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Contract 2018-83AGREEMENTFOR
VEHICLE LEASE PROGRAM
THIS AGREEMENT, is made and entered into this day of
2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and THE BANCORP BANK, d/b/a. MEARS
MOTOR LEASING, whose address is: 3755 Park Lake Street, Orlando, Florida 32803,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, Volusia County, Florida through the public procurement process awarded an
Agreement for vehicle lease program, Volusia County contract number ITB-18-B-114JRD;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement 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 Volusia County contract number ITB-18-B-114JRD.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall provide leased motor vehicles as described in the Volusia
County contract number ITB-18-B-114JRD, 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. Provided, however, that nothing herein shall require CITY to purchase or
acquire any items or services from CONTRACTOR. To the extent of a conflict between
this Agreement and Exhibit "A", the terns and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
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 as 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 until August 7, 2021, unless terminated or renewed as provided
by the Volusia County.
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
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.
Upon mutual Agreement of the parties, this Agreement may be renewed for two
(2) additional one (1) year terms.
ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
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 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 — DISPUTE RESOLUTION - MEDIATION
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 Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $500,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit, Medical Payments $5,000,
(c) Excess Liability, Umbrella Form $10,000,000
Each Occurrence, Combined Single Limit
($30,000,000 aggregate)
(d) Physical Damage $4,200,000
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. 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 attorneys 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.
ARTICLE V IIl — NOTICES
All notices shall be in writing 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: The Bancorp Bank
d/b/a Mears Motor Leasing
3755 Park Lake Street
Orlando, FL 32803
Attn: Donna Hamilton, Vice President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX — 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 patties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, 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. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in Volusia County Contract/Bid No. ITB-18-B-114JRD.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this�day of (, X "i bbe r . 2018.
City of Cl ont
D a ity Mat ager
Attes
Tracy Ackroyd Howe, City Clerk
Title / e E
Attest:
Corporate Secretary
(Name Printed or Typed)
SUBMIT TO
EXHIBIT A
COUNTY OF VOLUSIA
PURCHASING & CONRiACTM. 3S
123 W. INDIANA AVE., R02
DELAND, FL 32720-4608
AN EQUAL OPPORTUNITY EMPLOYER
Duckworth
DELAND:..................... ..... .396-736-5635
DAYTONA BEACH: ........... 386-257-6000
NEW SMYRNA BEACH:....386-423-3300
Volusia County
FLORIDA
INVITATION TO BID
www voles a orolourcWsino
TITLE: NUMBER: SUBMITTAL DLAuurve:
Vehicle Lease Program 1&8-114JRD Wednesday, August 8, 2018,
at 3:00 p.m., EST
DO NOT RESPOND TO THIS SOLICITATION ON LINE — SEE SECTION 2.5, DELIVERY OF BIDS
PRE BID DATE, TIME AND LOCATION:
SUBMRTALS RECEIVEDAFTER ABOVE
There will be no pre -bid conference held for this solicitation. DATEAND TtME wILI.W1BE
CONSIDERED
that Ir,)'a1meli0n provided In this Bid
as to II terms and conditions
The Bancorp
MAILING ADDRESS:
3755 Park lake Street
CITY -STATE -ZIP: Orlando, FL 32803
E-MAIL ADDRESS: • /el!�
ocraz@thebancorp.wM TMe
PHONE NUMBER: FAX NUNBER: FEDERAL I.D. or SOCIAL SECURITY NUMBER:
407-253-4457 20-2111361
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE
1 aS-11 aJRD. VehOe Lease Program.dos% Page 1 of 30
5941
Page 1 of 1
FIN Number.
Date: 09/18/2018 AGENDA ITEM Item: SS
p Ordinance
p Resolution
p Budget Resolution
[Jn Other
County Goals
p
Thriving
p
Economic &
p
Excellence In
[Xj
NA
Communities
Financial Vitality
Government
Department: Sheriffs Office
Division: Administration
Subject: Multiple bid awards for vehicle leases for the sheriffs office, 18-B-114JRD.
Jarrell, Christie
Jeaniene Jennings
Legal
County Manager's Office
Department Approval
Director Purchasing
Chad" Hargrove
Donna de Peyster
Deputy County Attorney
Deputy County Manager
Approved in Accordance
with Purchasing Policies
and Procedures
Approved as to Form
Division Approval
Tammy Bong
Director Management and
and Legality
Budget
t 17
Approved as to Budget
Requirements
Council Action: Approved as Recommended
Modification:
Fund Number(s): Description: Amount:
001 General Fund 001400-1300-4400 General fund VCSO $92,000.00
Investigations
Total Item Budget: $92,000.00
Staff Contact(s) Phone: Ext.
Christie Jarrell 386 736 5961 13255
SummarylHlghlights:
The county received three responses to a solicitation for the vehicle lease program for the
sheriffs office, two of which were responsive and responsible. The bid results are detailed on
the attached tabulation sheet. The sheriffs office has reviewed the submittals and
recommends selection and award of contracts with The Bancorp Bank, Orlando, FL (for one-
year and two-year leases) and Enterprise Leasing Company of Orlando LLC, Orlando, FL (for
short term rentals), for a period of three (3) years with two (2) annual renewal options. The
estimated annual expenditure for these services is $92,000.00.
A copy of the solicitation (agreement) is attached. Copies of the fully executed agreements and
any applicable exhibits, with the same terms and conditions as described in the solicitation,
are available for review in the purchasing and contracts division.
Recommended Motion: Approval.
e. W'
TABLE OF CONTENTS
1.0 SCOPE OF WORK...............................................................................................3
1.1 Specifications..................................................................................................3
1.2 Maintenance....................................................................................................5
1.3 Classification...................................................................................................6
1.4 Exhibits............................................................................................................6
1.5 Attachments....................................................................................................6
2.0 SPECIAL CONDITIONS.......................................................................................6
2.1 Bid Closing Date.............................................................................................
6
2.2 Proposed Schedule.........................................................................................6
2.3 Point of Contact...............................................................................................
7
2.4 Questions, Exceptions, and Addenda.............................................................7
2.5 Delivery of Bids...............................................................................................
7
2.6 Bid Submittal Form..........................................................................................8
2.7 Definition of Responsive and Responsible for this Bid....................................8
2.8 Local Preference Availability...........................................................................9
2.9 Payment Terms...............................................................................................
9
2.10 Award Term.....................................................................................................
9
2.11 Price Redeterminations...................................................................................9
2.12 Compliance
with FEMA 2 CFR 200.318-326 and Appendix II Contract
Provisions......................................................................................................
12
2.13 Termination...................................................................................................12
2.14 Damages to Rental Equipment .....................................................................13
2.15 New Material.................................................................................................
13
2.16 Damages.......................................................................................................14
3.0 DEFINITIONS.....................................................................................................14
4.0 SUBMITTAL REQUIREMENTS (Submit in the following order).........................15
5.0 BID SUBMITTAL FORM.....................................................................................18
6.0 References.........................................................................................................20
7.0 Conflict of Interest Form.....................................................................................21
8.0 Drug -Free Work Place........................................................................................22
9.0 Certification Regarding Debarment....................................................................23
10.0 Certification Regarding Debarment (Sub)...........................................................24
11.0 CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS .......
25
12.0 CERTIFICATION AFFIDAVIT BY SUB CONTRACTOR AS LOCAL BUSINESS26
13.0 Notification Regarding Public Entity Crime & Discriminatory Vendor List
Requirements & Disqualification Provision.........................................................27
14.0 PROOF OF EXEMPTION...................................................................................28
15.0 HOLD HARMLESS AGREEMENT.....................................................................29
18-B-114JR0, Vehicle Leese Pmgram.dwx Page 2 of 30
The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish
Vehicle Lease Program for the County of Volusia, Florida.
1.0 SCOPE OF WORK
The purpose of this Invitation to Bid (ITS) is to solicit competitive sealed bids for an
agreement to furnish Lease/Rental Vehicles primarily for the Volusia County Sheriff's
Office. A variety of automobiles, trucks, and vans will be required. A majority of the
vehicles required by the Sheriff's Office will be for investigative and under -cover purposes.
Due to the nature of investigative and under -cover work, utmost discretion is required of
the awarded vendor.
It is estimated the County will use the vehicles outlined below over a one (1) year period.
A two (2) year period will be considered based on the proposed discount schedule.
Vehicles will be leased/rented on a monthly basis. No guarantee of length of lease/rental
for any vehicle(s). These are estimated quantities and are given only as a guideline for
preparing the bid and should not be construed as guaranteed requirements. The award
may be to one or more respondents, whichever is in the best interest of the County.
Respondent must return, with submittal, any forms or documentation that will be required
of the County if awarded this agreement.
1.1 Specifications
Unless otherwise specified in this bid, any reference to a particular trademark, trade name,
patent, design, type, specification, producer, or supplier is not intended to restrict this bid
to any manufacturer or proprietor or to constitute an endorsement of any goods or
services, and the County may consider clearly identified offers of substantially equivalent
goods and services submitted in response to such reference.
Refer to Attachment A for classifications on the vehicles.
A. It is anticipated that an average of twenty (20) lease/rental vehicles will be required
for an average of one year each during the lease/rental agreement period. A two
(2) year lease/rental agreement will be considered based on pricing, the length of
time is not guaranteed. The billing will be monthly.
B. Respondents shall state monthly mileage allowance (a minimum of 2,000 miles
per month is required) for each vehicle leased/rented under the awarded contract.
The respondent shall also state any excess mileage charges over the stated
monthly mileage allowance.
C. The vehicles will be primarily used within the boundaries of Volusia County. At the
discretion of the Sheriff's Office, the vehicles may be used for statewide travel.
D. Vehicles shall be 2017 year models or newer. For each subsequent year of the
contract, the requirement will be the latest model available. Units shall be
18-0-114JRD, Vehicle Lease Program.dmx Page 3 of 30
equipped with options normally provided on lease/rental vehicles such as
automatic transmission, air conditioning, power steering, power brakes, power
windows, power locks and keyless entry.
E. Vehicles shall include, at a minimum, factory spec window tinting on all windows.
F. Vehicles shall be 6 cylinders or greater. Standard shift vehicles or 4 cylinder
vehicles shall not be considered.
G. The vehicles required shall include but are not limited to the following
classifications:
1. A minimum of two (2) full size SUVs (preferably with tow package and 4
wheel drive or all wheel drive options) for K-9s (variety of manufacturers,
style, and color)
2. A minimum of four (4) mid size SUVs (preferably with tow package and 4
wheel drive or all wheel drive options) (variety of manufacturers, style, and
color)
3. A minimum of six (6) full size trucks with bed liners, (preferably with tow
package and 4 wheel drive or all wheel drive options) (variety of
manufacturers, style, and color)
4. A minimum of one (1) mid size trucks with bed liners (preferably with tow
package and 4 wheel drive or all wheel drive options) (variety of
manufacturers, style, and color)
5. A minimum of two (2) mini -vans (variety of manufacturers, style, and color)
6. A minimum of one (1) cargo or panel vans (preferably with tow package
options) (variety of manufacturers, style, and color)
7. A minimum of four (4) sedans (variety of manufacturers, style, and color)
H. The awarded vendor shall be open to any special request or requirements during
the award term provided the request is within its normal business operation. For
example: In the event a vehicle is identified as undercover, the vendor shall swap
the vehicle for a new similar vehicle.
I. Upon award, respondents shall identify a primary contact or account
representative to provide assistance with questions, problems, and/or service
needs during the award term.
J. Rates quoted on bid form shall include the total cost of lease/rent per unit per time
period except as otherwise provided for by the bid specifications. No security
deposits will be paid. The County of Volusia is tax exempt. The Vendor shall be
responsible for all tag fees for vehicles leased/rented under the awarded contract.
The vendor shall be responsible for all registration fees for vehicles leased/rented.
Bid shall include all other transportation and service costs. Bids containing
separate costs shall not be considered.
K. Pricing for each class of vehicles shall remain firm for duration of the Agreement.
Individual models shall not be priced separately within each class. Pricing
redetermination will only be considered in accordance with Section 2.11 — Price
Redeterminations.
18-B-114JR0, Vehicle Lease Nogram.docx Page 4 of 30
The vendor shall deliver vehicles to a location within Volusia County within three
(3) business days of swap notice or intent to lease.
M. The County of Volusia will be responsible for physical, comprehensive and liability
coverage while leased or rented under this contract.
1.2 Maintenance
A. The successful bidder shall be responsible for delivering vehicles that are properly
serviced, clean, and in first class operating condition. Pre -delivery services, at a
minimum, shall include the following:
1. Complete lubrication;
2. Check all fluid levels to assure proper fill;
3. Adjustment of engine to proper operating conditions;
4. Inflate tires to proper pressure;
5. Check to assure proper operation of all accessories, gauges, lights, and
mechanical features;
6. Focusing of headlights; and,
7. Cleaning of vehicles and removal of all unnecessary tags, stickers, etc.
B. Vehicles furnished under this contract shall be reliable and in good working
condition. The County reserves the right to inspect the vehicle inventory prior to
contract award to determine the operating condition and compliance of respondent
in regard to this Bid. The County reserves the right to request replacement of any
leased/rented vehicle, and/or equipment that does not perform satisfactorily.
C. Respondents shall specify "end of lease" requirements (such as tire, battery, and
filter replacement).
D. The County shall supply fuel for any vehicles covered under the awarded contract.
Special fuel requirements shall be listed with each vehicle on Attachment A.
Unless specified, unleaded fuel will be used.
E. Respondents shall specify maintenance terms required of vehicles during the
lease/rental award term.
F. Bidders shall provide pricing for vehicles both with maintenance, and without
maintenance on Attachment A— Pricing Form. Vendor provided maintenance shall
include, but is not limited to, changing oil, tires, wiper blades, and fluids. Vendor
provided maintenance shall be accomplished by mutually agreeable outside
vendor or in-house fleet maintenance unless coverage is provided by a factory
warranty service policy (a copy of factory warranty policy is required with the bid
response). For vehicle pricing without vendor provided maintenance, the routine
maintenance shall be the responsibility of the Volusia County Sheriff's Office.
G. Respondents shall include emergency roadside assistance plan provided by the
manufacturers and bumper -to -bumper warranty for the term of the lease/rent for
each vehicle.
18-13-114 RD, Vehicle Leese Pragram.dmx Page 5 of 30
H. Respondents are responsible to perform all required bodywork through the County
contracted vendor with set contract pricing.
I. Respondents shall include provisions for loaner vehicles in the event of emergency
breakdowns.
1.3 Classification
A. Automobiles
Class I Sport
Class II Regular
Class III Premium
Class IV Luxury
B. Trucks, Vans, and SUVs
Class V Midsize Pickup Truck
Class VI Yz, 3/4, or 1 Ton Pickup Truck
Class V11 Passenger Van (Full Size)
Class VIII Passenger Van (Compact Size)
Class IX Cutaway Cargo Van
Class X Medium Truck Type Cargo Van
Class XI 1/2, 3/4, or 1 Ton Cargo Van
Class XII Midsize SUVs
Class XIII Full size SUVs
1.4 Exhibits
A. Exhibit I - General Terms and Instructions
B. Exhibit II - Insurance Requirements
1.5 Attachments
A. Attachment A — Pricing Form
2.0 SPECIAL CONDITIONS
2.1 Bid Closing Date
Bids must be received by the Volusia County Purchasing and Contracts Office, Room 302,
Third Floor, 123 West Indiana Avenue, Deland, FL, 32720-4608, no later than 3:00 p.m.,
EST, on Wednesday, August 8, 2018. Bids received after this time will not be considered.
