Addenda: A written change to a sohcrtalion or consultant under a contract with any public entity, and may not Bid: shall refer to any of s) submitted in response to this transact business with nny public entity in excess of the tlueshold Bht itntion to Bid. amount ptovrded in Section 287 017 of the Fiona Statutes, for Shall refer to nnyone subn o bid m response to nn CATEGORY TWO for n period of 36 months from the date of Bidder: Shall 8 P being placed on the convicted sender list, Invitation to 111d. C. Request for Additional Information Contract The agreement to perform the services set firth in this Any communication or inquiries, except for clanlicntion of process solicitation, 1 he eonttaet will be compnscd of the suhcttnttnn or proceduie already contained in the solicitation, are to be made in doctunent signed by both parties with nny addenda and other wasting to the attention of the procurement representative identified attachments speciftcalIy incorporated, in the solicitation no later than five (5) working days poor to the Contractor: The vendor to which aw +ant has been made hid due date, Such inquiries shall contain the requester's name, County: Shall titer to Lake County, Florida. address, and telephone nwnber if Imnantted by facsimile, the Invitation to Bid (ITH): Shall mean this solienntion document, request should also include a cover sheet pith the !militia's including any and all addenda An 1113 contains wall- defirxJ facsimile number. tens, conditions, taxi specitentaonc, and is awarded to the lowest The Office of Procurement Services may issue an addendtmt m pnccd responsis c and responsible bidder response to any inquiry risen ed, prior to bid opening, which Modification: A written change to a contract changes, adds to, or ehuifres the terms, provisions, or requirements Responsible' Refers to n bidder that tins the capacity and of the solicitation The bidder should not rely on any capability to perform the ++irk required wider an Invitation to Bid, representation, statement or explanation wliethez written or verbal, and is otherwise eligible for mold. other than those ninth: in this solicitation doctunent or m any Responsh e: Refers to a bidder that has taken no exception or addenda issued Whoa Otero appears to be a conflict between this deviation from the terms, conditions, and specifications set firth m solicitation and any addenda, the last addendum issued shall an Invitation toBid, pies ail It is the bidder's responsibility 10 ensure ieeeipt of all Solicitation The +mien document requesting either bids or addenda and any necompanying documentation The bidder is proposals from the inrketplace. regwicd to submit with its bid i signed "Acknowledgment of Vendor: A general reference to any entity lie - spending to this Addenda" form when nny addenda have been issued Falwe to sohcilntion or performing wider any resulting contract acknowledge each addendum may present the bid from being considered for award The County has established for purposes of this Invitation 10 13x1 D. Contents of Sullrltatlon and Bidders' Responsibilities (11 iI) that the words "shall", "must ", m "will" we equivalent in It is the responsibility of the bidder to become thoroughly familiar this 1T13 and indicate n mandatory requirement or condition, the with the requirements, Icons, and conditions of this solicitation, material deviation from which shall not he waived by the County. fleas of ignorance of These masters by the bidder will not be A deviation is mntenal if, in the County's sole discretion, the accepted as a basis fro varying the requirements of One County or deficient I espouse is not m substantial accord with tlus Il'13's the amount to be paid to the vendor. mandatory requucnicnls The wards •'should" or "may" arc E. Restricted Discussions equivalent in this 1113 and indicate very desirable conditions or Dorn the date of issuance of this solicitation until final County requnenients,1)111 me permissive to nature action. vendors should DS~I discuss the solicitation or any pan thereof with any employee, agent, or any other representative of 3.2 INSTRUCTIONS TO BIDDERS the County except as cvpressly authonied by the designated A. Bidder Qualification preeminent representative The only communications that shall be It is the policy of the County to encourngc full and open considered pertinent to this soliertntion are appropnately signed competition among all available muddied vendors, All vendors written documents from the vendor to the designated procurement regularly engaged in the type of work specified m the solicitation representative and any relevant written document promulgated by are encouraged to submit bids. Vendors may enroll with the the designated procurement representative, County to he included on a innihng list for selected categories of F. Change or Withdraw al of Blds goods and ser'rces To be recommended for award the County Changes to Bid - Prior to bid opening, a bidder may change ils bid requires that vendors provide evidence of compliance with the by submitting a new bid as specified in the solicitation with a letter requirements below upon request' on the fin's letterhead. signed by no authonzed agent Muting that 1 Disclosure of Employment the new submittal replaces the engine! submittal The new 2. Disclosure