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2017-004 AGREEMENT FOR AUTO BODY REPAIR SERVICES THIS AGREEMENT,made and entered into this /D Today of Q./ZGLaX�G( 2017, h Cityof Clermont 685 West Montrose eet Clermont Florida A.D., by and between the , (hereinafter referred to as "CITY"), and Rachel's Collision Center, LLC., P.O. Box 1237, Oakland, FL 34760, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 17-014 Auto Body Repair Services; WHEREAS,CONTRACTOR submitted its response dated December 22,2016 to RFB 17- 014; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 17-014 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I—SCOPE OF WORK The CONTRACTOR shall furnish auto body and repair services for passenger vehicles, trucks and specialty vehicles as described in CITY's RFB 17-014 and CONTRACTOR's December 22, 2016 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. 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'A', 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 period of one (1) year thereafter, unless terminated or renewed as provided for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written 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 1 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. 3. Upon mutual agreement of the parties, this Agreement may be renewed for five (5) additional one (1) year terms. Sixty(60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Consumer Price Index (CPI). ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK CITY shall authorize services to be provided hereunder by issuing a purchase order to CONTRACTOR. Prior to the issuance of a purchase order, CITY shall notify CONTRACTOR and CONTRACTOR shall,at its expense,within twenty-four 24 business hours of such notification pick-up the subject vehicle and take it to CONTRACTOR's location. Within twenty-four(24)business hours thereafter,CONTRACTOR shall provide CITY with the cost to provide the services hereunder in accordance with the pricing set forth in Exhibit "A". CITY, in the event it desires to retain CONTRACTOR's services shall issue a purchase order to include a date for completion of the services. In the event that CITY elects not to have the vehicle repaired by CONTRACTOR, then CITY shall have the vehicle removed, at its expense, from CONTRACTOR's location, within forty- eight (48) business hours of CITY"s notification to CONTRACTOR that it will not be issuing a purchase order to CONTRACTOR. The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order. ARTICLE V—PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of the vehicle to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty(30) calendar days of receipt of the invoice. ARTICLE VI—LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the purchase order, or any authorized extension thereof, CONTRACTOR shall pay to CITY the sum of FIFTY DOLLARS ($50.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the CITY, and shall be considered not as a penalty, but in liquidation of damages sustained. 2 (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined.Single Limit (c) Garagekeepers Coverage $1,000,000 Each Occurrence,:. Single Sin le Limit • (d) Garagekeepers Liability $1,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or'death,or to injury to or destruction of tangible property(other than the Work'itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a,party indemnified hereunder. Such obligation shall not be construed to negate, abridge,or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any,and all'claims against the CITY or any of its agents or employees by any;employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of.them may be liable, the indemnification obligations under this Paragraph shall not be'limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the.CONTRACTOR or any subcontractor under workers'or workmen's compensation acts,'disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good'' and valuable consideration from the CITY for the indemnification provided herein. 4 EXHIBIT A SECTION—C PRICE SCHEDULE 1. PASSENGER VEHICLES (as defined in the specifications) Parts shall be provided at crash guide list price less 10 percent. Labor shall be provide at $ per hour. 2. TRUCKS (as defined in the specifications) Parts shall be provided at crash guide list price less 10 percent. Labor shall be provide at$ 110 per hour. 3. SPECIALTY VEHICLES (as defined in the specifications) Parts shall be provided at crash guide list price less 10 percent. Labor shall be provide at $ 40 per hour. NOTE: In items 1, 2, 3 crash guide list shall be Mitchell's Crash Guide or the applicable industry standard list used by the appraisal firm. List the number of years in business: o� List the number of years performing similar services: is List the number of mechanics employed by your company: RFB No: 17-014 