2.2 Proposed Schedule
07/D9/2018......................Invitation to Bid Available
07/25/2018......................Last Day to Receive Written Questions
08/0a/2018......................Bid Closing Date
18-B-114 RD, Vehicle Leese Program.docx Page 6 of 30
2.3 Point of Contact
All inquiries regarding this solicitation shall be directed to the procurement analyst in
charge of this project as listed below:
John Duckworth, Procurement Analyst II
Telephone: ........................
386-822-5792
Fax: ...................................
386-736-5972
E-mail: ...............................
iduckworfhcla volusia.Dig
2.4 Questions, Exceptions, and Addenda
It is incumbent upon each Bidder to carefully examine this solicitation's specifications,
scope of work/service, terms, and conditions. Questions and exceptions concerning any
Section of this Bid shall be directed by letter, facsimile transmission or by e-mail to the
Procurement Analyst named above in section 2.3 who shall be the official point of contact
for this Bid.
Questions and exceptions shall be submitted no later than fourteen (14) days before the
closing date. Thereafter, no further questions or exceptions will be accepted or reviewed
by the County and Bidders' right to submit questions or exceptions will terminate and any
questions or exceptions not previously made shall be deemed waived. The issuance of a
written addendum is the only official method by which interpretation, clarification, or
additional information can be given and oral representations will not be binding on the
County.
If it becomes necessary for the County to revise any part of this ITB, an addendum will be
posted on the County's web site. It is each Bidder's responsibility to check the Volusia
County web site for any addenda at www.volusia.orc/bidlist. Each Bidder should ensure
that they have received all addenda to this ITB before submitting their proposal. In their
proposals, Bidders must provide proof of receipt of each addendum by signing and
returning each addendum to the County. Failure to provide this proof may cause Bidder's
proposal to be rendered non -responsive. Each addendum issued by the County shall
become a material part of this solicitation.
2.5 Delivery of Bids
DO NOT RESPOND TO THIS SOLICITATION ON LINE
All Bids shall be sealed and delivered or mailed to (fazes/e-mails will not be accepted):
County of Volusia, Florida
Purchasing and Contracts Office, Room 302
123 West Indiana Avenue, 3rd floor
DeLand, Florida 32720-4608
Mark package(s) "Bid #18-B-114JRD, Vehicle Lease Program"
Note: Please ensure that if a third party carrier (Federal Express, UPS, etc.) is used, that
the third party is properly instructed to deliver the Bid Submittal only to Room 302, in the
Purchasing and Contracts Office on the third (3rd) floor at the above address.
18 B-11"RD, Vehicle Lease PWam.dwx Page 7 of 30
Bids mailed to 123 West Indiana Avenue via the United States Postal Service (USPS) are
delivered to the Post Office, not to the physical address and, therefore, may not meet the
requirements of Section 2.1. To be considered, a Bid must be received and accepted in
the Purchasing and Contracts Office before the Bid closing date and time.
2.6 Bid Submittal Form
A. See Submittal Requirements for complete details.
B. Each Bidder shall submit three (3) complete sets of the Bid Submittal:
• One (1) hard copy marked "ORIGINAL"
• One (1) hard copies marked "COPY"
Note: It is not necessary to return every page of the original solicitation
document with the hard copies of the Bid Submittal ORIGINAL and COPY(ies);
return only the pages that require signatures or information as detailed in
Section 4.0.
• One (1) COMPLETE electronic copy on a CD or USB drive in PDF format
(Excel spreadsheets shall not be recorded in PDF). The electronic copy of the
Bid Submittal shall include all submittal requirements as detailed in Section
4.0.
Note the solicitation number and name of company on the CD or USB drive.
Do not send confidential information, proprietary information, or trade secrets.
The Invitation to Bid page and the Bid Submittal Form must be signed by an official
authorized to legally bind the Bidder to all Bid provisions. The Bid Submittal Form (Section
5.0) shall be signed by an authorized agent of the firm with documentation, such as a
Memorandum of Authority, that the individual is authorized to commit the firm to a contract.
2.7 Definition of Responsive and Responsible for this Bid
Each Bid submittal shall be evaluated for conformance as responsive and responsible
using the following criteria:
A. Proper submittal of ALL documentation as required by this Bid. (Responsive)
B. The greatest benefits to Volusia County as it pertains to: (Responsible)
1. Total Cost;
2. Delivery;
3. Allowable Mileage;
4. Vehicle Selection;
5. Lease Terms;
6. Past Performance. In order to evaluate past performance, all Bidders are
required to submit a list of three (3) references / relevant projects completed
within the last three (3) years that are the same or similar in magnitude to this
ITB. The County of Volusia shall not be listed as a reference;
7. All technical specifications associated with this Bid; and,
8. Financial Stability: A Dun and Bradstreet report may be used by the County to
evaluate Respondent's financial stability. All Respondents shall be prepared
18-8 114JRD, Vehicle Lease Program.docx Page 8 of 30
to supply a financial statement upon request, preferably a certified audit of the
last available fiscal year.
Bidders are reminded that award may not necessarily be made to the lowest Bid. Rather,
award will be made to the lowest responsive, responsible, Bidder whose Bid represents
the best overall value to the County when considering all evaluation factors.
2.8 Local Preference Availability
This is not funded by monies that prohibit the local preference provision and local
preference does apply per Exhibit I, General Conditions and Instructions section 10. Local
Preference.
2.9 Payment Terms
A. The County will remit full payment on all undisputed invoices within forty-five (45)
days from receipt by the appropriate person(s) (to be designated at time of
Agreement) of the invoice(s) or receipt of all products or services ordered.
B. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to
exceed one percent (1 %) per month on all undisputed invoices not paid within thirty
(30) days after the due date.
C. The County has the capability of Electronic Funds Transfer (EFT). List any
discounts for prompt payment and/or willingness to accept Electronic Funds
Transfer (EFT) and the discount to be applied to such payments. Contractors
offering prompt payment discounts, for example 1 % - net 10, the discount shall be
taken if the check issue date is within specified time period from date of invoice.
By submitting a Bid (offer) to the County of Volusia, Florida, the Contractor expressly
agrees that, if awarded an Agreement, the County may withhold from any payment monies
owed by the Contractor to the County for any legal obligation between the Bidder and the
County including, but not limited to, real property taxes, personal property taxes, fees, and
commissions.
2.10 Award Term
The County is looking to promote partnership relationships within the policies and
procedures of public procurement. Pursuant toward that end, the successful Contractor(s)
shall be awarded an Agreement for an initial three (3) year term with the option for two (2)
subsequent one (1) year renewals. All renewals will be contingent upon mutual written
agreement and, when applicable, approval of County Council.
2.11 Price Redeterminations
Once each year during the term of the Contract, including any extension or renewal
periods thereof, the Contractor may, but is not obligated to, petition the Director of
Purchasing and Contracts for one or more price redeterminations where such price
radetermination(s) is/are necessitated by documented increases in the cost of wages, fuel,
or materials. Petitions for price redeterminations shall be made within thirty (30) days of
the anniversary date of the Contract (i.e., the calendar day and month when the Contract
18-13-114JRD, Vehicle Lease Pmgram.docx Page 9 of 30
became effective) and only after the Contract has been in effect for at least one year. Any
such petition shall be made pursuant to the provisions of this Section 2.11 and only for
those price redetermination categories specified herein. Unless otherwise expressly set
forth in this Agreement, no other price redeterminations shall be allowed. All price
redetermination, once issued, shall be prospective from the date of approval unless
otherwise approved by a duly executed amendment to this Agreement.
A. Basis for Price Redetermination. The Contractor may petition the Director of
Purchasing and Contracts for price redetermination based on the increased costs
of wages, fuel, or materials. Price redeterminations will be based solely upon
changes in pricing or costs documented by either the Employment Cost Index
(ECI) or Producer Price Index (PPI), whichever is applicable, as published by the
Bureau of Labor Statistics. The base index number for the ECI will be for the
quarter in which the ITB opens. The base index number for the PPI will be for the
month the ITB opens. Any subsequent price redeterminations will use the last
price redetermination approved for that price redetermination category as the
"base index number." The County shall have the right to audit the Contractor's
records, including, but not limited to, payroll, materials, and fuel cost records, to
verify or otherwise investigate the validity of any price redetermination request.
B. Wage Price Redetermination. When requesting a price redetermination based
upon an increase in wage costs, the Contractor shall refer to and utilize the
Employment Cost Index, Total Compensation, Private Industry, Index Number and
Occupational Group at as prepared by the Bureau of Labor Statistics in the U.S.
Department of Labor httos,//stats.bis.00v/data/. The base figure will be tied to
Trade, transportation, and utilities under the heading Service Providing Industries.
Wage price redetermination increases shall be granted only by reason of wage
increases associated with the Contractor's employees or subcontractors
performing work or services pursuant to the Agreement.
C. Minimum Wage Price Redetermination. If the minimum wage increases during the
term of the Agreement, including any renewal or extension period thereunder, the
Contractor may petition the Director of Purchasing and Contracts for price
redetermination for those job categories where the pay to the Contractor's
employee(s) is the current minimum wage. Upon verification of the information
provided, the County will grant an increase of exactly the amount of the minimum
wage increase not the percentage increase). The Contractor must increase the
pay to the employee(s) by the amount the Contractor has requested, which shall
not exceed the amount of the minimum wage increase. The amount paid to the
Contractor will be the increase plus any written and documented increase in FICA,
Medicare, and Workers' Compensation insurance. The Contractor must supply
written documentation of any other increase that is beyond the scope and control
of the Contractor. All written documentation must satisfy the reasonable
expectations of the Director of Purchasing and Contracts and Internal Auditor.
1. Example: Minimum wage increases from $7.31 to $7.56 per hour. The
Contractor may petition for an increase of $0.25 per hour to be paid to the
affected employee(s) and shall provide written and documented cost
increases for FICA, Medicare and Workers' Compensation. The resulting
increase in costs shall be incorporated into tees/rates billed to the County.
18-13-114JRD, Vehicle Lease Program.docx Page 10 of 30
If the Contractor bills the County at a higher price according to any price
redetermination granted by the County, and the Contractor fails to increase the
hourly rate paid to the employee for the same period, the Contractor will be
considered in Agreement default and the Agreement will be immediately
terminated.
D. Fuel Price Redetermination. If/when the price of fuel increases by a minimum of
ten (10%) percent, the Contractor may petition the Director of Purchasing and
Contracts for a fuel price redetermination. As a condition of petitioning for a fuel
price increase, the Contractor shall be required to petition for a fuel price
redetermination decrease if/when the price of fuel decreases by a minimum of ten
(10%) percent. Failure to make such petition may be grounds for Agreement
termination and shall entitle the County to a refund of the cumulative increase in
pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel
price redetermination must be based solely upon changes as documented by the
Producer Price Index (PPI) for the commodities "Unleaded Gasoline -
WPU057f04" or V2 diesel fuel - WPU057303," as such may be applicable to the
Contractor's operations in connection with the Contractor's performance of the
Agreement.
E. Materials Price Redetermination. At the anniversary date of the Agreement, the
Contractor may petition the Director of Purchasing and Contracts for a materials
price redetermination. As a condition of petitioning for a materials price increase,
the Contractor shall be required to petition for a materials price redetermination
decrease if/when the price of materials used by the Contractor in connection with
the Agreement decreases. Failure to make such petition may be grounds for
Agreement termination and shall entitle the County to a refund of the cumulative
increase in pay to the Contractor due to any prior materials price redetermination
increase(s). Materials price redetermination must be based solely upon changes
as documented by the Producer Price Index (PPI) for the commodity "Passenger
car rental and leasing— PCU53211-5321 1 ", as published by the Bureau of Labor
Statistics.
F. Price Redetermination Calculation. All Price Redeterminations shall be calculated
as follows:
Example: Contractor indicated on the Submittal Form that thirty percent (30%) of
the cost to provide the product/service is directly attributed to the redetermination
category (wages, fuel, or materials).
Current applicable PPI =....................................................$200.50
Baseindex PPI =............................................ 17 .20
PPI increase dollars =...............................................$21.30
PPI increase percentage ($21.30 _ $179.20 = .1189)......................... 11.9%
Unit cost of the service is ........ ............................................................ $100.00
30 % of $100.00 is directly attributed to the redetermination category .... $30.00
$30.00 . 11.9% =........................................................$3.57
New unit price for the product1service is ($100 +$3.57)...................... $103.57-
18-B-110. RD, Vehicle Leese Program.Gocx Page 11 of 30
G. Expiration Upon Failure to Agree to Price Redetermination. If the County and the
Contractor cannot agree to a price redetermination pursuant to the terms and
conditions of this Section 2.11, then the Agreement will automatically expire
without penalty or further expense to either party after a period of six (6) months
following the Contractor's initial request for such price redetermination. Requests
for price redeterminations not made in accordance with the provisions of this
Section 2.11 shall be deemed null and void and shall not be a valid reason or
pretext for expiration or termination of the Agreement. If the Agreement expires
pursuant to the terms and conditions of this Section 2.11, the County reserves the
right, at no expense, penalty, or consequence to the County, to award any
remaining tasks thereunder to the next available most responsive and responsible
Contractor.
2.12 Compliance with FEMA 2 CFR 200.318.326 and Appendix II Contract Provisions
This Agreement and the products/services provided may be utilized in the event of
declared State/Federal Emergency and Contractors shall be prepared to comply with the
requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract
Provisions as amended. These documents can be found on the Internet at:
httos�//www aoo oov/fdsys/ciranuie/CFR-2014-title2-voll/CFR-2014-title2-voll-sec200-
318
2.13 Termination
A. County may terminate this Agreement upon at least thirty (30) days prior written
notice to Contractor.
B. Contractor may terminate this Agreement upon at least one hundred eighty (180)
days prior written notice to County.
C. Upon receipt of notice of termination by the County from Contractor or upon
delivery of notice of termination from the County to Contractor, Contractor shall:
1. Stop work under the Agreement on the date and to the extent specified in
County's Notice of Termination.;
2. Inform County of the extent to which performance is completed.;
3. Place no further orders or subcontracts for materials, services or facilities
except as may be necessary for completion of such portion of the Services
under the Agreement as is not terminated and with the prior approval of the
County.
4. Assign to the County, in the manner, at the times, and to the extent directed
by the County, all of the right, title and interest of the Contractor under the
orders and subcontracts so terminated.
D. For all undisputed outstanding invoices submitted to the County prior to the
effective date of the termination and subject to Section 2.10 - Award Term, Section
2.9 - Payment Terms and this Section 2.13 - Termination, the County shall cause
18-B-110.IRD, Vehicle Lease Program.dwx Page 12 of 30
payments to be made to Contractor within forty five (45) days of receipt of
invoice. Contractor shall invoice the County for any sums Contractor claims to be
owed by County under this Agreement for work performed from the last invoice to
the effective date of termination. County shall review such invoice for payment and
County shall pay any undisputed amount within forty five (45) days.
E. With the approval of the County and to the extent required by the County, the
Contractor shall, upon termination, settle all outstanding liabilities and all claims
arising out of such termination. County's approval of such settlements shall be
final for all the purposes of a termination under this Section 2.13- Termination. In
addition, Contractor shall transfer title and deliver to the County, in the manner, at
the times, and to the extent, if any, directed by the County, Deliverables, work -in -
progress, reports, models, studies, and other materials produced as a part of, or
acquired in connection with the performance of the Services terminated.