of Ownership submittal shall contain the leper and all information as required for 3. Drug -Free Workplace submitting the onginol bid No changes to a bid will be accepted 4. W -9 and 8109 Forms — The vendor mist furnish these fonts alter the bid due date upon request as required by the lnlemal Revenue Service. Withdrawal of Bid - A bid inay be withdrawn, either physically or 5. Social Security Ntunber —The vendor must provide u copy of by written notice, at any time prior to the bid due date If the plummy ovwncr's social security crud if the social security withdrawn by written notice, that notice muss be addressed to, and nwnber is being used m heu of the rcderal identification received by, the designated procurement representative prior to the Number (F.E.I.N) bid due date and tune. A bid may also be withdrawn after • 6. Amencans with Disabilities Act (A D.A.) expiration of the specified bid acceptance penod, and prior to 7. Conflict of Interest award, by submitting a letter to the designted procurement 8. Debarment Disclosure Affidavit representative 'I he withdrawn) letter must be on company 9. Nondiscrinunation letterhead and signed by an authonzed agent of the bidder. 10. Finily Leave G. Conflicts within the Solicitation 11 Antitrust Laws — By uceclrumnce of any contract, the vendor Where there appears to be a conflict between the General Terns agrees to comply with all applicable antitrust laws and Conditions, Special Conditions, the Technical Specifications, B Public Entity Crimes the Pacing Section, or any addendwn issued, die order of Pursuant to Section 287 133(2)(8) of the Florida Statutes, a person precedence shall be the lost addendum issued, the Bid Price or affiliate who has been placed on the convicted vendor list Section, the Technical Specifications, the Special Conditions, and following a conviction for n public entity crime mny not submit a bid on a contract to provide any goods or sin ices to a public then the General Teats and Conditions, 11 is incumbent upon the entity, may not submit a bid on a contract with a public entity for vendor to identify such conflicts to the designated procurement the construction or repair of a public building or public work, may representative prior to the bid or proposal response date not submit bids on leases of real property to a public entity, may 20 SECTION 3 — GENERAL TERMS AND CONDITIONS IT8 Number 11-0801 H. Prompt Payment Terms It is the policy of the County that payment for all purchases by F. The bidder's petlbniance as a prime contractor or County agt.ncies shall be made in a timely manner and that interest subcontractor on previous County contracts shall be taken payments will be made on late payments in accordance with Part into account m evaluating the responsibihty of a bidder that VIi, Chapter 218, Honda Statutes, known as the Flonda Prompt submitted o bid under this solicitation. Payment Act the bidder may offer cash discounts for prompt G. The Director of Procurement Services will decide all tic bids payments, hove cr, such discounts will not be considered in in cousnnanee with cunemt written procedure m ttuit regard. detehmining the lowest pncc throng bill cwaluation Bidders arc rcqueslcd to provide piompl payment lemis in the space provided 3.6 CONTRACT EXTENSION on the signature page of the solicitation The County has the unilateral option to extend n contract for up to ninety (9D) calendar days beyond the current contract period In 3.3 PREPARATION OF BIDS such event, the Comity will notify thewendor(s) in writing of such A. 'the 13i.1 Pricing Section of this soheitation defines the goods extensions The contract may be extended beyond the initial or services to he purchnsed, and must be completed and inanely (91)) day extension upon mutual agreement between the sutmuticd with the bid. Use of nny otter foe or alteration of County and the vendot(s) Exercise of the above options termites the fotm may i esuh in the reje ion of the hid the prior approval of the Director of Procurement Services B. The hid submitted must be legible, and completed using typewriter, computer or ink Any entry change must be 3.7 WARRANTY crossed out and initialed in ink. Fnmkue to comply with these All warranties express and implied, shall be made available to the requirements may cause the bid to be rejected. County for goods and services cowered by this solicitation All C. An nnthon?ed agent of the biddca's Jinn must sign the but goods furnished shall be fully guaranteed by the vendor against FAILURE TO SIGN THE BID MAY RENDER THE factory defects and workmanship Al no expense to the County, BID NON-RESPONSIVE the vendor shall correct any and all apparent and Intent defects that D. The bidder any be considered iron - responsive if bids are tn.q occur within the uhantacturcn's standard %s .aunty pcnod conditioned to modifications, changes, or revisions to the The special conditions of the solicitation may supersede the twins and conditions of this solicitation. mnnufuelwcr's st.ind.0 l watmnty. 