Page 13 of 30 SECTION-C PRICE SCHEDULE By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation,and is acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and make available,at a minimum,the items set forth in this solicitation. Respondent Information and Signature Company Name(print): Vonne`S��c d \ 5 on Cer e. t� Street Address: -1 I�] P v CO kJ,C L10 p, LILA,�,�1� I FL 34 ioO Mailing Address(if different): «3- I Cr turd F, 314-pco Telephone: Licrr gasod s Fax: L n c air63- racret3call NcrIcerltier.corn Email: (' ok,-04.90amvavck Payment Terms: % days,net FEIN: 20 - 21130UN Professional.License No.: eftlifgamse NW12,54358 35 Signature: *IOW, Date: 1212.1 +lig Print Name: Racket Ru\ane(' Title: C)%A3f t,'' Does the respondent accept payment using the City's MASTERCARD? Yes 0 No END OF SECTION-C RFB No:17-014 Page 14 of 30 FREDDY L. SUAREZ 1 Purchasing Director C SER DNh1 Purchasing Department Cho352-241-7350 ice of Champions fsuarez@clermontfl.org ADDENDA 1 - DECEMBER 14, 2016 RFB 17-014-AUTO BODY REPAIR SERVICES To all prospective respondents, please note the following changes: This addenda is being issued to incorporate all the questions and answers provided in BidSync into the solicitation. END OF ADDENDA 1 This addenda must be acknowledge and may be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFB 17-014. CAt\kskor, Ce p. L t Name of Company Date tIL. J� _ 0liaT1e,4Z Signature Title c\ooe% C(.i u 1 kAme r Typed/Printed Name 685 W. Montrose Street • Clermont, FL 34711 • www.ClermontFL.gov BidSync: Questions on Bid#17-014 History Page 1 of 1 Question and Answers for Bid#17-014-Auto Body Repair Services Overall Bid Questions Question 1 What is the amount estimated for this contract? or How much was spent on last year of previous contract for these services?(Submitted:Dec 12,2016 5A857 PM EST) Answer t • 1.1 The estimated amount of the contract varies based on vehicles that need body shop repairs,therefore an estimate cannot be provided. 1.2 In Fiscal Year 2016(Oct.1,2015 to Sep.30,2016)the City spent about$52,000.(Answered:Dec 13,2016 9:43:20 AM EST) Question 2 Can you provide a Fleet Inventory,listing vehicles by VIN,make and model?(Submitted:Dec 12,2016 5:49:24 PM EST) Answer rat a • Please contact the City Clerk's office for public records request.(Answered:Dec 13,2016 834:51 Am EST) Print Close https://www.bidsync.com/DPX?ac=aucglist&auc=2007193&mdid=all&printable=Y 12/14/2016 SECTION —A RESPONSE PROCEDURES 1. Ll3eneral Liability with limits of liability $1,000,0__00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed XX Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement as written in Section-E, Terms and Conditions, No. 35). XX l 2X Automobile Liability )- $1,000,000 each occurrence — owned/non-owned/hired automobiles included. 3. Workers' Compensation and Employer's Liability per the statutory limits of the XX State of Florida ($100,000 each accident and $100,000 each employee with $500,000'policy limit for disease). 4. Excess Liability- $ . 00 per occurrence to follow the primary coverage. 5. The City of Clermont must be named as anAdditional Insured with regards to 4 XX General Liability policies; and it must be stated on the certificate. 6. Other insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 X Garagekeepers Coverage C$1,000,000 .00 X Garagekeepers Liability $1,000,000 : .00 XX Fire Legal Liability $ .00 Protection and Indemnity $ .00 _ Employee dishonesty Bond $ .00 Professional Liability $ .00 _ Other $ .00 XX 'a 7. Thirty (30) days written cancellation notice required. 8. Best's guide rating B+:VI or better, latest edition or as otherwise acceptable to the City. XX 9. -,The certificate must state the solicitation number and title.: 13 —CONTRACT PERIOD This contract shall commence on the first calendar day of the month succeeding approval of the contract by City Council or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the City's Purchasing Department; and shall be 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 RFB No: 17-014 Page 6 of 30 FREDDY L. SUAREZ c:LER 1 Purchasing Director Purchasing Department CNI 352-241-7350 Choice of Champions° fsuarez@clermontfl.org AWARD RECOMMENDATION DECEMBER 26; 2016 RFB'17-014-AUTO'BODY REPAIR SERVICES Based on the results of the bid submittals, the Purchasing Department is recommending award to Ford of Clermont, ;Inc. and_Rachel's`Collision Center, LLC. 685 W. Montrose Street o Clermont, FL 34711 o www.ClermontFL.gov co a) V t a) i. o t o -c O o o N r co .5 a) C. co Cl) V c L c -o a- O ..4. O Co �a Z 0 Z 'o Q N O d O Q J D t r_ 1 b m a) �1\,V csi u Q ` o o t EJJJJ�` ~ O 0 0 O N O W Q1 7 - r U, C LI..1 $ o a ! U) u V a a N ac o 0 a W N J N U I— Q J C 3 W p c Y To • N o co CCN E 0 � Q N I m d EL w U U EU cc m t£o I as J CO o Z V C C CI L!J O C -0 _ CU CO• W O. 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