F. If Contractor fails to cure a breach within ten (10) calendar days after receipt of
notice from the County of said breach, the County may take over the Services and
complete the Services, and the Contractor shall be liable to the County for any
increased cost of the Project reasonably incurred by the County to complete the
Contractor's unfinished Services. As such, the County may apply unpaid
Compensation due and owing to the Contractor prior to the default as a set off
against the costs incurred by the County for taking over such Services.
G. The right of termination provided to the County and the Contractor herein shall be
cumulative of all other remedies available at law.
H. All provisions of this Agreement which impose or contemplate continuing
obligations on a party will survive the expiration or termination of this Agreement.
2.14 Damages to Rental Equipment
Rental Contractor(s) agree to purchase such insurance, as they consider necessary to
protect their equipment from damage or destruction during the term of this Agreement for
rental of equipment. Rental Contractor(s) also agree that the County shall have no
obligation for payment of damages of any nature to equipment provided with or without an
operator unless clear and convincing evidence demonstrates that gross negligence of
either the County or its employees acting within the scope of their employment was the
direct cause of such damage or destruction.
Rental Contractor(s) further understand and agree that no employee of the County other
than the Director of Purchasing and Contracts is authorized to sign any rental or other
agreement that contains terms and conditions other than those contained in this
solicitation, and that any signature of a County employee other than the Director of
Purchasing and Contracts shall be interpreted as the County's acknowledgement of
delivery only.
2.15 New Material
Unless otherwise provided for in this specification, the Contractor represents and warrants
that the goods, materials, supplies, or components offered to the County under this
Agreement are new, not used or reconditioned, and are not of such age or so deteriorated
1&B-1 WHO, Vehicle Lease Program.docx Page 13 of 30
as to impair their usefulness or safety and that the goods, materials, supplies, or
components offered are current production models of the respective manufacturer. If the
Contractor believes that furnishing used or reconditioned goods, materials, supplies, or
components will be in the County's interest, the Contractor shall so notify the County
Procurement Analyst in writing no later than fourteen (14) working days prior to the date
set for opening of Bids in accordance with section 2.4. The notice shall include the
reasons for the request and any benefits that may accrue if the County authorizes the
bidding of used or reconditioned goods, materials, supplies, or components.
2.16 Damages
Due to the nature of the services to be provided and the potential impact to the County for
loss, the Contractor cannot disclaim consequential or special damages related to the
performance of this Agreement. The Contractor shall be responsible and accountable for
any and all damages, directly or indirectly, caused by the actions or inaction of its
employees, staff, or Subcontractors. There are no limitations to this liability.
3.0 DEFINITIONS
As used in this Bid, the following terms shall have the meanings set forth below:
Aareement: Result from this solicitation between the County and the Contractor, which is
this Bid, along with any written addenda and other written documents, which are expressly
incorporated by reference.
Agreement Administrator: The Director of Purchasing and Contracts or designee shall
serve as Agreement Administrator. The Agreement Administrator shall be responsible for
addressing any concerns within the scope of the Agreement. Any changes to the resulting
Agreement shall be made in writing and authorized by the Director of Purchasing and
Contracts.
Bid: A Contractor's offer to the County in response to an invitation to bid (ITB) issued by
a purchasing authority.
Bidder: One who submits a response to an invitation to bid (ITB).
Contractor: The person or entity duly authorized, upon award of an invitation to bid (ITB),
to have an Agreement with the County to provide the product and/or services set forth
herein and incurring liability for the same.
Contractor's Protect Manaaer: The Project Manager has responsibility for administering
this Agreement for the successful Bidder(s) and will be designated prior to the issue of the
resulting Master Agreement or Purchase Order.
County: Shall mean the County of Volusia (a body corporate and politic and a subdivision
of the State of Florida) including its districts, authorities, separate units of government
established by law, ordinance or resolution, partners, elected and non -elected officials,
employees, agents, volunteers, and any party with whom the County has agreed by
contract to provide additional insured status.
18-13-1 WRD, Vehicle Lease Program.docx Page 14 of 30
gourd Prolecl Manaaer(sl: The Project Manager(s) have responsibility for the day-to-
day administration of the resulting Agreement for the County and will be designated prior
to award of the resulting Master Agreement or Purchase Order.
Dom: The word "day" means each calendar day or accumulation of calendar days
Director: The Director of Purchasing and Contracts for the County of Volusia, FL
Master Aareement: The payment vehicle through with the successful Bidders) shall be
compensated. This Agreement will be issued in accordance with the specifications, terms,
and conditions of this Bid document and shall be valid for a specified period of time with a
specific dollar value, which shall not be exceeded annually.
Person or Persons: An individual, firm, partnership, corporation, association, executor,
administrator, trustee, or other legal entity, whether singular or plural, masculine or
feminine, as the context may require.
Preference: The method of the reducing the proposed Bid or quote price by a designated
percentage for the sole purpose of determining the lowest price when compared to other
prices submitted during a competitive solicitation.
Protest: See process at www volusia.ora/ourchasina.
Purchase Order: The County's written document to the Contractor formalizing the
proposed transaction, such as a description of item(s)/services, delivery location, payment
terms, invoice address and transportation. If there are any conflicts between the Purchase
Order and the resulted awarded ITB the terms of the ITB shall prevail.
Subcontractor: A person other than a materialman or laborer who enters into a contract
with a Contractor for the performance of any part of the Agreement documents.
4.0 SUBMITTAL REQUIREMENTS (Submit in the following order)
It is not necessary to return every page of this document with the Proposal; return only the
pages that require signatures or information requested below.
❑ Completed Invitation to Bid Cover Page signed by an authorized agent of the firm, as
listed on the Florida Department of State, Division of Corporations' Sunbiz report available
at www.sunbiz.org (Sunbiz), shall be required. If anyone other than the officers listed on
the Sunbiz website will be signing this ITS, a memorandum of authority signed by an officer
of the firm allocating authorization shall be required. If firm is not currently registered as
a vendor in the State of Florida (Sunbiz), include documentation designation of contracting
authority. The memorandum of authority shall be on the firm's letterhead and shall clearly
state the name, title and contact information for the individual designated by the firm.
❑ Required Copies and Electronic Copy on CD or USB drive (see Section 2.6)
❑ Provide a Florida Department of State, Division of Corporations' Sunblz report
available at www.sunbiz.org.
18-e-11URD, Vehicle Lease Program.docx Page 15 of 30
❑ Completed Bid Submittal Form (use attached form Section 5.0).
❑ References - List at least three (3) recent references where the proposed services has
been provided within the past three (3) years. Use of the attached form (Section 6.0) will
aid in evaluation. Unless specifically asked by the County, the County of Volusia shall not
be listed as a reference.
❑ Business Tax Receipt (BTR)
To be responsive to this solicitation, each Bidder who is currently required to have a
Business Tax Receipt (BTR) at the time of submittal shall provide a copy of their current
BTR in their response to this solicitation.
There are two exceptions to this Bid submission requirement:
1. If Bidder's business does not have a physical location in Lake, Orange, Osceola,
Seminole, or Volusia County, no submission is required, On
2. If Bidder's business type is exempt, submit with proposal a Proof of Exemption
approved by the Volusia County Revenue Director (see Section 14.0).
For more information and to access Ch. 114, Article 1, Sect. 114-1 of the Volusia County
Code of Ordinances, see www volusia orci/revenueAocal-business-tax/business-tax-
freauentiv-asked-ouestions stml
❑ Insurance - (See Exhibit II) Evidence of required insurance coverage or proof of
insurability in the amounts indicated. If available, a properly completed ACORD Form is
preferable. Final forms must contain the correct solicitation and/or project number and
Volusia County contact person. Contractor shall provide the required insurance detailed
in Exhibit II for the entire Term of the agreement. Regardless of anything submitted as
proof of insurance, Contractor shall comply with all requirements of Exhibit Il.
Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall
submit a copy with the proposal.
Incorporated and unincorporated firms that qualify for an exemption under the Florida
Workers' Compensation law in Chapter 440, Florida Statutes, shall submit an executed
Hold Harmless Agreement (see Section 15.0) relieving the County of liability in the event
they and/or their employees are injured while providing goods and/or services to the
County.
❑ Conflict of Interest Form (use attached form Section 7.0) All Bidders shall properly
complete, have notarized, and include with their Bid Submittal the attached statement
disclosing any potential conflict of interest that the Bidder may have due to ownership,
other clients, contracts, or interests associated with this project.
❑ Addenda issued subsequent to the release of this solicitation must be signed and returned
with the firm's Bid. Failure to return signed addenda may be cause for the Bid to be
considered non -responsive.
❑ W-9 Include a completed W-9 form. If the firm is not registered with Volusia County, on-
line registration is available at www.volusia.org/ourchasinc under Vendor Self Service,
18-13-11CJ111), Vehicle Lease Pmgram.dXx Page 16 of 30
which links to the registration site and the W-9 form can be accessed through this site as
well.
❑ Certification Affidavit by Local Business (use attached forms 11.0 and 12.0) All
Bidders shall complete, have notarized, and include with their Bid Submittal the attached
statement(s) confirming Local Preference Eligibility.
❑ Drug -Free Work Place form (use attached form Section 8.0).
❑ Certification Regarding Debarment — Prime (use attached form Section 9.0).
❑ Certification Regarding Debarment — Sub if applicable (use attached form Section
10.0).
❑ Attachment A— Pricing Form
❑ End of lease requirements
❑ Maintenance Terms
❑ Factory Warranty policy
All Bidders shall be prepared to supply a financial statement upon request, preferably a certified
audit, but a third party prepared financial statement and the latest D & B report will be accepted.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
18-B-119 RD, Vehicle Lease Program.dou Page 17 of 30
August? .2018
5.0 BID SUBMrrmt-FORM
TO: County of Volusia, Florida
Office of Director of Purchasing and Contracts
123 W. Indiana Avenue, Room 302
Deland, FL 32720460B
The undersigned hereby declares) that [firm name]
The Bancorp
has carefully examined the specNiptions to furnish Vehicle
Lease Program, for which Bid submittals were advertised to be received no later than 3:00
p.m., EST, on Wednesday, August 8, 2018, and further declares that the firm will furnish the
Vehicle Lease Program according to specifications.
Complete Attachment A- Pricing Form
Open Attachment from webshe, perform -File save as- and save spreadsheet to your
computer. Fill in pricing, preferably electronically. Include Attachment, in excel formal (rat
pdf), on a CD or USB drive with the rest of your submittal documents.
The County reserves the right to negotiate with the awarded vendor for additional services
similar in nature not known at the time of Bid closing.
Sole Proprietor 0 Yes ® No Total number employees ............... 550
F.O.B. Destination
The following information is required in order to be granted a price redetermination
Assuming that the prices quoted Include costs for vehicles, maintenance, repair, insurance, fuel,
wages, insurances and other employee benefits, materials, overhead, operating expenses, etc..
what percentage of the rate is directly attributed to the cost of fuel? ............................ 0 %
Which does the fine use: O Diesel fuel or O Gasoline?
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel,
wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly
attributed to the cost of wages?..................................................................................... 0 %
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel,
wages, insurances and other employee benefits, materials, overhead, operating expenses, etc.,
what percentage of the rate is directly attributed to the cost of materials? ................... o %
Prompt payment discount, if applicable: NIA %, N/A Days; Net 45 Days
18-5.11 QRD. Venda Lease Fm M tl - Page 18 of 30
Do you accept electronic funds transfer (EFT)? ® YES ❑ NO
Do you offer a discount for electronic funds transfer (EFT)? O YES, _ q LINO
The County of Volusia reserves the right to reject any or all proposals, to waive informelhies, and
to accept all or any part of any proposal as may be deemed to be in the best interest of the County -
I hereby certify that I have read and understand the requirements and terms and conditions of
this Invitation to Bid No. 18-B-114JRD, "Vehicle Lease Program", including all exhibits and
attachments (as amended) and that I, as the Bidder, will comply with all requirements, and that I
am duly authorized to execute this proposal1offer document and any Agreement(s) and/or other
transactions required by award of this ITB.
Further, as a sted o by below signature, I will provide the required insurance, per Exhibit II,
Insurance, n no fication of repOnmendation of award.
The 4ndoir acknowledges tho infgFation provided in this Bid is true and correct:
August 7, 2018
- The Bancorp
company Name 3755 Park Lake Street Orlando, FL 32803
Fun Address 407-253-4457 ocxuatathebancorp.com
Telephone 167246326 Fax E-mail Address 20-2111361
Dunn a Bradstreet a Federal I.D. a
18-B 114dRD, Vehicle Lease Program.ducx Page 19 at 30
B.o Rererences
ity of Orlando03
Jeff Fuqua Boulevard, Suite F4892City,
rlando, FL 32927Comarry
T
Jacobsonarry.jacobson@cityoforlando.net
Phone: 407-825-3118
Dates)
0-01-16thruCurrent
Tyne of Service
Leasing -Unmarked Police vehicles with lights and equipment
common:
Agencya2
Marion County SherffFs Office
Address
690 NW 30th Ave
Ciry, State. ZIP
Ocala, FL 34475
Contact Perron
Bobby laglal
E-mail
bjaglaWmarionso.com Phone:352-299-7229
Dale(s) of Service
12-13-1996 thru Current
Typa of Service
Leasing -Unmarked Police Vehicles
Commenta
AgencYa2
Hillsborough County Schools
Address
901 East Kennedy Blvd
City, State, ZIP
Tampa, FL 33601
contact Peron
Ivan F. Viamonte,
E-mail
Ivan.Viamontes@adhc.1kl2.0-us Phone: 813-2724328
Date(s) of Service
10-30-2014 thru Current
Type of Service
1.easing-School Security Vehicles, Driver Education Vehicles
Commanta
11141 114JR0, V9%de taeea Pmpn Mo do x Page 20 of 30
7.0 Conflict of Interest Form
1 HEREBY CERTIFY that 1I. (prinredname) d JA)4
am the
(titleWE
ga WGM1rr and the duly authorized representative of
the fum of (Firm Name) The Bancorp whose address is
3755 Park Isla: Street, Orlando, FI. 3290.3 , and that I possess the
legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and,
2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real
or apparent, due to ownership, other clients, contracts, or interests associated with this project; and,
This Bid Submittal is made without prior understanding, agreement, or connection with any
corporation, Firm, or, eon submitting a Bid for the same services, and is in all respects fair and
without collusion o fro
EXCEPTIONS to
Signature:
Printed Namc:
Firm Name:
Date:
STATE OF
COUNTYOP
C(t�
\Swnm to and a'a\bscribed before me this day of \ i 20�, by
ON rJ (� f...� `\ . who ial re k me or
who hasPoave produced as identification•
c�tus swxafu,m NOTARYPUSUC—STATE OF
jai ' acumaaw
4 Irf a+rcomm Faae%�ra.mm 7YPe NMQi : rl 0_kk a--F"c-
Commission Na.: . 0'3
(Seal) Commission EWiw: D C I -�. I2C72_Z
1" 11 GJBn, VB ee tease P'op M.D P✓ge 21 of 30
8.0 Drug -Free Work Place
The undersigned firm, in accordnece with Florida statute 287,087, hereby certifies that
The Bancorp
(Name of Firm)
I. Publish a statement notifying employees that the unlawful manufamure, distribution, dispensing,
possession, m use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that we
proposed a copy of the gtm onent specified in subsection (1).
4. In the statement specified in subsection (1). nosily, the employees that, as a condition of working
on the commodities or cuntractual serviees that are under proposal, the employee will propose by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation oavrting in the workplace no later than rive (5) days alter such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
this section.