1:. The bidder may submit alternate hid(s) for the same solncitution provided that such offer is ellawahk wider the 3.8 ESTIMATED QUANTITIES terms rind conditions, the ultemnte bid must rnect or exceed Estunatcd quantities or dollars are for bidder's guidance only No the minimum requirements and be submitted his n separate bid gum is expressed or implied as to quantities or dollar value milked "Ahcinute Bid". that will be used during the contract period The Comity is nut F. When there is a discrepancy between the unit pnces end any obligated to place any order for a given amount subsequent to the extended places, the out pnces will prevail award of this solicitation The County may use any stated G. Any bid received after the stipulated bid due date and tune estimated quantities in the award evalwtuon process. Esunatel Through no foul of the County will be considered late, and qunnlities do not contemplate or include possible additional except under the most exceptional circumstances, not be qumnities that inny be ordered by other government, quasi - considered for award. governmental or non - profit cooties utilising this contract In no event shall the County be liable for payments m excess of the 3.4 CANCELLATION OF SOLICITATION amount duo for quantities of goods or services actually ordered. lithe County reserves the nght to cancel, in whole or in part, any Invitation to Bid when it is m the best interest of the County 3.9 NON - EXCLUSIVITY 11 is the intent of the County to enter into an agreement tint will 3.5 AWARD satisfy its needs as descnbcd within this solicitation However, the A. Award may be =de to the lowest priced responsive and County reserves the right as deemed m its best interest to perform, responsible bidder. The Courtly reserves the nght to reject or cause to be performed, the work and services, or any portion any and all bids, to waive non - maternal irregularities or thereof, herein described in any manner it sees fit In no case will technicalities and to re- advertise for all or any pan of this the County be liable for billings in excess of the quantity of goods solicitation as deemed in its best interest. Tithe County shall or seances actually provided wider this contract be the sole judge of its best interest. B. When there are multiple lane iprons in a sohcitauon, the 3.10 CONTINUATION OP WORK County reserves the nght to award on an mdwidual item Any mirk tap commences pnor to and will extend beyond the basis, any combination of items, total low bid or in expiration date of the current contract pcnod shall, unless whichever manner deemed in the best interest ol'the County terminated by mutual written agreement between the County and This provision specifically supersedes any method of award the vendor, continuo until completion without chnngc to the then cnicna stated in the solicitation when such action is clearly current prices, terns and conditions. necessary to protect the best interests of the County. C. The County reserves the right to reject any and all bids if at is 3.11 PROTEST OF AWARD detcnnmed that prices are excessive or determined to be A vendor wishing to protest any nward decision resulting from this unreasonable, or it is otherwise dctcmmed to be in We solicitation shall do so as set faith in the County's Purchasing County's bt,sl intt.iest to du su. Procedure Manual. 11 is incumbent upon the vendor to be aware of I). The County reserves the nght to negotiate pnces with the low the posting of any associated award recommendation. Any protest bidder, provided thnt the scope of work is not amended teemed after the actual contract award dote may be rejected. E. Award of this solicitation will only be made to limns that satisfy all necessary legal requirements to do bosoms with 3.12 RULES, REGULATIONS AND LICENSES the County The County may conduct a pre -award inspection The vendor shall comply with all federal, sate, and local laws and of the bidder's site or hold a plc -award qualification hcanng regulations applicable to provision of the goals and/or services to determine the responsibility and capacity of the bidder to specified in this solicitation perform the requirements of tits solicitation Award of the contmct rcsulling from this solicitation may he predicated on 3.13 SUBCONTRACTING compliance with and subnnttnl of all required documents as Unless otherwise specified in this solicitation, the vendor shall not stipulated in the solicitation subconttnct any portion of tie work without the prior written 21 SECTION 3 - GENERAL TERMS AND CONDITIONS 1713 Number 11 -0801 consent of the County 1 he ability to subcontract rimy be further 3.20 TERMINATION FOR CONVENIENCE limited by the Special Conditions Subcontmctmg without the The County, M its sole discretion, reserves the nght to terminate prior consent of the County may result in termination of the this conlmct upon thirty (30) days +written notice Upon receipt of contract for default such notice. the vender sluill not meur any ndditionnl costs under this contract. The County shall be hnblc only for reasonable costs 3.14 ASSIGNMENT incurred by the %endor pnor to notice of termination The County lime vendor stroll not assign or transfer any contract resulting from shall he dm sole judge. of "reasonable costs " this solicitation, including any rights, title or interest therein, or its power to execute such contract to nny person, company or 3.21 TERMINATION DUE TO UNAVAILABILITY OF corporation without the prior ++nuen consent of the County FUNDING IN SUCCEEDING FISCAL YEARS When fields are not appropriated or