As the person authorized to sign the statement, 1 corllf3' that this firm complia fully with the above
0/e /l�[r✓iAwAugust 7,2018
Date
The Bancorp
3755 Park Lake Street
Street address
Orlando, FL 32803
City, state, Zip
1&a-114JR% Vehde Lease Pmgem.aocx Page 22 of 30
9.0 Certification Regarding Debarment
Certification Regarding
Debarment, Suspension,
And Other Responsibility Matters
Primary Covered Transactions
TO BF COMPLETED BY CONTRACTOR
A. The prospective primary participant (contractor) certifies to the best of its knowledge and belief,
that it and its principals (subcontractors and suppliers):
I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, in
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a ttnce (3) year period preceding this bid proposal been convicted of or
had a civil judgment tendered against them fm commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or kica0 transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, "receiving stolen property.
3. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or Ioeal) with commission of any of the offenses enumerated in
paragraph (A) (2) of this cenification; and
4. Have not within a theme -year period preceding this bid proposal had one or more public
inactions (Federal, State, m local) terminated for cause or default.
B. hen; the prospecow prirtuvy participant is unable to certify to any of the statements in this
cerlifrcalio such pros live participant shall attach an explanation to this bid proposal.
V�L1� {r�{(MAWI— August 7, 2018
I Date
The
Firm
3755 Park Lake Street
Stmet address
Orlando, FL 32803
City, State, Zip
ta-ri+twnD, veMde t.eaea rmpata.doo Page 23 of 30
11.0 CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS
This form must be signed and swora to in the presence of a notary public or other official authorized to
adminia=Oaths.
A. This swmnn statement is submittedto County of Volussia, FL, Purchasing and Contracts;
By DOA)A -q jgAk1`1QN/AI^061 r
(Authorized individuals name and title)
For:
The Banwrpl
(Name otCompanyMdividuel submitting awom statement)
B. Local Preference Eligibility
1. Vendor has been in business fur a minimum of six (6) months prior to the dale of Bids or
4rrore El Yes O No
2. Vendor has proof of local business in the form of a business tax receipt fmm a local
jurisdiction per Volusia Cmnty1. l Preference ordinance ®Yes O No
it the p6brinledon of this form to the contracting officer for Volusia County, Florida,
the 9fid or Perm or the awarded Agremrent. I also understand that fallure to undly
jIuqfS of a change in address out of the local area my result in breach of Agreement.
STATFOF -Y' IU/t1- 1 _
COUNTY OF 1 `cC N q
\Sxrom ro and nard bejo�/ka�rais ! daY o/ ' "l S� O'a by
DON N( t r'7 �+'i 1 r-Tc7 \ wFa W M rrwrallY Know)i-
ine or
who earMaw produced enaleadon.
NOTARYPUBOC - STAM OF
f'• `. GICELLAYAIBoff
tra1 nt nvane:
SW w
C.wn, soGalBN9
EMV W1J.A3a
(gear) Commizrian Espircr: ( � �"Z-L
1"-11/JM. V"- Leasa Propamarc- Page 25 of 30
12.0 CERTIFICATION AFFIDAVIT By SUBCONTRACTOR AS LOCAL BUSINESS
This form must be signed and swore to in the presence of a notary public or other official authorized to
administeroaths.
A. This swom statemmt is submitted to County of Volusie, FL• Purchasing and Contracts;
By. -7)NJJfi 01LJ oV
(Authorized individualk name and title)
For: ��F /00k)a
(Name of CompanyAndividual submitting swam statcm¢at)
B. Local Preference Eligibility
1. has been in business for a minimum of six (6) months prior to the date of Bids or
Av..'
❑Yes ❑ No
2.hasproof of local business in the formof a business tax receipt from a local
ion per Volusia County Local Preferenceordinance ❑ Yes Cl No
,of this form to the contracting omcer for Volusia County, Florida,
of the awarded Agreement. I also understand that failure to notify
e In address out of the local area may result in breach of Agreement.
57i1TE OF �f'%ISO fll.z. t/sny�
COUA7Y
warn to and su cribed before Ina Ma� day of 20 1t by
ky�l e.; c\ 42 i (_ `1��1 . s,ha 1 rawwOY hIa ,ne OF
who hosAave produced end' I Wo .
CommUdun No.: _
(Seal) cmunadoe Hrpircr:
�"••'"'•GCELNVALENIYI
' � adaY Rdk-844dFba1
' Comnioima0Ga1
••`w.l!,.•�, ay Cann. Ea4a On la3.
rem
M&i
168-11 Uan, VM4da Lnase Propam docx Page 26 of 30
13.0 Notification Regarding Public Entity Crime & Discriminatory Vendor List
Requirements & Disqualification Provision
A. Pursuant to Florida Statutory requirements, potential Bidders are notified:
287.133(2)(a) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
287.133(2)(b) A public entity may not accept any Bid, proposal, or reply from, award any contract
to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO
with any person or affiliate on the convicted vendor list for a period of 36 months following the date that
person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed
from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the
time of the commission of a public entity crime resulting in that person being placed on the convicted vendor
list may not accept any Bid, proposal, or reply from, award any contract to, or transact any business with
any other person who is under the same, or substantially the same, control as the person whose name
appears on the convicted vendor list so long as that person's name appears on the convicted vendor list.
287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work; may not submit Bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity.
287.134(2)(b) A public entity may not accept any Bid, proposals, or replies from, award any
contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period
of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless
that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was
transacting business with an entity at the time of the discrimination resulting in that entity being placed on
the discriminatory vendor list may not accept any Bid, proposal, or reply from, award any contract to, or
transact any business with any other entity who is under the same, or substantially the same, control as the
entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the
discriminatory vendor list.
B. By submitting a proposal, the Bidder represents and warrants that the submission of its proposal
does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005).
C. In addition to the foregoing, the Bidder represents and warrants that Bidder, Bidder's
subcontractors and Bidder's implementer, if any, is not under investigation for violation of such statutes.
D. Bidder should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005).
18-13-114.IRD, vehicle Lease Program.docx Page 27 of 30
NOT APPLICABLE\
14.0 PROOF OF EXEMPTION
BUSINESS SERVICES
REVENLIEDIVISION
ID W. IMANA AV. 'ROOM 183-Del- n ,Fl-327204602
PHONE: 386-736-5938• FAX: 386822-5729
VOlOSld County
FLORIDA
I certify that the business known as (bud"" name)
providing services, which is located at (ranee address)
(do) , falls under the business tax exemption described in:
❑ Florida Summer 205.063 0 Florida Stamm 205. 065 0 Florida Statute 205. 191
0 Florida Statue 205.064 O Florida Sum¢ 205. 162 O Florida Stamm 205.192
O Florida Statute 205.171
1 / n I b ta @ frea tl - kcal-g ti tM
OR is the type of business indicated below:
U Child Car. -Residential
Q Insurance Adjuster, Agent.
0
RadioQblevuion Station
❑ Corunemial Rentals
or Company
0
Religiouslostimtion
0 DRor m Doce/Peddler Sales
❑ PhmmerisUPhamucy
I]
Residential Rentals over 6monus
(➢ A,ripdon Drugs Only)
❑
Sale of Alcoholic Products only
(Aammired SWAMAn,) (➢deMd Name)
STATE OF_
COUNfYOF
Sham m Red smbx ibed before Are this _ day of 20— by
Was flare personally known Io me or
who has/havepn dueed Rr idendficRlion.
NOTARYPUBUC- STATE OF
Type orprfv name:
CRmmission No.:
Commission Erp1 m:
A busimss that falls under one of the exempt classifications listed above is not required m love a Want Colmy
Business Tax Receipt.
Revenue Duccmr/Desigoee
IN.11"RO, vehicle mew pm..docx Page 28 of 30
NOT APPLICABLE \
15.0 HOLD HARMLESS AGREEMENT
I, , (pn vownei snmme), am the owner of
(p.va rompany aame), an incorporated /
unincorporated business operating in the State of Florida As such, I am bound by all laws of the state of
Florida including but not limited to those regarding the workers' compensation law.
I hereby affirm that I or [the above -named business] employs fewer than four employees, all of
whom are listed below, including myself, and therefore, the business is exempt from the statutory
requirement for workers' compensation insurance for its employees. I certify that I will provide the County
of Volusia with the name of each new employee together with all required waivers and releases for each
prior to any employee being allowed to work to provide services under the contract set forth below. If any
such employee is allowed to work without a signed waiver and release, such action will be a material breach
of this Agreement. All signed waivers and releases shall be furnished before the commencement of any
work by an employee or the undersigned to the County Project Manager or designated county
representative.
On ?A_, the County of Volusia and I or [the above -named business]
entered into a contract for (Please issen name of uroet),
(hereinafter "Agreement") which is incorporated by reference herein.
On behalf of myself, my business, and the employees listed below, I and they hereby agree to waive
and release any and all workers' compensation claims or liens under Chapter 440, Florida Statutes, against
the County of Volusia and its agents, officials and employees, arising from any work or services provided
under the Agreement whether or not it shall be alleged or determined that the act was caused by intention,
or through negligence or omission of the County of Volusia or its agents, officials and employees or
subcontractors.
In the event that a workers' compensation claim or lien is made against the County of Volusia
and/or its agents, officials or employees by myself or my employees or agents as a result of any work or
services performed under the Agreement, I agree to indemnify, keep and hold harmless the County of
Volusia Florida its agents, officials and employees, against all injuries, deaths, losses, damages, claims,
liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to,
fees and charges of attorneys and other professionals) arising out of the Agreement with the County of
Volusia whether or not it shall be alleged or determined that the act was caused by intention or through
negligence or omission of the County of Volusia or its employees, agents, or subcontractors. I or the above -
named business shall pay all charges of attorneys and all costs and other expenses incurred in connection
1881 WRD, V.N tease Pmg,amAocx Page 29 of 30
with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia
in any action indemnified hereby, I or the above -named business shall, at my or its own expense, satisfy
and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign
immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes.
Owner.
(p&a neon)
(SWOUM)
Employee t:
(pant nemsl
(slanatwa)
Employee 2:
(pmn n+^al
(Svmtm°)
Employee 3:
(pint name)
(slgnalure)
STATE OF _
COUNTY OF
Sworn to and subscribed before me this _ day of 20 by
who is/are persmmally known
to me or who hawhave produced as identhcatiom
NOTARY PUBLIC— STATE OF
Type or print name:
Commission No..
(Seal) Commission Expires.
5.0
is &I JRD, vel* Lassa prapramA Page 30 of 30
Exhibit I
County of Volusia
General Conditions and Instructions
1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope or package. The Invitation to Bid
(ITB) number, titre, and opening date shall be cleady displayed on the outside of the sealed envelope or package.
The delivery of responses to the Volusia County Purchasing and Contracts Division Office prior to the specified
date and time is solely and strictly the responsibility of the Bidder. Any submittal received in the Purchasing and
Contracts Division Office after the specified date and time will not be considered.
Responses shall be submitted on forms provided by the County. Additional information may be attached to the
submittal. Facsimile or electronic submissions are NOT acceptable. No offer may be modified after acceptance.
2. BIDDER'S RESPONSIBILITY: The Bidder, by submitting a Bid, represents that:
A. The Bidder has read and understands the ITB in its entirety and that the Bid is made in accordance
therewith;
B. The Bidder possesses the capabilities, resources, and personnel necessary to provide efficient and
successful service to the County;
C. The Bidder has made all investigations and examinations necessary to ascertain site and/or local
conditions and requirements affecting the full performance of the Agreement and to verify any
representations made by the County of Volusia, Florida, upon which the Bidder will rely. If the Bidder
receives an award because of its Bid Submittal, failure to have made such investigations and
examinations will in no way relieve the Bidder from its obligations to comply in every detail with all
provisions and requirements of the Agreement, nor will a plea of ignorance of such conditions and
requirements be accepted as a basis for any claim by the Bidder for additional compensation or relief;
and,
D. The Bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates
which are discovered during the Agreement term or up to and including three (3) fiscal years following the
County's annual audit.
3. EXECUTION OF OFFER: Offer shall contain a manual signature in the space(s) provided of a representative
authorized to legally bind the Bidder to the provisions therein. All spaces requesting information from the Bidder
shall be completed. Responses shall be typed or printed in ink. Use of erasable ink or pencil is not permitted.
Any correction made by the Bidder to any entry must be initialed.
4. OPENING: Pursuant to Section 119.071, Florida Statutes, Bids or proposals ("responses") and the completed
tabulation will be available for inspection within thirty (30) days of response opening. Contact the Purchasing and
Contracts Office during regular business hours to inspect responses and the completed tabulation or go to
www.volusia.orc/bidlist for inspection of the completed tabulation. The foregoing notwithstanding, if, prior to the
County's making responses available for inspection, the County rejects all responses and concurrently provides
notice of the County's intent to reissue the solicitation, then the County may avail itself of the exemption for
rejected responses set forth in Section 119.071, Florida Statutes, to the extent such Section may apply.
In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing a special accommodation to participate in the proceedings, or an interpreter to participate in any
proceedings, should contact the County's ADA Coordinator at 386-248-1760 for assistance at least two (2)
business days before any meeting date.
Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy
Clerk by contacting the County's ADA Coordinator at 386-248-1760. Read the full ADA Notice under The
American with Disabilities Act (Title II), at www.volusia.oratcore/fileparse.php/4175/urit/ADANotice.pdf. Read the
County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
Exhibit I- ITB Ge.uW T., eM In.aWCtionx.doc Page 1 of 13
Exhibit 1
County of Volusia
General Conditions and Instructions
5. Public Records Law. Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide
Contractor with this statement and establish the following requirements as contractual obligations pursuant to the
Agreement:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 386-736-5935,
purchasingovolusia.org, by mail, Purchasing and Contracts Division, Attn:
Public Records Custodian, 123 W. Indiana Ave. Rm. 302 Deland, FL 32720.
By entering into this Agreement, Contractor acknowledges and agrees that any records maintained, generated,
received, or kept in connection with, or related to the performance of services provided under, this Agreement are
public records subject to the public records disclosure requirements of section 119.07(t), Florida Statutes, and
Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Contractor
entering into a contract for services with the County is required to:
A. Keep and maintain public records required by the County to perform the services and work provided
pursuant to this Agreement.
B. Upon request from the County's custodian of public records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement term and
following completion or termination of the Agreement if the Contractor does not transfer the records to the
County.
D. Upon completion or termination of the Agreement, transfer, at no cost, to the County all public records in
the possession of the Contractor or keep and maintain public records required by the County to perform
the service. If the Contractor transfers all public records to the County upon completion or termination of
the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion or termination of the Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of public records, in a formal that is compatible with
the information technology systems of the County.
Requests to inspect or copy public records relating to the County's Agreement for services must be made directly
to the County. If Contractor receives any such request, Contractor shall instruct the requester to contact the
County. If the County does not possess the records requested, the County shall immediately notify the Contractor
of such request, and the Contractor must provide the records to the County or otherwise allow the records to be
inspected or copied within a reasonable time.
Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be
subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to release any records
that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written
authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against
any and all claims, damage awards, and causes of action arising from the Cortractor's failure to comply with the
public records disclosure requirements of section 119,07(1), Florida Statutes, or by Contractor's failure to
maintain public records that are exempt or confidential and exempt from the public records disclosure
requirements, including, but not limited to, any third party claims or awards for attorney's fees and costs arising
Exhibit] mB General Terms and Inxhtto1 ns.do Page 2 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against
Contractor from a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this
section.
6. CLARIFICATION/CORRECTION OF ENTRYIMINOR IRREGULARITIES: The County of Volusia reserves the
right to allow for the clarification of questionable entries and the correction of OBVIOUS MISTAKES. The County
reserves the right to waive minor irregularities in Bid Submittals, providing such action is in the best interest of the
County. Minor irregularities are defined as those that have no adverse effect on the County$ best interests, and
will not affect the outcome of the selection process by giving the Bidder an advantage or benefit not enjoyed by
other Bidders.
7. QUESTIONS, EXCEPTIONS, AND ADDENDA: It is incumbent upon each Bidder to carefully examine this
solicitation's specifications, scope of work/service, terms, and conditions. Questions and exceptions concerning
any Section of this Bid shall be directed by letter, facsimile transmission or by e-mail to the Procurement Analyst
named in the ITS who shall be the official point of contact for this Bid.
Questions and exceptions shall be submitted no later than fourteen (14) days before the closing date. Thereafter,
no further questions or exceptions will be accepted or reviewed by the County and Bidders' right to submit
questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed
waived. The issuance of a written addendum is the only official method by which interpretation, clarification, or
additional information can be given and oral representations will not be binding on the County.
If it becomes necessary for the County to revise any part of this ITS, an addendum will be posted on the County's
web site. It is each Bidders responsibility to check the Volusia County web site for any addenda at
www.volusia.om. Each Bidder should ensure that they have received all addenda to this ITS before submitting
their proposal. In their proposals, Bidders must provide proof of receipt of each addendum by signing and
returning each addendum to the County. Failure to provide this proof may cause Bidder's proposal to be
rendered non -responsive. Each addendum issued by the County shall become a material part of this solicitation.
a. INCURRED EXPENSES: This ITS does not commit the County to make an award nor shall the County be
responsible for any cost or expense which may be incurred by any Bidder in preparing and submitting a reply, or
any cost or expense incurred by any Bidder prior to the execution of a purchase order or Contract/Agreement.
9. DISADVANTAGED BUSINESSES: The County Council has adopted policies, which assure and encourage the
full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The
County encourages joint ventures between majority -owned firms and qualified disadvantaged / minority / women -
owned firms.
10. LOCAL PREFERENCE: The County Council has established a policy to encourage participation of local
businesses in the prevision of goods and services. The County will endeavor to assist local businesses to
achieve this goal.
Effective January 1, 2012, Volusia County adopted a local Bid preference. A Bidder or prime contractor which
has a permanent location at least six (6) months prior to the Bid closing, as proven by a business tax receipt, as
stated in Volusia County Ordinance 2-269.5 in Lake, Orange, Osceola, Seminole or Volusia County ('Local"),
shall be granted a preference of three percent (3%) of the total Bid price or quote. A Bidder which is a prime
contractor and is utilizing subcontractors, and the Bid price or quote of the work to be performed by all
subcontractors, that qualify as a local business, constitutes fifty-one percent (51%) or greater of the total work to
be performed through subcontracting, a two percent (2/) Bid preference will apply. In the event that a prime
contractor qualifies for a preference and subcontractor qualifies for a preference, the preference shall not exceed
a total of five percent (5N). Preference shall not be given to Bids where the difference of the total Bid price or
quote exceeds twenty-five thousand dollars ($25,000.00) from the nearest competing Bid price or quote for that
solicitation or If a county listed in 2-269.5 does not reciprocate, as stated in 2-269.5, the County will not offer a
preference to this County.
Exhibit r- me General Tams and lasouclions.dx Page 3 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
This Section 10 does not apply to any purchase that is funded, in whole or in part, by an entity prohibiting local
preference by grant agreement or applicable federal, state, or local law. Solicitations for emergency purchases
subject to Section 2-275 of the Code are additionally exempt. All Bidders, including prime and subcontractors,
awarded an Agreement as a part of this process must maintain its status as a local business through the term of
the Agreement. Any Bidder, including prime and subcontractors, awarded an Agreement as a result of this
preference will be required to post any job openings for this project with the Center for Business Excellence
(CBE). Noncompliance with the requirements of this Section 10 will be deemed as a material breach and may be
subject to Agreement termination or disqualification from bidding on future projects.
11. PRICING: Unless otherwise specified prices offered shall remain firm for a period of at least ninety (90) days
from the date of bid opening prior to award; all pricing of goods shall include FOB DESTINATION, all packing,
handling, shipping charges and delivery to any point(s) within the County to a secure area or inside delivery; all
prices of services shall include all expenses necessary to provide the service at the location specified.
12. UNUSUAL COSTS: The Contractor may petition the County at any time for an additional rate adjustment on the
basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a
prudent operator and which, by all reasonable expectations, will continue for at least one (1) year. If the
Contractor petitions for such an increase, the Contractor shall also petition for a rate reduction on the basis of
extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent
operator and which, by all reasonable expectations, will continue for at least one (1) year; failure to make such
petition may be grounds for Agreement termination.
The Contractor's request shall contain substantial proof and justification to support the need for the rate
adjustment. The County may request from the Contractor, and the Contractor shall provide, such further
information as may be reasonably necessary in making its determination. The County shall approve or deny the
request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information
required by the County. Any price redetermination shall be solely based upon the documentation provided and
the County reserves the right to rescind any price relief granted should the circumstances change and prices go
down.
13. ADDITIONAL TERMS & CONDITIONS: The County of Volusia reserves the right to reject offers containing
terms or conditions contradictory to those requested in the ITS specifications.
14. TAXES: County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000-885) and Florida
sales tax (Exemption# 85-8012622393C-9). Certificates are available at www.volusia.org/purohasing. After
accessing the foregoing website, select, "Doing Business with Volusia County" and "Consumer Certificate of
Tax Exemption" from the available menu screens to see a copy of the certificates.
15. PAYMENT TERMS: Unless otherwise stated in the Special Conditions, the County will remit full payment on all
undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time
of Agreement) of the correct invoice(s) or receipt of all products or services ordered in accordance with F.S.S.
218.74
16. DISCOUNTS: All discounts except those for prompt payment shall be considered in determining the lowest net
cost for evaluation purposes. All discounts shall remain firm for the term of the Agreement
17. MEETSIMINIMUM SPECIFICATIONS: The specifications listed in the scope of service are the minimum required
performance specifications for this ITS; they are not intended to limit competition nor specify any particular Bidder,
but to ensure that the County receives quality services. The Bidder represents that all offers to this ITS shall meet
or exceed the minimum requirements specified.
18. BRAND NAME OR EQUAL: If items requested by this ITS have been identified in the specifications by a Brand
Name "OR EQUAL" description, such identification is intended to be descriptive and not restrictive and is to
indicate the quality and characteristics of products that will be acceptable. Offers proposing "equal" products will
Emibit i- rm Gen" Tams and mswaions.dee Page 4 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
be considered for award if such products are clearly identified in the offer and are determined by the County to
meet fully the salient characteristic requirements listed in the specifications.
Unless the Bidder clearly indicates in his/her offer that he/she is proposing an "equal" product, the offer shall be
considered as offering the same brand name product referenced in the specifications.
If the Bidder proposes to furnish an "equal" product, the brand name of the product to be furnished shall be clearly
identified. The evaluation of offers and the determination as to equality of the product offered shall be the
responsibility of the County and will be based on information furnished by the Bidder. The Purchasing and
Contracts Division is not responsible for locating or securing any information which is not identified in the
response and reasonably available to the Purchasing and Contracts Division. To insure that sufficient information
is available the Bidder shall furnish as part of the response all descriptive material necessary for the Purchasing
and Contracts Division to determine whether the product offered meets the salient characteristics required by the
specifications and establish exactly what the Bidder proposes to furnish and what the County would be binding
itself to purchase by making an award.
19. SAMPLES: When required, samples of products shall be furnished with response to the County at no charge.
Samples may be tested and will not be returned to the Bidder. The result of any and all testing shall be made
available upon written request.
20. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications of any supplemental
specifications as to details or the omission from same of any detailed description concerning any point, shall be
regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality
and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of
specifications shall be made upon the basis of this statement.
21. CHANGE IN SCOPE OF WORK/SERVICE:
A. The County may order changes in the work/service consisting of additions, deletions, or other revisions
within the general scope of the Agreement. No claims may be made by the Contractor that the scope of
the project or of the Contractor's services has been changed, requiring changes to the amount of
compensation to the Contractor or other adjustments to the Agreement, unless such changes or
adjustments have been made by written amendment or charge order to the Agreement signed by the
County Representative, County Director of Purchasing and Contracts, and the Contractor.
B. If the Contractor believes that any particular work/service is not within the scope of work/service of the
Agreement, is a material change, or will otherwise require more compensation to the Contractor, the
Contractor must immediately notify the County's Representative in writing of this belief. The Contractor
and County shall negotiate modifications to the Agreement in good faith and agree upon equitable
adjustment for any changes in services or other obligations required of the Contractor due to such
modifications. The Contractor must assert its right to an adjustment under this clause within thirty (30)
days from the date of receipt of the written order.
C. The County reserves the right to negotiate with the awarded Contractor(s) without completing the
competitive bidding process for materials, products, and/or services similar in nature to those specified
within this ITB for which requirements were not known when the ITS was released.
22. GOVERNING LAWS/VENUE: This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Jurisdiction over and venue for any controversies or legal issues
arising out of this Agreement shall, it in state court, be exclusively in the Th Judicial Circuit in and for Volusia
County, Florida, or, if in federal court, in the Middle District of Florida, Orlando Division. By entering into this
Agreement, Contractor and County hereby expressly waive any rights either parry may have to a trial by jury of
any civil litigation related to this Agreement, and, unless otherwise expressly provided herein, each agrees to bear
its own costs and attorney's fees relating to any dispute arising under this Agreement.
EAibir I - In G.uA Terms eM Inswai.n .d« Page 5 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
23. ASSIGNMENT: Contractor may not assign or otherwise convey Contractor's rights and/or obligations under this
Agreement without obtaining County's prior written consent, which consent County may withhold, limit and/or
condition in County's sole discretion, including, but not limited to, requiring the Contractor or his/her proposed
successor in interest to post a performance bond. Any consent by the County under this Section shall be by
written amendment to the Agreement in a form and substance specified by the County in its sole discretion. If
Contractor desires to assign or otherwise convey its rights and/or obligations under this Agreement, Contractor
shall no less than thirty (30) days prior to the assignment's proposed effective date, provide County with a written
request for County's consent. Failure to provide such notice may result in the County assessing a processing fee
of Five Hundred Dollars (US $500.00); however, payment of such fee shall not entitle the Contractor to the
County's acceptance or approval of its request for assignment.
Nothing herein shall preclude the right of the County to waive its rights under this Section but no waiver shall be
granted by the County without a written and duly executed amendment to the Agreement.
24. CONTENT OF INVITATION/RESPONSE: The contents of this ITS, all terms, conditions, specifications, and
requirements included herein and the accepted and awarded response thereto may be incorporated into an
agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements
specific to the item or service requested herein shall supersede the requirements of these "GENERAL
CONDITIONS AND INSTRUCTIONS."
25. DISCLOSURE OF BID CONTENT: All material submitted becomes the property of the County and may be
returned only at the County's option. The County has the right to use any or all ideas presented in any reply to
this Bid. Selection or rejection of any Bid Submittal does not affect this right. The County of Volusia, Florida, is
governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.).
26. LIMITATION OF LIABILITY/INDEMNIFICATION: The Contractor shall indemnify, defend and hold harmless the
County, including its districts, authorities, separate units of government established by law, ordinance or
resolution, partners, elected and non -elected officials, employees, agents, volunteers, and any party with whom
the County has agreed by contract to provide additional insured status from and against all claims, damages,
losses, and expenses, including, but not limited to attorneys fees, arising out of, resulting from, or incident to
Contractor's performance of its obligations in whole or part of this Agreement, unless such injury or damage is
occasioned solely by the fault, negligence, or willful misconduct of the County.
In all claims against County, including its districts, authorities, separate units of government established by law,
ordinance or resolution, partners, elected and non -elected officials, employees, agents, volunteers, and any parry
with whom the County has agreed by contract to provide additional insured status, and any employee of
Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be
held legally liable, no indemnification obligation shall be limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for Contractor, or any contractor, subcontractor or sub -
subcontractor thereof under Florida's Workers' Compensation acts, disability benefit acts, or other employee
benefit acts.
27. INFRINGEMENT CLAIM: For all licensed software or derivate works of the licensed software used by County
under the resulting Agreement, Contractor agrees to protect, defend, indemnify, and hold harmless County, its
agents, elected officials and employees of County from and against any and all claims, demands, actions, and
causes or action which may arise asserting that all or any part of Contractor's licensed software or applications
that are owned and licensed by Contractor to County for use thereof by County, infringes or misappropriates any
third party's valid state patent, copyright, trademark, or any trade secret protected under United States law. In the
event of an infringement claim, Contractor shall have the option: (i) to procure for County the right to continue
using any product or service found to be infringing; (it) to replace any such infringing product or service with a
non -infringing product or service; or (III) to modify such infringing product or service to make it non -infringing.
Contractor shall have no obligation under this Section 27, if the Infringement Claim is based upon the use of the
system in combination with other hardware or software applications not furnished by Contractor, or if such a claim
arises from County's modification of the system without the authorization of Contractor.
Exhibit r - ME General Tom, and maven+on. me Page 6 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
28. SOVEREIGN IMMUNITY: County expressly retains all rights, benefits and immunities of sovereign immunity in
accordance with Section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any Section
of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity or limits of
liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or
may be adopted by the Florida Legislature and the cap on the amount and liability of the County for damages,
regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by
the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third parry for the purpose of
allowing any claim against the County, which claim would otherwise be. barred under the doctrine of sovereign
immunity or by operation of law.
29. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier/provider, without exception, shall indemnify and save
harmless the County of Volusia, its officers, agents and employees from liability of any nature of kind, including
cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process,
or article manufactured or used in the provision of goods and/or services, including use by the County of Volusia.
If the supplier/provider uses any design, device, or materials covered by letters, patent, copyright, or registration,
it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs
arising from the use of such design, device, or materials in any way involved.
30. USE OF COUNTY LOGO: The County owns and retains all proprietary rights in its logos, trademarks, trade
names, and copyrighted images (Intellectual Property). As such, nothing in this solicitation permits or shall be
construed as authorizing Bidder to use or display County's Intellectual Property on Bidder's submittal documents
or proposal (including any exhibits attached thereto) submitted to County by or on behalf of Bidder in response to
this solicitation. The County has the right to redact the County Logo displayed on any proposal submitted.
31. TRAINING: Unless otherwise specified suppliers/providers may be required at the convenience of and at no
expense to the County to provide training to County personnel in the operation and maintenance of any item
purchased as a result of this ITS.
32. ACCEPTANCE: Products purchased as a result of this ITS may be tested for compliance with specifications.
Items delivered not oonforning to specifications may be rejected and returned at Bidders expense. Those items
and items not delivered by the delivery date specified in accepted offer and/or purchase order may be purchased
on the open market. Any increase in cost may be charged against the Bidder.
33. SAFETY WARRANTY: Any awarded Contractor including dealers, distributors, and/or manufacturers shall be
responsible for having complied with all Federal, State, and local standards, regulations, and laws conceming the
product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or
date in service including safety and environmental standards as apply to both private industry and governmental
agencies.