otherwise made nvnil.ible to 3.15 DELIVERY support continuation of peifonnanee m n subsequent fiscal year, Unless other specified in the sohertnhon, pnees quoted shall to contract shall be canceled rail the w endor shall be reimbursed be F.0 13 Destination Freight shrill be included in the bid price for the reasonable value of any non - recurring costs incurred omortvcd in the pnce of the supplies or sr: mces/tasks delivered 3.16 RESPONSIBILITIES AS EMPLOYER under the contract. The emplosee(s) of the vendor shall be considered to be at all limes tls employce(s), and not an employee(s) or agent(s) of the 3.22 TERMINATION FOR DEFAULT Comity or nay of its depnnments lime contractor shall provide ile County reserves the nght to terminate this contract. In part or employee(s) upuhle of performing the work as required, The w who1e, or place the vendor on probation in the !went the endor County may requite the contractor to uemuvc any employee it fails to perfonn in accordance with the tenns and conditions stated deems unnceeptablc All employees of the contractor may be herein, The County further reserves the right to suspend or debar required to near appropriate identification, the vendor in accordance with the appropnntc County ordinances, resolutions and/or ndmmrstmli%e orders The vendor will lit; 3.17 INDEMNIFICATION notified by letter of the Comity's intent to terminate. in the event To the extent permitted by low, the vendor shall indemnify and of termination for default, the Comity may procure the required hold harmless the County and its officers, employees, agents and goods and/or services from any source and use. any method deemed instrumentalities from any and all liability, losses or damages, in its best interest. All re- procurement cost shall be bonne by the including attorney's Ices and costs ol'delcnsc, ninth the County or +endor its officers, employees, agents or instrumentalities may Incur as n result of claims, demands, suits, causes of actions or proceedings 3.23 FRAUD AND MISREPRESENTATION of any kind or nature arising oat of, relating to or resulting from Any individual, corporation or other entity that attempts ID meet its the pei fommance of the agreement by the vendor or its employers, contactual obligations with the County through fraud, agents, servants, partners, principals or subcontractors. The vendor misrepresentation or material rmsstntement, may be debarred for shall pay all claims and losses in connection therewith, and shall up to five (5) years. The County as a fitter sanction may investigate and defend all claims, suits or aetions of any kind or terminate or cancel any ocher contracts with welt aidividu:J, nature in the name of the County, where applicable, including corpwntion or entity with such endor held responsible for all appellate proceedings, wad shall pay all costs. judgments, and direct or indirect costs associnted with termination or cwiecllntion, attorney's lees ++hick may be inclined thereon, The vendor including attomoy's tees expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the vendor 3.24 RIGHT '1'0 AUDIT shrill in no way limit the responsibility to indemnify, keep and save The County reserves the tig 1 to require the vendor to submit to an harmless mul defend the County or its ollicers, employees, agents audit by any auditor of the County's choosing The Contractor and instmmnentalhies as herein provided shall provide nccess to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular 318 COLLUSION business hours The vendor shall retain all records pertaining to Where two (2) or more related parties, as defiled herein, ouch This Agreement and upon request make dean available to the submit n hid for the same ewntmct, such bids shall he presumed to County for three (3) years following expiration of the Agreement be collusive. The foregoing presumption may be rebutted by the Tho vendor agrees to provide such assistance as may be necessary presentation of evidence as to the extent of ownership, control and to facilitate the review or audit by the County to ensure compliance management of such relined parties in preparation and suhtnittnl of with applicable necountuig and financial standards. such bids Related panics shall rnean bidder or rho principals thereof which have direct or indirect ownerslup interest in 3.25 PROPRIETARY /CONFIDENTIAL INFORMATION another kidder for the same contract or in ►+itch a parent company Bidders arc hereby notified that all information submitted as pan or the pnncipals hereof of one bidder have a direct or indirect of, or in support of bid submittals will be available for public ownership interest in another bidder for the same contract. inspection after opening of bids in compliance with Chapter 119 of Furthermore, any prior understanding, agreement, or connection the Florida Statutes (the 'Public Recoid Act. "), The bidder should between two (2) or more corporations, fimis, or persons submitting not submit any information in response to this solicitation w n bid for the same inaterials, supplies, services, or equipment shall the bidder considers proprietary or confidential lime submission of also be presumed to be collusive Rids found to be collusive shall any infonnnhon to the County in connection min this solicitation be rejected. Bidders which have been found to have engaged in shall be deemed conclusively to be a waiver of nny protection from collusion miry be considered non - responsible, and may be release of the submitted information unless such information is suspended or debarred, and any contract resulting from collusive exempt or confidential under the Public Records Act bidding may he terminated for default. 3.26 CONTRACTING WITH COUNTY EMPLOYEES 3.19 MODIFICATION OF CONTRACT Any County employee or member of his or her immediate family Any contract resulting from this solicitation may be modified by seeking to contract with the County shall seek a conflict of interest mutual consent of duly aut owed parties, in writing through the opinion from the procurement representative designated herein issuance of a modification to the contract and/or purchase order as prior to submittal of a response or application of any typo to appropriate, This presumes the modification itself ms in compliance contract with the County The affected employee shall disclose the with all applieable County procedures employee's assigned function within the County and Interest or the 22 SECTION 3 — GENERAL TERMS AND CONDITIONS iTD Nwnber 11 -0801 interest of his or her immediate family in the proposed contract and of the parties My such came will extend the performance of the the nature of the intended coinract delayed obligation to the extent of the delay so incurred. 3.27 INCURRED EXPENSES 3.33 OTHER AGENCIES This 11'3 does not commit the County to rnokc an award nor shell With the consent of the vendor. other agencies may make the County be responsible for any cost or expense which may be purclntses m occordnucc wIth the contract. Such purchases shall be incurred by any bidder 111 pnprwig and submitting a bid, or any governed by the scone Icons and conditions as stated herein with cost or expense Incurred by any bidder prior to the execution of a the exception of the change in agency nnille purchase order or contract agreement By submitting n bid, the bidder Ow agrees that die County bears nu responsibility for any 3.34 NO CLAIM FOR DAMAGES costs of the bidder associated with any ndnnnistrative or judicial No claim for damages or any claim other than for an extension of proceedings resulting from Ihiti solicitation process time shall be remote or asserted against the County because of env delays No interruption, interim ence, inefficiency, suspension, or 3.28 COUNTY IS TAX - EXEMPT delay in the commencement or progress of the Work slmll relieve line County is generally exempt from Federal l *cise faxes niul till the vendor of duty to perform, urn give rise to any right In damages State of Flonda sales and use nixes 1)o not ini,Iudc nny tax on any or additional compensation from the County. The vendor's sole item or seeks The County will sign an exemption certificate if remedy shall be the right to seek an a\tensmn to the contract time submitted by the contractor. Contractors doing business %+ill' the llowever, this provision shall not preclude recovery of damages by County are at) exempt from paying sales Inx to tlutr suppliers for the vendor for hindrances or delay s due solely to fraud, bad faith, materials to fulfill contractual obligations with the County, nor or active interference on the part of the County shall any contractor be authorved to use any of the County's Tax Exemptions in securing smell materiels. 3.35 TRUTH IN NEGOTIATION CERTIFICATE For R11 Iump -sum or cost-plus fixed fec agreements acceding 3.29 GOVERNING LAWS 5150,000, the firm mauled the agreement must execute a truth in The interpretation, Neu, and validity of any contmct(s) resulting negotiation cet tificule slating that the wuge rotes and other factual front this 1113 shall be governed by the low, and regulations of the mud costs are accurate, complete and current, nt the time of State of Honda, and lake County. Honda Venue of any court contracting. Any agreement requinng This certificate shall contain action shall be in lake County, Florida, In the event tint n sun Is a provision mud the onginul agreement price and any additions brought for the enforcement of any teat of the contract, or any shell be adjusted to exclude any significant stuns by which the right arising there from, the parties expr ssly w;uvo tieir respective owner detemunes the agreement pose was increased due to tights to have such action tried by jury trial and hereby consent to inaccurate, incomplete, or non - current wage mtcs and alai rutted the use of nun -jury Ina] for the adjudication of such ail, unit costs. All such agreement adjustments shall be made within one (1) year following the end of the contract Execution of this 3.30 STATE REGISTRATION REQUIREMENTS Agreement constitutes execution of the Trutt in Negotiation Any corporation submitting a bid in response to this 1113 stall Certificate. either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 3.36 GRANT FUNDING 607, Honda Statutes A copy of the registration/ application may In the event any part of the contra,t is to be funded by federal, be required prior to award of n contract. Any partnership stale, or other local agency monies, the vendor hereby agrees to submitting a bid in response to this ITT3 shill love complied wills comply with all requirements of the funding