34. SAFETY: The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of
the methods employed by the Contractor in performing the work. The Bidder shall at all times comply with the
regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable
state labor laws, regulations, and standards. The Contractor shall indemnify and hold harmless the County from
and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which
may be imposed on the County because of the Contractor, Subcontractor, or supplier's failure to comply with the
regulations.
35. WARRANTY: The Bidder agrees that, unless otherwise specified, the product and/or service furnished as a
result of this ITS and award thereto shall be covered by the most favorable commercial warranty the Bidder gives
to any customer for comparable quantities of such products and/or services and that the right and remedies
provided herein are in addition to and do not limit any rights afforded to the County of Volusia by any other
provision of the ITB/offer.
36. AWARD: The County reserves the right to award the Agreement to the Bidder(s) that the County deems to offer
the lowesttmost responsive and responsible Bid(s), as defined the solicitation. The County is therefore not bound
E. ibn r - rm Ge.end Tm ,end m.uuctionsAoc Page 7 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
to accept a Bid based only on lowest price. In addition, the County has the sole discretion and reserves the right
to cancel this ITB, to reject any/all Bids, to waive any/all informalities and/or irregularities, or to re -advertise with
either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so.
Nothing prohibits the County from rejecting / rebidding when responses exceed budget and the County must
change the solicitation to lower costs. The County also reserves the right to make multiple awards based on
experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in
the County's best interest or award only a portion of the solicitation.
37. OTHER AGENCIES: All Contractors awarded Agreements from this Bid may, upon mutual agreement, permit
any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and
conditions, I agreed to by both parties. It is understood that at no time will any city, municipality, or other agency
be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or
agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that
each agency will issue its own purchase order to the awarded Contraclor(s).
38. FOB DESTINATION: The F.O.B. point for this Agreement and for all purchases made under it shall be as
specified by the using department (in accordance with the Bid Submittal Form), in Volusia County, Florida.
Delivery will not be complete until the using department has accepted each item. Delivery to a common carrier
shall not constitute delivery to the ordering agency. All disputes shall be between the Contractor and the carrier.
39. SPECIAL CONDITIONS: County facilities are administrative facilities that provide services to the Volusia County
public and any agencies that It serves. As such, activities in all buildings are critical to the provisioning of services
to the public and shall not be interrupted by the Contractor's work activities.
40. LICENSES, CERTIFICATES, AND PERMITS
A. The County reserves the right to require proof that the Bidder is an established business and is abiding by
the ordinances, regulations, and laws of their community and the state of Florida, such as but not limited
to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers
Identification Number, Registration with the Florida Department of State, Division of Corporations' Sunbiz
at www.sunbiz.orc, AND;
B. The Bidder shall be required, upon notification of recommendation of award, to register with the Florida
Department of State Division of Corporations at www.sunbiz.org in order to provide services under the
resulting Agreement.
C. If a license is required, the Bidder shall be licensed to perform the required work in accordance with the
laws of the State of Florida and local ordinances. Bidder shall also verify that his/her subcontractors are
licensed to perform the work in accordance with the laws of the State of Florida and local ordinances.
41. RECORDS & RIGHT TO AUDIT: County shall have the right to audit the books, records, and accounts of
Contractor and its Subcontractors that are related to the resulting Contract. Contractor and its Subcontractors
shall keep such books, records, and accounts as may be necessary in order to record complete and correct
entries related to the resulting Contract. Contractor shall preserve and make available, at reasonable times for
examination and audit by County, all financial records, supporting documents, statistical records, and any other
documents pertinent to this Contract for a retention period of five (5) years after completion or termination of the
Contract, and any renewals, as required by Item 65, General Records Schedule GSI-SL for State and Local
Government Agencies, effective February 19, 2015 and the Florida Public Records Act (Chapter 119, Florida
Statutes). Contractor shall, by written Contract, require its Subcontractors to agree to the requirements and
obligations of this Section 40 Audits will be subject to applicable privacy and confidentiality laws and regulations
and Contractor's privacy and confidentiality policies and procedures.
42. CLAIM NOTICE: The Contractor shall immediately report in writing to the County's designated representative or
agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned
herein. The Contractor agrees to cooperate with the County in promptly releasing reasonable information
ENrbb I - ITB Genasl Teem. and InswcYims.doc Page 8 of 13
LF2
Lo
Exhibit I
County of Volusia
General Conditions and Instructions
Periodically as to the disposition of any claims, including a resume of claims experience relating to all Contractor
operations at the County project site. The designated representative for the County shall be:
Name:
County of Volusia, Florida
Personnel/Risk Management Division
Address:
230 North Woodland Boulevard, Suite 250
Deland, Florida 32720
Telephone:
386-736-5963
Fax:
386-822-5006
WAIVER OF CLAIMS: Once this Agreement expires, or final payment has been requested and made, the
awarded Contractor shall have no more than thirty (30) calendar days to present or file any claims against the
County conceming this Agreement. After that period, the County will consider the Contractor to have waived any
right to claims against the County concerning this Agreement.
COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor shall be responsible to know and to apply all
applicable federal and stale laws, all local laws, ordinances, rules, regulations, and all orders and decrees of
bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect
the conduct of the work. Contractor shall observe and comply with all such laws, ordinances, rules, regulations,
orders, and decrees for all work or services performed under this Agreement. The Contractor shall protect and
indemnify County and all its officers, agents, servants, or employees against any liability or claim made against
the County arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree
caused or committed by Contractor, its representatives, Subcontractors, sub -consultants, professional associates,
agents, servants, or employees.
At time of Bid submittal, Contractor shall hold the required licensure to be the prime Contractor for all work to be
performed under the resulting Agreement. If Contractor proposes to use a Subcontractor or sub -consultant to
perform any work under the resulting Agreement such subcontractor and/or sub -consultant shall, at the time of
Bid submittal, hold the required licensure for all work to be performed under the resulting Agreement as a
subcontractor and shall maintain such licenses) in full force and effect during the term of the resulting
Agreement. All licenses and permits required to perform Contractor's duties under the resulting Agreement
whether such license or permit is required by the federal government, State of Florida, Volusia County, or any
municipality, shall be at Bidder's sole cost and expense, and shall not be a cost of the County. All required
licenses and permits shall be maintained in full force and effect during the term of the resulting Agreement.
45. MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW: The County shall have the power to
make changes in the Agreement as the result of changes in law and/or ordinances of Volusia County to impose
new rules and regulations on the Contractor under the Agreement relative to the scope and methods of providing
services as shall, from time to time, be necessary and desirable for the public welfare. The County shall give the
Contractor notice of any proposed change and an opportunity to be heard concerning those matters. The scope
and method of providing services as referenced herein shall also be liberally construed to include, but is not
limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. In the
event any future change in Federal, State or County law or the ordinances of Volusia County materially afters the
obligations of the Contractor, or the benefits to the County, then the Agreement shall be amended consistent
therewith. Should these amendments materially alter the obligations of the Contractor, then the Contractor or the
County shall be entitled to an adjustment in the rates and charges established under the Agreement. Nothing
contained in the Agreement shall require any party to perform any act or function contrary to law. The County and
Contractor agree to enter into good faith negotiations regarding modifications to the Agreement, which may be
required in order to implement changes in the interest of the public welfare or due to change in law. When such
modifications are made to the Agreement, the County and the Contractor shall negotiate in good faith, a
reasonable and appropriate adjustment for any changes in services or other obligations required of the Contractor
directly and demonstrably due to any modification in the Agreement under this clause.
E.einn I - me Gaunt Tame aye mxwcuoas.d« Page 9 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
46. RIGHT TO REQUIRE PERFORMANCE:
A. The failure of the County or Contractor at any time to require performance by the other of any provision
hereof shall in no way affect the right of the County or Contractor thereafter to enforce same, nor shall
waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any
succeeding breach of such provision or as a waiver of any provision itself.
S. In the event of failure of the Contractor to deliver services in accordance with the Agreement terms and
conditions, the County, after due written notice, may procure the services from other sources and hold the
Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall
be in addition to any other remedies that the County may have.
47. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations
under the Agreement to the extent such failure or delay necessarily results from the occurrence of a Force
Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to,
compliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of
this Agreement, acts of God, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars,
riots, transportation problems, and/or any other unforeseeable cause whatsoever beyond the reasonable control
of the parties (and such cause being referred to as a "Force Majeure Event"). Accordingly, the parties further
agree that:
A. Upon the occurrence of Force Majeure Event, the non -performing party shall be excused from any further
performance of those obligations under this Agreement that are affected by the Force Majeure Event for
as long as (a) the Force Majeure Event continues; and (b) the non -performing party contnues to use
commercially reasonable efforts to recommence performance whenever and to whatever extent possible
without delay.
B. Upon the occurrence of a Force Majeure Event, the non -performing party shall notify the other party of
the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the
parry's performance of its obligations and duties pursuant to this Agreement. Such notice shall be
delivered or otherwise communicated to the other parry within two (2) business days following the failure
or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay lt the
Force Majeure Event precludes the non -performing party from providing notice within such time period.
C. In the event of a Force Majeure Event, the time for performance by the parties under the applicable
statement of work shall be extended for a period of time equal to the time lost by reason of such cause
through execution of a Change Order pursuant to the terms of the Agreement.
48. CONTRACTOR'S PERSONNEL: During the performance of the Agreement, the Contractor agrees to the
following:
A. The Contractor shall not discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide
occupational qualification reasonably necessary for the normal operations of the Contractor. The
Contractor agrees to post in conspicuous places, visible to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, shall state that such Contractor is an Equal Opportunity Employer;
B. The Contractor shall be responsible for ensuring that its employees, agents, and subcontractors comply
with all applicable laws and regulations and meet federal, state, and local requirements related to their
employment and position;
EON, I - ITB General Teems and Insuuciion A. Page 10 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
C. The Contractor certifies that it does not and will not during the performance of the Agreement employ
illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act
of 1986, as amended;
D. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall
be deemed sufficient for the purpose of meeting the requirements of this Section 48;
E. The Contractor shall include the provisions of the foregoing paragraphs A, B, C, and D, above, in every
subcontract or purchase order so that the provisions will be binding upon each Contractor;
F. The Contractor and any Subcontractor shall pay all employees working on this Agreement not less than
minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended;
G. Any information concerning the County, its products, services, personnel, policies, or any other aspect of
its business learned by the Contractor or personnel furnished by the Contractor in the course of providing
services pursuant to the Agreement and exempt from disclosure pursuant to Section 119.01, F.S., shall
be held in confidence and shall not be disclosed by the Contractor or any employee or agents of the
Contractor or personnel furnished by the Contractor, without the prior written consent of the County; and
H. Both Contractor and Subcontractors awarded an Agreement as a result of Section 10 Local Preference,
shall register all open positions related to this Agreement with the Center for Business Excellence (CBE),
and submit appropriate affidavit (see Special Conditions Section 11.0 and 12.0) showing compliance.
49. COUNTY/CONTRACTOR RELATIONSHIP:
A. Any awarded Contractor shall provide the services required herein strictly under a contractual relationship
with the County and is not, nor shall be, construed to be an agent or employee of the County. As an
independent Contractor the awarded Contractor shall pay any and all applicable taxes required by law;
shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair
Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all
relevant employment laws. The Contractor shall be responsible for all income tax, FICA, and any other
withholdings from its employees' or Subcontractor's wages or salaries. Benefits for same shall be the
responsibility of the Contractor including, but not limited to, health and life insurance, mandatory Social
Security, retirement, liability/risk coverage, and workers' and unemployment compensation.
B. The Contractor shall hire, compensate, supervise, and terminate members of its work force; shall direct
and control the manner in which work is performed including conditions under which individuals will be
assigned duties, how individuals will report, and the hours individuals will perform.
C. The Contractor shall not be provided special space, facilities, or equipment by the County to perform any
of the duties required by the Agreement, nor shall the County pay for any business, travel, or training
expenses or any other Agreement performance expenses not explicitly set forth in the specifications.
D. The Contractor, except as expressly set forth herein, shall not be exclusively bound to the County and
may provide professional services to other private and public entities as long as it is not in direct conflict
and does not provide a conflict of interest with the services to be performed for the County.
50. DISOUALIFICATION OF BIDDERS: One (1) Bid: Only one (1) Bid submittal from an individual firth, partnership
or corporation under the same or under different name will be considered. If a Bidder submitted more than one
(1) Bid for the work involved, all Bids submitted from such Bidder will be rejected. Collusion among Bidders: If it
is believed that collusion exists among the Bidders, the Bids of all participants in such collusion shall be rejected
and no participants in such collusion will be considered in future proposals for the same work.
51. DEBARMENT: Purpose and Intent. The county endeavors to solicit offers from, award contracts to, and
consent to subcontracts with responsible vendors and contractors only. To further this policy, the county asserts
Exhibit 1- M General Te., and Page 11 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
its authority to debar certain vendors and contractors from participating in solicitations pursuant to the policies and
procedures herein. The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the county's protection and not for purposes of punishment. Debarment is intended as a
remedy in addition to, and not in substitution of, the evaluation of the responsibility of county vendors and
contractors, and this policy and the procedures provided for herein shall not supplant or supersede county s
authority to reject or otherwise terminate vendors or contractors based on findings of non -responsibility on a case -
by -case basis. Further information regarding the County's policies and procedures in regards to DEBARMENT
may be found at httos,/Aw volusia orc/corelfileparse oho/5895/urlt/Debarment-Policy-final-3-27-17 w
52. For purposes of this ITS and evaluation of responses hereto the following shall apply: unit prices shall prevail
over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail
over Arabic numerals ("one" over 1"). When not inconsistent with context words used in the present tense
include the future, words in the plural number include the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory and not merely directory.
53. DISPUTE RESOLUTION
Good Faith Efforts to Resolve. The parties to this Agreement shall exercise their best efforts to negotiate and
settle promptly any dispute that may arise with respect to this Agreement in accordance with the provisions set
forth in this Section 53, Dispute Resolution. The Contractor and County Project Manager shall use reasonable
efforts to arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and
places, to address and work toward resolution of issues that arise in performance of this Agreement and any
applicable statement of Work or Services. Issues shall be escalated to successive management levels as
needed.
Informal Dispute Resolution. If a dispute develops between the parties concerning any provision of this
Agreement, or the interpretation thereof, or any conduct by the other party under these agreements, and the
parties are unable to resolve such dispute within five (5) business days or longer, that party, known as the
Invoking Party, through its applicable Project Manager, shall promptly bring the disputed matter to the attention of
the non -Invoking Party's Project Manager or designated representative, as the case may be, of the other parry in
writing ("Dispute Notice") in order to resolve such dispute.
Discovery and Negotiation / Recommended Procedures. Upon issuance of a Dispute Notice, the Project
Managers or designated representative shall furnish to each other all non -privileged information with respect to
the dispute believed by them to be appropriate and germane. The Project Managers shall negotiate in an effort to
resolve the dispute without the necessity of any formal proceeding. If such dispute is not resolved by the Project
Managers or designated representative within five (5) County Work Days of issuance of the Dispute Notice, or
such other time as may be mutually allowed by the Project Managers as being necessary given the scope and
complexity of the dispute, the Project Managers may, depending upon the nature, scope, and severity of the
dispute, escalate the dispute as indicated below:
10 Contractor's Project Manager County's Project Manager
10 Contractor's Sr. Vice President of Sales Director of Purchasing and Contracts
20 Contractor's COO or President Deputy County Manager
Formal Dispute Resolution. At any point after issuance of a Dispute Notice under this section, either party may
request and initiate formal non -binding mediation before a single mediator, which mediation shall be completed
Ea ibil 1- na General T., and M.cri..A. Page 12 of 13
Exhibit I
County of Volusia
General Conditions and Instructions
within thirty (30) days of initiation or such longer time as may be agreed upon by both parties as being necessary
for the mutual selection of a mediator and scheduling of such mediation. Any such mediation shall be convened
and conducted in accordance with the rules of practice and procedure adopted by the Supreme Court of Florida
for court -ordered mediation, Rule 1.700 et seq. of the Florida Rules of Civil Procedure, and Chapter 44, Florida
Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to
finalize any pending termination remedies and commence litigation in a court of competent jurisdiction. Each
party shall bear its own costs and attorney's fees for mediation or arbitration of an issue arising under this
Agreement.