entity applicable to the applicable provisions of Chapter 620, Florida Statutes For the use of the rnomes, including full application of requirements additional information on these requirements, please contact the involving the use of minority forms, women's business enterprises, Honda Secretary of State's Office, Division of Corporations, and labor surplus area firm Vendors are advised that payments 800 755 5111 (111{1+ /fwwww dos suite 11 us) under the contract may be wstiheld pending completion and submission of all required forms and documents required of the 3.31 PRIME CONTRACTOR vendor pwsulmt to the grant funding requirements A copy of the The vendor warded the contract shall act as the pi one contractor requirements shall be supplied to the vendor by tie County upon for all required items and services and shall assume full request. responsibility for the procurement and maintenance of such items or services The vendor shall be considered the sole point of contact %nth regard to all stipulations, including payment of all charges and meeting all requirements of thus ITB All subcontractors will be subject to advance review by the County in regards to competency and security concerns. Alter the award of the contract no change in subcontractors will be made without the consent of the County The vendor shall be responsible for all insurance, permits, licenses, and related matters for any and all subcontrnetors. Even if the subcontractor is self- insured, the County may require the contractor to provide any insurance certificates required by the work to he performed. 3.32 FORCE MAJEURE The panes will exercise every reasonable effort to ancet their respective obligations hereunder, but shall not be liable for delays resulting from force majcurc or other causes beyond their reasonable control, including, but not Imputed to, compliance with any Government law or regulation, nets of nature, nets or omissions of the other party, GO% enment nets or omissions, fires, strikes, national disasters, wars, riots, transportation problems end /or any other cause whatsoever beyond the reasonable control 23 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 11-0801 ITB TITLE: AGRICULTURAL CHEMICALS (Herbicides, Turf, Ornamental, Fertilizers) NOTES: • Lake County is exempt from all taxes (Federal, State, Local). Pricing should be less all taxes. A Tax Exemption Certificate will be furnished upon request. • The vendor shall not alter or amend any of the information (including, but not limited to statcd units of measure, item description, or quantity) stated in the Pricing Section. If any quantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Estimated Quantities" clause contained in Section 3 of this solicitation. • Each price offered in your bid shall be a firm -fixed price, exclusive of any tax. Any bid containing a modifying or "escalator" clause not specifically allowed for under the solicitation will not be considered. • All pricing shall be FOB Destination unless otherwise specified in this solicitation document. • All pricing submitted shall remain valid for a 90 day period. By signing and submitting a response to this solicitation, the vendor has specifically agreed to this condition. • Vendors arc advised to visit our website at httn: /hwww.lakeeountvtl.gov and register as a potential vendor. Vendors that have registered on -line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: Complete Part I or Part II, whichever applies Part I: The bidder must list below the dates of issue for each addendum received in connection with this ITB: Addendum #1, Dated: Addendum #2, Dated: Addendum #3, Dated: Addendum #4, Dated: Part II: apty/ No Addendum was received in connection with this ITB 24 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES 1TB Number 11 PRICING SECTION AGRICULTURE CHEMICALS (Herbicides, Turf, Ornamentals, Fertilizers) ALL PRICES ON THE 131D SHEET SHALL BE FIGURED AS STATED IN THE DETAILED SPECIFICATIONS I SHIP TO ADDRESS: INVOICE TO As required on each order As required on each order 2. Name and telephone of per son to contact for emergency service: Name: ,) fr- A i[b d Telephone /Cell /Pager/Number. 32-I - 32-g8 3 Disaster assistance: Name: MI ice 611 iILS Home Telephone /Cell /Beeper Numbers: L/07' '{(4 — ,?-9 40 4. Exceptions /Additions to specifications: Yes* No K * If yes, attach sheet detailing same. 5. Will your firm accept an E- Payable form of payment? Yes X No If E Payable would be acceptable please note a contact person/tcleplionc number to set up payment information. pp G I40kk1 407- ASS -1 I 6. Calendar days required to continence contract: 0 days 7 Are your products packaged and/or shipped in material containing recycled content Yes N X 8. Minimum order (If Any) 4 SOO 644 MU,,5 / 1 Tbv Pan 1.I2.61e 9. Handling fee if less than minimum order A uu flt, ri..07 c.-ift e.oST Note: It shall be unacceptable for any bidder to make the statement Asee specifications= in lieu of listing all exceptions/additions fiom the preceding specifications. It shall also be unacceptable for any bidder to submit manufacturer =s literature in lieu of the above. All exceptions /additions to our specifications shall be either handwritten or typed on an attached separate sheet. 25 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number. 