Riahtto Terminate Reserved Regardless of the dispute resolution procedures provided for in this Section 53,
Dispute Resolution, nothing herein shall affect, delay, or otherwise preclude a party from terminating this
Agreement in accordance with the provisions of Special Conditions Termination it being understood that these
dispute resolution procedures are intended as a means of resolving disputes both during the term of this
Agreement and after termination or expiration thereof.
Exhibit I. rm General Tams and Nsvucrione.do Page 13 of 13
The Bancorp Ad ........05t t IIl,r
xu w Irz�
THE BANCORP
"STANDARDS OF ACCEPTANCE" theba,rcorp.com
LEASE RETURNS
When you return your vehicle, you will be required to cover the cost of "excessive wear and tear" to the
vehicles, exterior or interior damages and excess mileage. For your convenience, we have condensed
the description of items for which you might be charged. Please note that every effort will be made to
minimize costs through reconditioning, touch up, painless dent repair, wet sand, filling holes, etc.
0- Vehicle must be structurally, mechanically sound and in saleable condition.
EXPLANATION OF EXTERIOR DAMAGE
The following are several types of exterior damage for which you are responsible when you turn in your
vehicle. The cost for these repairs will vary as each situation is different. Repairs, if needed, will be
made using current automotive wholesale industry standards. Body damage will be repaired at the
lowest bid with a minimum of two (2) estimates, including pictures. Body damage exceeding $300.00,
contact will be made with the Lessee prior to repairs.
Dents over 1" in length located on the hood, roof, trunk lid or on the top edges of all fenders.
O Multiple dents located on a single panel.
4 General body damage, rusted areas, large dents, deep or keyed scratches, multiple chips in paint
located in a single area, damaged trim components, mismatched paint, etc.
G Note: As most repairs can be made by buffing, touching up or pulling dents using a paintless
dent method, paint work is not always needed.
4 All glass including windshield will be inspected for stone chips w/crack, scratches etched into
glass, multiple chips, stress cracks of any kind or broken glass. Windshield will be replaced if any
of the above is located In the line of site of the driver. Repairs, when possible, will be made to
all other issues using current Industry standards for glass repair.
INTERIOR DAMAGE
You will be billed for any tears, cuts, holes, etched in stains or burns on any interior surface.
LOST ACCESSORIES
The replacement cost of missing components such as, radio, spare tire, key fob, etc.
EQUIPMENT REMOVAL
Damage caused by the removal of added equipment to dashboard, center console, door panels,
headliner, headlamps, tail lamps, bumper covers, grilles, fenders, roof, etc.
TIRES
Tires with less than 4/32" tread at shallowest grove or bald, cupped or mismatched tires will be replaced
and billed to you at manufacturer's fleet discount prices.
The Bancorp
Maintenance Terms
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The County Is responsible to follow manufactures recommended service schedules and have
them completed throughout the term of the lease.
The County is responsible for determining when the vehicle is due for service according to the
manufactures mileage or time requirements. ,
The Bancorp is responsible for providing location for PM maintenance service throughout the
term of the lease, which are due every 7,500 miles as described in corresponding manufactures
manual under service and Maintenance. Covered items include Lube, Oil & Filter change, Tire
rotations, inside cabin filter and engine air filter, etc.
The County is responsible for all other Items such as tires, alignment, brakes, rotors, calipers,
suspension, wipers, tow -in, engine, transmission, AC, cooling system, computers, radio, etc.
The County is responsible for scheduling warranty repairs through nearest corresponding dealer
for items such as factory malls or to correct defects in material or workmanship of all parts and
components throughout the term of the lease.
Factory Warranty Policy
Basic Bumper to Bumper Warranty
Basic Powertmin Warranty
Chevrolet
3 years / 36,000 miles
5 years / 60,000 miles
Roadside Assistance
1-800-243-8872
Chrysler
3 years / 36,000 miles
5 years / 60,000 miles
Roadside Assistance
1-800-521-2779
Dodge
3years /36,D00 miles
5 years / 60,000 miles
Roadside Assistance
1-800-521-2779
Ford
3 years / 36,000 miles
5 years / 60,000 miles
Roadside Assistance
1-800-241-3673
GMC
3 years / 36,0DO miles
5 years /60,000 miles
Roadside Assistance
1-888-881-3302
Jeep
3 years / 36,000 miles
5 years / 60,000 miles
Roadside Assistance
1-900-521-2779
Me
5years /60,000 miles
30 years/100,000 miles
Roadside Assistance
1-800-333-4542
Nissan
3 years / 36,000 miles
5years /60,000 miles
Roadside Assistance
1-877-647-6291
RAM
3 years / 36,000 miles
5years /60,000 miles
Roadside Assistance
1-800-521-2779
7oyaca
3years /36,000 miles
5years /60,DOD miles
Roadside Assistance
1-g00-444-4195
Memorandum of Authority
• � i
•..� y - rll�I
Company Nome 6 Rtl6ess
Re:
&d Noma/Number
I, DGSra-E VEZJAlq ,VIDE H of Tllf UUM hereby authorize:
Nomaofofrcer Officer Title Compaw Name
aaJeJN 4+I1-?aJ vla owS71par
Name title /`^j4ZWeSV*AW
to act on our behalf in all matters relating to for the
Bid Name
County of Volusia, including all documents relating to the submission of the ITB.
The authorization is valid until further written notice from IVfi 4W&"
Company Nome
BUDGET AND ADMINISTRATIVE SERVICES
Purchasing and Contracts
123 West Indiana Avenue - Reom 302 - DeLmrd, FL 327204M
phone: 300.7306835 • Fsec 380 730-W72
e-mail: apurciin volusigor • www Velnsa.ory
July 20, 2018
Subject: ADDENDUM NO. 1 to ITB No. 18-&I I/JRD, "Vehicle Lease Program"
This addendum is being issued to clarify questions and make changes to the Invitation to Bid (M). This document
and all changes, as listed below, shall become an integral pan of the ITS and shall take precedence over whet was
previously stated in the ITS document.
QI- In regards to Section 1.2 Maintenance, Letter F:
The bid states "Vendor provided maintenance shall include, but is no limited to, thenilrag of, tines, wiper
blades, and fluids.'
This wording is open to an endless cost of items. Rana such as tires should not need m be replaced unless
damaged or warrantied by the manufacturer for defects, and typically only need to be routed in the first
couple years of service. In order to determine a cost effective maintenance program we can only go by the
manufactures recommended service intervals.
Can maintenance be defined to follow Manufacturer Recommended Service Intervals?
AL Section 12 Maintewnw.I suer F shall now read as follows:
Bidders shall provide pricing for vehicles both with maintenance, and without maintenance on Attachment A
- Pricing Form. Vendor provided maintenance shall include basic warranty coverage and any manufacture
reenmmended maintenance. Vender provided maintenance shall be accomplished by mutually agreeable
outside vendor or in-house ficei nuintenancc unless coverage is provided by a factory wananty service policy
(a copy of factory warranty policy is required with the bid response). For vehicle pricing without vendor
provided maintenance- the routine maintenance shall be the responsibility of the Volusia ('manly Sheriffs
Office.
Please sign and Mach this addendum to your bid submittal. If you have any questions regarding this information,
Z
contact Joh1n Duckworth, Procurement Analyst 11, at 386422-5792 o P lyskWi sky, CP r -
ActivityProjectManager A / PWjhf
Vendor:
Signed by (NameyPnsition): r sw r n.-r+r—p-•r
Phone No.: ��.153 /3 Date: �O
FAIW RE TO RETURN THIS ENTIRE ADDENDUM WITH THE BID SUBMITTAL MAY
CAUSE- THE SUBMISSION TO BE RENDERED NON-RESPONSIVR.
ae.w" 3 w
VoluoOamAB County
PL
BUDGET AND ADMU4ISTRATIVE SERVICES
Purchasing and C'anlraers
123 West Indiana Avenue • Room 302 • Deland, FL 327204608
Phone: 386-735-5935 • Fax: 386-736-5972
e-mail: ourch esinicavolus a um -craw vdusia.om
July 27, 2019
Subject: ADDENDUM NO.2 to ITS No.18-B.114.1RD, "Vehicle Lease Program"
This addendum is being issued to clarify questions and make changes to the Invasta. to Bid 11173). This document
and all clmngeq as listed below, shall become an integral put of the ITS and shall take precedence over what was
previously stated Ira the ITS ductunent.
QI. Manufacturers typically increase their pricing HM11311Y by npp=ima¢ly 3% assuming the body style is not
redesigned fs it acceptable to guarantee that we will not adjust the vehicle price by mom than 3%on an amoral
h;wis?
AL Pricing .shall not he adjusted except as oliowed in bid document Union 2.11 Price Redetemonations and
Exhibit I - lam 12. Unusual Costs. PerSeawtr 1.1 Specificafirms, Leiser K, "Pricing Foreacheluavof sch"eas
shall remain Bnn forduration of the .Aamcromi Individual models shall not be priced separately within each
class". Respsmdi shall submit set pricing, which shall remain fine fa Ne domtian of she Agreement, taking
into account anacasts. including estimated annuil oanufmaurer increases.
Q2. Government entities qualify fa incentives from the meaufectemrs that arc much larger than those for typical
commercial Beet. To qualify for thew incentives, the manufacturers require that you hold the vehicle for a
certain length of time (typically at least Six montlLS), Is VOIUMa County willing to nice these hold tines so
that Ihcy can qualify for,he rebates'
A2. Yen,
Q3. The ITS has certain vehicles listed tat require ohernsarket. Dues Volmia County have the specifics of tam
afienawket equipmmn needed? Dan, Volusia County know the cog? Would you like the chat incl Wed in our
proposal. or would you be paying fa that separately? If it is to be included in to proposed, we would need the
exact spaificminro required,
A3. Any aftcnmrket items, such as at boxes, would be priced and paid fur separately.
Q4• The I IS seems se have con(icting information with nganls to physical damsge(comprehensive add collision)
coverage. Would Valium County want to see a monthly in far this service?
A4. Yes. Please provide pricing for this optional covet age. if available. Respondents most use the revised bid
submittal form, posted separately as an Excel spreadsheet. in, Attachment A - Pricing Poem - Revisimr L
Failure to submit pricing an Atauhmem A - Pricing Form - Revision 1 may caus, e. the bid submilml m be
deemed man ossporsxice.
Q5. Section 1.1 F states 4<yltmler vehicles shall not be considered. However, many sedans no ]roger cone with
a V6 option, As a result, will a sedan with an Eeulloc at or Tudio cagha be considered?
AS. If a V6 opt'. is not availahlc from the oonuraourtr, an Fxalmost or turbo engine will be considered.
Q6. The ITB in Section I. LG mks for 44 vehicles, but pricing sheet references 4x9s, as, well. Which is desired?
A6. Pleb provide prtdng for both. Respandena most use the revised bid aubmi tal fare. passed separately as an
Bred spreadsheet, as Atmchmam A -Pricing Form - Revision I. Failure to submit Pricing on .Anachnwnt A
.wr.w"..y.,
1 sir 3
—Yrking Form - Revision I may came BK bid submittal m be deemed tan-msponsive.
Q7. The pricing sheet efem oes cutaways and box Imeks, but Secdon I.I .0 does not. Please clarify if these arc
needed.
A7. Please provide pricing if avai lable.
()&. The ITB indicates that all body mpoir must be cornpletM at u County contracted vendor at County eonuncted
cores. What is this current labor ram and Mac discount schedule for the County contracted veMurt? Cut the
County disclose who the veni are. as they my almudy be approved vendors for Our vNticles:' Will the
f:mnty :dluw vehicles us Is- sepuircd at venm s etamrcted facilities provided the labof cotes and pens
JiscOums no at or below the County contracted rates"
AS. A list of venM1as including prcingA attached In this Addendum. The County will allow the we of the vendor's
rent n,clol facititic%as lung m the pricing is at or below the County contracted rates If the vedor's anttracled
I'auilitq is ewsL the Couny will require pickup end delivery tdfrom the Cant''s facifid".
Please sign and attach this addendum to your bid submittal. If you have any gneniosrs reaardirg this infOrnudion.
pleasm
contact Inhn Duckworth, Prrnn¢ersnt Analyst rl, at 386-822-5792
Ufd ukunnhm'culus see.
Pamela Wilsky, CP
Activity PmjW Munagcr
Ftsi
Vendo,.
Phase No.:
Dee: : / 1a
FAILURE TO RETURN THIS ENTIRE ADDENDUM WIITI THE BID SUBM TfAL MAY
CAUSE THE SUBMISSION TO BE RENDMIED NONRESPONSIVE.
M Kin:l
2 afJ
Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida
TN$YKBI BJS fp46 T. Rsoelp,Is naddlRn W.WWMY OIMyGMB(b%f60uVW Ity bwW munlOpN cod... BUVMa9M eR auCfBCIbr6(JJNWn e12ob,19, N.1tft 91001.
bw1NBiNnUas. Tnla reap, YMb6om Ocbber1MraPh Sable ., 300Ia V Year DMInyuxppnat, Is tided Octob, t.
201E EXPIRES 913012019 31000016229
3100 SVC-CARLEASING $4000 20 EMPLOYEES; 3207 AUTO SALES $30,00 1 EMPLOYEE
TOTALTAx $70.00
PREVIOUSLYPAID $70.B0
TOTAL DUE $000
3755 PARK LAKE ST
A-ORL NDO,32503
PAID: $70.00 2502-041BSB1a SIS m
VEZINADESIREE
THE BANCORP BANK
VEZINADESIREE
3755 PARK LAKE ST
ORLANDO R 32803
M,. Raft Ie OaFJeI y tie siad by he Thu C09e 1..
Scott Randolph, Tax Collector Local Business Tax Receipt Orange County, Florida
Tills) bOa WleaptbInWdl0nbaM"Inesudenya wRxR lu bybwwinwl Sadinsnce.Buslnwc0cerasubedtosiiMwn M20nln9, nandand01.hs,
ewlul eullwillea. Tic reEeUl N vend ham CrdOMr 1 Ye008h Seplembe, 30 d,.ce3A yeu 0e3neuartl P•MKy N atlbd Dcbber 1
2017 EXPIRES 9130120'18 3100-0016229
3100 SVC-CAR LEASING 340.0D 11 EMPL DSALES $30.00 1 EMPLOYEE
for L
L 4 �
EXHIBIT II INSURANCE REQUIREMENTS 18-B-114JRD
1. Required Types of Insurance
The Contractor shall purchase and maintain at its own expense, during the term of the
Agreement, the types and amounts of insurance with limits no less than those shown
below, in the form and from companies satisfactory to the County are detailed in Figure 1
below. Figure 1 is a listing and general summary of insurance policies required and is not
intended to be comprehensive as to the requirements of each specific policy. Contractors
shall review the additional requirements in this Exhibit It and ensure that the insurance
policies comply with the specific terms and conditions therein.
Fieure l:
TYPE OF INSURANCE
WORKERS COMPENSATION
® Waiver of Subrogation
Florida Statutory Coverage
GARAGE LLIBLITY
EACH OCCURRENCE
$ 1,000,000
® Occurrence Basis
® Blanket Contractual Liability
GENERAL AGGREGATE
$ 2,000,000
Premises -Operations
$ 1,000,000
® County Additional Insured
® Waiver of Subrogation
® Coverage Symbol 21 (Any Auto)
Products & Completed Ops
$1,000,000
Personal & Adv Im.
$1,000,000
Fire Damage
$
GARAGEKEEPERS LEGAL LIABLITY
Per Location
$ 500,000
® Direct Primary
® Contractor responsible for deductible
® Coverage Symbol 30 (Autos left with you for Service,
Repair, Storage or Safekeeping)
CANCELLATION: Thirty (30) days written notice of cancellation is required to the Certificate Holder:
Certificate Holder:
County of Volusia
Purchasing & Contracts Division
123 W. Indiana Avenue, Room 302
DCLand,FL 32720
ATTN: John Duckworth
A. For the purposes of indemnification of the County or an endorsement or insurance
coverage under this AgreemenUContract under which the County is a "named
insured", "additional named insured", or "additional insured", the term "County"
includes the County of Volusia (a body corporate and politic and a subdivision of
the State of Florida), including its districts, authorities, separate units of
government established by law, ordinance or resolution, partners, elected and
non -elected officials, employees, agents, volunteers, and any party with whom the
County has agreed by contract to provide additional insured status.
Exhibit 11 -Insurance Rod inewents 12-28-17.dmx I of S
EXHIBIT II INSURANCE REQUIREMENTS 18-8-114JRD
B. Claims Made Basis Insurance Policies. All insurance policies written on a Claims
Made Form shall maintain a retroactive date prior to or equal to the effective date
of the Agreement. The Contractor shall purchase a Supplemental Extended
Reporting Period ("SERP") with a minimum reporting period of not less than three
(3) years in the event the policy is canceled, not renewed, switched to occurrence
form, or any other event which requires the purchase of a SERP to cover a gap in
insurance for claims which may arise under or related to the Agreement. The
Contractor's purchase of the SERP shall not relieve the Contractor of the obligation
to provide replacement coverage. In addition, the Contractor shall require the
carrier immediately inform the Contractor, the County Risk Manager, and the
Purchasing and Contracts Division of any contractual obligations that may alter its
professional liability coverage under the Agreement.
C. Risk Retention Groups and Pools. Contractor shall not obtain an insurance policy
required under this Agreement from a Risk Retention Group or Pool.
D. Minimum Required Policies and Limits. Minimum underlying policies, coverages,
and limits shall include all policies listed in Figure 1.
E. Additional Insured Policies Coverages Limits Primary and Non -Contributory
Basis. Under all insurance policies where the County is required to be an additional
insured, the coverage and limits provided to the County under Contractor's
insurance policies shall be that listed in Figure 1 or the Contractor's actual limits,
whichever is higher. All coverage provided to the County as an additional insured
by said policies shall be primary and shall not be additional to or contributing with
any other insurance carried by or for the benefit of the County with any other
insurance available to the County. The Contractor shall utilize ISO Form CG 20 38
04 13 or equivalent to provide additional insured status to the County and any party
to whom the County is contractually bound to provide additional insured status
under a commercial general liability policy.
F. If the services provided require the disposal of any hazardous or non -hazardous
materials off the job site, the disposal site operator must furnish a certificate of
insurance for Pollution Legal Liability with coverage for bodily injury and property
damage for losses that arise from the facility that is accepting the waste under the
Agreement.
G. Workers' Compensation. Workers' Compensation insurance is required for all
employees of the Contractor, employed or hired to perform or provide work or
services under the Agreement or that is in any way connected with work or services
performed under the Agreement, without exclusion for any class of employee, and
shall comply fully with the Florida Workers' Compensation Law (Chapter 440,
Florida Statutes, Workers' Compensation Insurance) and include Employers'
Liability Insurance with limits no less than the statutory. Policy shall include a
waiver of subrogation in favor of the County. If Contractor is using a "leased
employee" or an employee obtained through a professional employer organization
("PEO"), Contractor is required to have such employees covered by worker's
compensation insurance in accordance with Florida Worker's Compensation law
and the insurance carrier of the PEO execute a waiver of subrogation in favor of
the County, its employees and insurers.
I. Contractor and its Subcontractors, or any associated or subsidiary
company doing work on County property or under the Agreement must be
named in the Workers' Compensation coverage or provide proof of their
own Workers' Compensation coverage, without exclusion of any class of
Exhibit II -Inwry eRauimwnt%, cx 2as
EXHIBIT II INSURANCE REQUIREMENTS 18-B-114JRD
employee, and with a minimum of the statutory limits per occurrence for
Employer's liability coverage. Further, if the Contractor's Subcontractors
fail to obtain Workers' Compensation insurance and a claim is made
against the County by the uncovered employee of said Subcontractor of
the Contractor, the Contractor shall indemnify, defend, and hold harmless
the County from all claims for all costs including attorney's fees and costs
arising under said employee(s) Workers' Compensation insurance
claim(s).
H. Commercial General Liability Insurance. The Contractor shall acquire and
maintain Commercial General Liability insurance, with limits of not less than the
amounts shown above. Contractor shall not obtain an insurance policy wherein the
policy limits are reduced by defense and claim expenses. Such insurance shall be
issued on an occurrence basis and include coverage for the Contractor's
operations, independent Contractors, Subcontractors and "broad form" property
damage coverages protecting itself, its employees, agents, Contractors or
subsidiaries, and their employees or agents for claims for damages caused by
bodily injury, property damage, or personal or advertising injury, and products
liability/completed operations including what is commonly known as groups A, B,
and C. Such policies shall include coverage for claims by any person as a result
of actions directly or indirectly related to the employment of such person or entity
by the Contractor or by any of its Subcontractors arising from work or services
performed under the Agreement. Public liability coverage shall include either
blanket contractual insurance or a designated contract contractual liability
coverage endorsement, indicating expressly the Contractor's Agreement to
indemnify, defend and hold harmless the County as provided in the Agreement.
The commercial general liability policy shall provide coverage to County when it is
required to be named as an additional insured either by endorsement or pursuant
to a blanket additional insured endorsement, for those sources of liability which
would be covered by the latest edition of the standard Commercial General Liability
Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by
the Insurance Services Office, without the attachment of any endorsements
excluding or limiting coverage for Bodily Injury, Property Damage,
Products/Completed Operations, Independent Contractors, Property of County in
Contractor's Care, Custody or Control or Property of County on which contracted
operations are being performed, Explosion, Collapse or Underground hazards
(XCU Coverage, Contractual Liability or Separation of Insureds. When County is
added as additional insured by endorsement, ISO Endorsements CG 20 10 and
CG 20 37 or their equivalent shall be used and shall provide such additional
insured status that is at least as broad as ISO form CG 20 10 1185. If County has
agreed by separate contract to require Contractor to name another party as an
additional insured, Contractor shall add said party as an additional insured to the
commercial general liability policy by ISO Endorsement CG 20 38. Contractor shall
require its subcontractors performing work under this Agreement to add the County
and any other parry that the County has agreed by separate contract to require
Contractor to name as an additional insured to their Commercial General Liability
policy as an additional insured by ISO Endorsement CG 20 38. All commercial
general liability policies shall provide a waiver of subrogation in favor of the County
and any other party required by this Agreement to be named as an additional
insured.
I. Motor Vehicle Liability. The Contractor shall secure and maintain during the term
of the Agreement motor vehicle coverage in the split limit amounts of no less than
the amounts shown in Figure 1 per person, per occurrence for bodily injury and for
property damage or a combined single limit of the amount shown above with "Any
Exhibit 11-hn., me Requirememsdacn 3of5
EXHIBIT II INSURANCE REQUIREMENTS 18-B-114JRD
Auto", Coverage Symbol 1, providing coverage for all autos operated
regardless of ownership, and protecting itself, its employees, agents or lessees,
or subsidiaries and their employees or agents against claims arising from the
ownership, maintenance, or use of a motor vehicle. The County shall be an
additional insured under this policy when required in Figure 1.
J. Primary and Excess Coverage. Any insurance required may be provided by
primary and excess insurance policies.
2. Insurance Requirements
A. General Insurance Requirements:
I. All insurance policies shall be issued by insurers licensed and/or duly
authorized under Florida Law to do business in the State of Florida and all
insuring companies are required to have a minimum rating of A- and a
Financial category size of VIII or greater in the "Best Key Rating Guide"
published by A.M. Best & Company, Inc.
ii. Approval by County of any policy of insurance shall not relieve Contractor
from its responsibility to maintain the insurance coverage required herein
for the performance of work or services by the Contractor or its
Subcontractors for the entire term of the Agreement and for such longer
periods of time as may be required under other clauses of the Agreement.
iii. Waiver of Subrogation. The Contractor hereby waives all rights against the
County and its Subcontractors for damages by reason of any claim,
demand, suit or settlement (including workers' compensation) for any claim
for injuries or illness of anyone, or perils arising out of the Agreement. The
Contractor shall require similar waivers from all its Subcontractors.
Contractor's insurance policies shall include a waiver of subrogation in
favor of the County. This provision applies to all policies of insurance
required under the Agreement (including Workers' Compensation, and
general liability).
iv. County Not Liable for Paving Deductibles. For all insurance required by
Contractor, the County shall not be responsible or liable for paying
deductibles for any claim arising out of or related to the Contractor's
business or any Subcontractor performing work or services on behalf of the
Contractor or for the Contractor's benefit under the Agreement.
V. Cancellation Notices. During the term of the Agreement, Contractor shall
be responsible for promptly advising and providing the County Risk
Manager and the Purchasing and Contracts divisions with copies of notices
of cancellation or any other changes in the terms and conditions of the
original insurance policies approved by the County under the Agreement
within two (2) business days of receipt of such notice or change.
A. Deductibles. Contractors that maintain and administer a self -insured
retention or a large deductible program exceeding the insurance
requirements listed in this solicitation using a formal program to fund either
program may submit an exception in accordance with Section 2.4 of ITB
#1 8-B-1 14JRD, Questions, Exceptions, and Addenda, to be considered for
this solicitation.
Exhibit II Insurance Re uimmeme.do x 0 of 5
EXHIBIT II INSURANCE REQUIREMENTS 18-B-114JRD
The request must include a summary of the program's design, funding
method, and the program's supporting financial information. If additional
information is necessary, the County will request more specific information,
which must be provided by the Contractor. The County Risk Manager will
review the information submitted and determine whether the program is
acceptable to the County.
Contractors with no formal risk management program in place to manage
and fund deductibles or self -insured retentions may not be considered.
Subject to County approval, Contractor may obtain a letter of credit in the
amount equivalent to the deductible, which shall remain in effect during the
term of the Agreement at no additional cost to the County.
3. Proof of Insurance
A. The Contractor shall be required to furnish evidence of all required insurance in
the form of certificates of insurance, which shall clearly outline all hazards covered
as itemized herein, the amounts of insurance applicable to each hazard and the
expiration dates.
B. The Contractor shall furnish proof of insurance acceptable to the County prior to
or at the time of execution of the Agreement and the Contractor shall not
commence work or provide any service until the Contractor has obtained all the
insurance required under the Agreement and such insurance has been filed with
and approved by the County. Upon request from the County, the Contractor shall
furnish copies of all requested policies and any changes or amendments thereto,
immediately, to the County, the County Risk Manager, and Purchasing and
Contracts Divisions, prior to the commencement of any contractual obligations.
The Agreement may be terminated by the County, without penalty or expense to
County, if at any time during the term of the Agreement proof of any insurance
required hereunder is not provided to the County.
C. All certificates of insurance shall clearly indicate that the Contractor has obtained
insurance of the type, amount and classification required by this Section. No work
or services by Contractor or its Subcontractors shall be commenced until County
has approved these policies or certificates of insurance. Further, the Contractor
agrees that the County shall make no payments pursuant to the terms of the
Agreement until all required proof or evidence of insurance has been provided to
the County. The Agreement may be terminated by the County, without penalty or
expense, if proof of any insurance required hereunder is not provided to the
County.
D. The Contractor shall file replacement certificates with the County at the time of
expiration or termination of the required insurance occurring during the term of the
Agreement. In the event such insurance lapses, the County expressly reserves
the right to renew the insurance policies at the Contractor's expense or terminate
the Agreement but County has no obligation to renew any policies.
4. The provisions of this Exhibit II, shall survive the cancellation or termination of the
Agreement.
Exhibit 11-h urmce Requirementsdace 5of5
CERTIFICATE OF LIABILITY INSURANCE
- ------
CERTIFICATE DOES NOTAFFlRMATVELY OR NEGATIVELY AMEND, EXTEND OR ALTER WE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CER71FCAU OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETNEEM THE ISSUING INSURERIS1. AUTHORIZED
It SUBROGATION
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Identification Number and Certification
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Enter your TIN n Me approplab box. The TIN Weeded muN mew the name 00wnon One 110 DIRW I *RAWA
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backup sYilMddrtg. For 11Mlviduek, We bgenoreVy your wtlsl slovenly romper (SSHI. Havrova, bra
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Note. It Me acwunt is a more than one name. We the iwhee am for IMa 1 and the chart on page 4 for
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1. The number drown on the loon le my correct tazpayw eadlNcetion number (err I em wailing for a nurMer b be WUM to rosy lord
2. 1 am nut WNwt to beckW w11Moko ng bwww: (a) I an eaemp from backup wiMhrlding, of (b) I haw not own Retinae by the Internal Revenue
Service ORS) Mat I sm aubjecl to bwkup wlthleldlrg w a result of a fasum to report all IMBrnet of dNaaea, or (W the IRS has notified me met I sum
no larger sub(ect a baclwp wilhMkera; arM
3. 1 am a U.S. cRlaw ootha U.S. person (defln o below); and
4. The FAT code(s) entered an the form (ff any) Indicating that I am euemp hem FATCA reporting is coneCL
tl matpul en kabupeaa. You mush dose out Rem 2 above It you hew bon nalRed by Me IRS Mel you ere currently esAIW to backup whhholdng
becaume you hew sled a repot 0 inlpesl and divaerMe an your to refum. p-or rest where tranw lions, Rem 2 does net apply. Fa mortgage
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General Instructions
3ecim MwnCee n Io Ile W"me funeR ¢Cade unIOM aean'iee need.
Futurebeeloprwnle. Inimrnatbn about dewePrkMe OfleeRng Form W4 peon
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Purpose of Farm
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ram0er(MM. wiffou n Weep/aemaWkwnumW off". a empbye
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• Faro 10alf NNrRI ¢woad v pW)
• Form I ONI idYWMs, W.Why Meet meloENa of—uW Vuh)
• Fqm IM-MISC (rYW lypee of Ymme, pea, ewerI W Wpee pwwK)
• Faro IeSR W Wr or mW WI IUM Mke W ones pIM eMeard. by
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• Farm 1099 RNme rlwrtawe IMwa&7. 1011I Ikutlml ken Yaerea0, 109e T
(W"
• For. law C kereYea deal
• Form IOWA(aewitbn aelwawenee of snared popern)
Uw From WA orry If peaks U.S. person troluan,a reWeO •M1wq, to
IaaYid•ywmrwlnN.
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