11-0801 BID SHEET Agricultural Chemicals This is an indefinite quantity term contract with no guarantee services will be required. Neither the County nor any participating entity guarantee a minimum or maximum dollar amount (if any) to be expended on any contract(s) resulting from this 'Invitation to I3id. Prices shall be quoted pet unit price in the packing sizes available. Actual quantities are unknown at this time. Poi bidding purposes we are estimating~ this contract value at 5900,000.00 annually. Price sheet is a separate attachment (Attachment 2). 26 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITI3 Number 11-0801 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requirements (as an entity) to do business with the County • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. • The bidder hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s) and/or other transactions required by award of this solicitation Certification Regarding Acceptance of County Electronic Payable Process Vendor will accept payment using the County's VISA- based electionic payment system ►_ Yes ❑ No Purchasing Agreements with Other Government Agencies this section is optional and will not affect contract award. If Lake County awaided you the proposed contract, %v you sell under the same terms and conditions, for the same price, to othei governmental agencies in the State of Florida? Each governmental agency de to accept to utilize this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it. N'Yes ❑ No (Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? ❑ Yes g No (Check one) Conflict of Interest Disclosure Certification Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project, and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. DUNS Number (Insert if this action involves a fedeial funded project) General Vendor Information and Proposal Signature: Firm Name: N MM 41(-4 Te)(, ( 1/ 1 (,9 ilU Street Address: Q301. S. 0L■4i6 01,641-0r) EL 37401 Mailing Address (if different). Pe) (3010 (,2-r) 0L- 3zdG1-p 2.. i TelephoneNo.: WV Fax No 407- K6'v34 E-mail- 01artuh a town/kw 1-.601 FEIN No. S' - 0 7I 13 ( Prompt Payment Terms NA° % NA - days, net 3o oils Signature. Date d Print Name: C L g4tti%T•/./ Title: DilezTd4C, S/h / Ani..,eetA4 Award of Contract by the County: (Official Use Only) By signature below, the County confirms award to the above - identified vendor under the above identified solicitation A separate purchase order will be generated by the County to support the contract Vendor awarded as: ❑ Sole vendor ❑ Pre - qualified pool vendor based on price ❑ Pre - qualified pool vendor (spot bid) ❑ Primary vendor for items ❑ Secondary vendor for items .ether status Signature of aut . zed County official: _ /E-// 20// Printed name: O5C tI i ♦ • $ 4, Title: »i • DI? ' 2C /p Purchase Order Number assigned to this contract for billing purposes 27 SECTION 5 — ATTACHMENTS ITB Number: 11-0801 THE FOLLOWING DOCUMENTS ARE ATTACHED Attachment 1: Work References Attachment 2: Price Sheets 28 SECTION 5 - ATTACHMENTS 1T13 Number 11-0801 WORK REFERENCES Agency p ri v I r}P1 �� Address vr �+' 1 '►��il�� " Cdy,Stnte, IP Conlncl Person 7 cicphone Date(1) of Service Typo of Service Comments Agency Address Ctty,Sinte,ZIP Conine! Person fcicphonc Datc(s) of Service Type of Service Comments Agency Address City,Stnte,ZIP Contact Person Telephone Date(s) of Service Type of Service Commits. 29 H W A R .3; fertilizer & chemical ---�- __�___ i n c , ._ GROVELAND DIVISION ORLANDO DIVISION 7205 Hwy 50 East 8306 8. Orange Ave Groveland, FL 34736 Orlando, FL 32809 Phone. (352) 429 -0024 Phone (407) 855 -184I Fax: (352) 429 -3396 Fax (407) 857 -3697 Watts (888) 668 -5868 Watts (800) 899 -314 www howardflai] _c�gm References Company Name: City of Ft. Myers Address: 2600 Martin Luther King Blvd. Ft. Myers, FL. 33916 Telephone: (239) 321 -7232 Contact Person: Debbie Kearns Company Name: Tiburon Golf Course Address: 2620 Tiburon Drive Naples, FL. 34109 Telephone: (239) 513 -9151 Contact Person: Lou Councilman Company Name: Daytona International Speedway Address: 1801 West International Speedway Blvd. Daytona Beach, FL. 32114 Telephone: (904) 947 -6757 Contact Person: Sam Newpher Company Name: City of Naples Address: 735 8 Street South Naples, FL. 34102 Telephone: (239) 213 -7101 Contact Person: Janice Vermilion 1 W W W W N N N N Is) N .1 W (J N N "" 1„v' V' Oo � .1 C1 v. 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(73, 1!!! bd Di a a a• a ii s UI N Ul N UI N ill 111111 1 I g II, z ii , 1-3 1-3 1-3 1-3 f 1 � fi fi 1 - " fr 1 1 G C III rn rh 1�, rh Ii, rh n F( 1 ( 1 Fj 1( hj h( r rtl J N• N• N N• N• N N• z aaaa a• a N �t ' (D (D (D (D (D (D • • II W Od W � � a a w INI ww I 1 -•' N co {di - r fR 49 N - 0 O -+ N CO ij • • O U1 N•• W d\ W 0 O 0 • 0 l0 N — O • • lJ1 . • EXHIBIT B .Affitit), LAKE COUNTY [10 R I D A MODIFICATION OF CONTRACT 1 Modification No : 2 2. Contract No.: 11 -0801E Effective Date: January 4, 2012 Effective Date. February 1, 2011 3. Contracting Offices: Roseann Johnson 5. Contractor Name and Address. Telephone Number (352) 343 -9765 Howard Fertilizer & Chemical Co , Inc. P 0 Box 62802 4. Issued By: Orlando, Florida 32862 Procurement Services Lake County Administration Building Attn. Cheryl Barton 315 \V. 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 after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7 DESCRIPTION OF MODIFICATION: Contract modification to reflect price increases to the following contract items Please see attached. 8. Contractor's Signature NOT REQUIRED 9 Lake County, Florida Name: By: fix Title: Senior Contras fficer Date: old o2a /2_ ate 10. Distribution: Original - Bid No. 11 -0801E Copies - Contractor Contracting Officer P O BOX 7800.315 W MAIN ST , TAVARES, FL 32778 • P352 343 9839 • F 352 343 -9473 Board of County Commissioners • n u•m Ia econnhj7 JENNIFER HILL SEAN M PARKS, MCP, Qer JIMMY CONNER LESLIE CAM PION E WELTON G CADWELL District 1 Dish ict 2 Disti icl 3 Dish ict 4 Dish ict 5 H O W A R D fertilizer & chemical 1 company. inc. January 4, 2012 Amy Munday Lake County Florida Via email: AMunday@lakecountyfl.gov Dear Amy, This letter is in response to the extension of Contract No. 11 -0801E for 2012. Due to cost changes on several of the products we will need to change pricing on these products. I have attached a listing of the products that require price changes. Some have increased and some have decreased. Also attached are updated prices on the fertilizer products. Please note that the fertilizer pricing can only be honored until 3/1/12 and will need to update at that time. This is due to increasing commodity prices and therefore we cannot hold pricing for an entire year on the fertilizer items. Let me know if there is any additional information that you need. Thank you for your time. Sincerely, Cheryl Barton Director, Sales & Marketing Lake County Contract # 11 -0801E Price changes 1/1/12 Item # Description Preferred Size Size Bid Product Name Bid Unit Price per Unit 5 Acephate Pro 97 5 Ib bag 10 Ib bag Acephate 97 Ib $ 6 50 18 Antifoam 1 pint quart Knockdown qt $ 13.50 26 Barricade 1 gal 1 gal Barricade gal $ 142.00 27 Barricade 30 gal 30 gal Barricade gal $ 118.75 33 Bifenthnns 7.9% 1 gal 1 gal Upstar Gold gal $ 27.22 41 Certainty 1.25 oz 1.25 oz Certainty oz $ 54.52 42 Chelated Iron 5% 2.5 gal 2.5 gal Gator Iron 5% gal $ 7.20 43 Chelated Iron 6% 2.5 gal 2.5 gal Gator Iron Plus gal $ 8 37 47 Chipco Fire Star 2 Ib 2 Ib Maxforce FAB Ib $ 8.31 49 Chipco TopChoice 50 Ib 50 Ib Chipco TopChoice Ib $ 2.75 76 Disarm 5 oz 16 oz Disarm oz $ 18.00 78 Dismiss 64 oz 64 oz Dismiss oz $ 7.88 79 Dismiss South pt pt Dismiss South pt $ 136.71 81 Dithane 75 DF RS 12 Ib 12 Ib Dithane 75 DF RS Ib $ 3.83 82 Dominion 2.5 gal 40 oz Criterion gal $ 76.70 92 Eagle 1 gal 1 gal Eagle gal $ 181.00 93 Eagle 20 EW pint pint Eagle 20 EW pint $ 30 63 96 Ferrtmec AS 15- 0 -0 -FE 2.5 gal 2 5 gal Ferromec AC gal $ 10.75 104 Glyphosate 41% w /Surfactant 30 gal 30 gal Glyphosate Pro 4 gal $ 10.35 109 Heritage TL 1 gal 1 gal Heritage TL gal $ 502.00 110 Insignia 2 4 Ib 2.4 Ib Insignia Ib $ 159.60 112 Image Selective Herbicide 11.43 oz 11.43 oz Image 70 DG oz $ 6.82 119.Liquid Activated Charcoal 2.5 gal 2.5 gal D -Tox gal $ 18.48 121 Mancozeb 121 Ib 4 Ib Penncozeb 75 T/O Ib $ 3.88 131 M -Pede 2.5 gal 2.5 gal M -Pede gal $ 24.43 134 Octane 8 oz 8 oz Octane oz $ 6.29 150 Pro V Provaunt 10 oz 10 oz Provaunt oz $ 5.06 166 Scythe 2.5 gal 2.5 gal Scythe gal $ 45.50 190 Surfactant Adjuvant 99% Active 1 gal 1 gal NA gal NA 191 Surfactant Adjuvant 99% Active 2.5 gal 2.5 gal 90:10 NIS gal $ 13.93 200 Trans xit 3 oz 5 oz Tranxit oz $ 67.83 205 Water conditioning acidifying agent 2.5 gal 2.5 gal Delux gal $ 13.80 .... 1 I i 1 `..'. 4,q, veR 'ITA"p1 ainumpi7 . . . ....4 k t:.,(4i III I [-' _ 1 ! lislar ' : i . . 14 1 • 2 U 1 • : iligilligliiEE1311111EN i Oh • • i a ' ' I muluninimmur I 8_ . I i M 1 C lD 1,;:: k D t b to 7"; to - Iii) 1 L cll. cc 1 %‘, 1 - 1 2 �� N � ��bW mg lr b NO � H4 1 1 0 . tp M M 1 d! ' fffftltltltl �p 0 a Cle 1p 4b .Q fi4 ' Ti k "'el" gmaligit 1 • rt Z gig n 0 .0o a o I i A + p i V1 dl i Q1 Ul da h x H : 1 i a 'W liN y o o , u' al co 1 E + tm ° , Igg .4441474, IA871. 11.. io ,ut A14,1 ' p t•• 1-• r r t" N N b '- .... • t .4 ft ili Iii t 'd MI ' °N bi£0.8�a8.1azi i ��aj p�p�oHp'� �fZlOb 'E up(`ZIO el <. r, Jbtt lam' ��t .�. •t�1. (-. = L' -c.la LJ1L-Jd1I .LJ tc:u4 rrl riulvdiu re' l l I IL '4U / 'OJO - uJ 1'+ 1/ 1 LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 11-0801E Effective Date: February 1, 2012 Effective Date: February 1, 2011 3. Contracting Officer Roseann Johnson 5. Contractor Name and Address: Telephone Number. (352) 343 -9765 Howard Fertilizer & Chemical Co., Inc. P.O. Box 62802 4. Issued By: Orlando, Florida 32862 Procurement Services Lake County Administration Building Attn: Cheryl Barton 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 after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) additional year expiring January 31, 2013. to /?N /174 e4" MOA/hrlmoNS — Sind///m/ Xecthays 8. Contractor's St. iature RE D 9. Lake County, Florida Name: . B /�I� ,� � �.�. y �� /lCilt ff/t/ Title: h �j Senior Contras ' Officer Date: /..10.19,,, o� 02,e/z— a 10. Distribution: Original - Bid No. 11 -0801E Copies - Contractor Contracting Officer P.O. BOX 7800.315 W. MAIN ST.. TAVARES. FL 32778 • P 352.343.9839 • F 352 343 -9473 Board 0/CoonO Commissioners • wwlr.Iakecountegov JENNIFER HILL SCAN M. PARKS.,UCP,QEP JIMMY CONNER LESLIE CAMPIONE 1VELTON C. CADWELL District 1 District 2 District 3 District 4 District 5