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Contract 2022-054ADocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CONTRACT APPROVAL FORM jr� TO: BRIAN BULTHUIS, CITY MANAGER THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR FROM: RAMSEY JIMENEZ, SENIOR PROCUREMENT AGENT °s SUBJECT: VEHICLE REPAIRS DATE: JULY 8, 2022 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Rush Truck Centers of Florida, Inc., to provide vehicle repair services for the Public Services Department. The agreement shall take effect on the date of execution by both parties and shall remain in effect for three (3) years, unless renewed or terminated as provided by the City of Orlando contractual agreement. Upon mutual agreement, the agreement may be renewed for fiv (2) additional one (1) year terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the Procurement Services Department sought a contract with City of Orlando for vehicle repair, contract number IFB22-0123. The estimated annual expenditures is less than $48,000. The Procurement Services Department issued RFI 2205-005 to notify local vendors of the City's intent to utilize other governmental entities' contract. At the completion of the RFI the Procurement Services Department received no interest. The City of Orlando. contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The fiscal impact of $48,000.00 is included in the current year approved budget. 5. EXHIBITS: City of Orlando Bid Tabulation Vehicle Repair Agreement APPROVAL AUTHORITY Approved ® Disapproved ❑ Reason/Suggestion (If disapproved) F DocuSigned by: V'I— Nit s ss�ga�ca--- city Manager 7/8/2022 Signature Title Date DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA AGREEMENT NO. 2022-054 FOR SUBLET VEHICLE REPAIR THIS AGREEMENT, is made and entered into this 8 day of July 2022, 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 Rush Truck Centers of Florida, Inc., whose address is: 2350 Diversified Way, Orlando, FL 32804, (hereinafter referred to as "CONTRACTOR"). WHEREAS, City of Orlando through the public procurement process awarded an Agreement for vehicle repair, City of Orlando Contract Number IF1322-0123; 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 the City of Orlando Contract Number I171322-0123; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall provide vehicle repair as described in the City of Orlando Contract Number IFB22-0123, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE 2 — 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 "4", attached hereto and incorporated herein. ARTICLE 3 — TERM AND TERMINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until March 16, 2025 unless terminated or renewed by City of Orlando. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if 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 the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2) additional year term. ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK; WARRANTY 4.1. The CONTRACTOR shall only provide to CITY vehicle repair upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in City of Orlando Contract Number IFB22-0123 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeping payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 4.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and specifications hereof. 4.4. CONTRACTOR specifically acknowledges that this Contract does not bind or 2 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA obligate CITY to purchase any minimum quantity of product during the term hereof. 4.5 (1) Any warranties on any product(s) sold by CONTRACTOR or otherwise used by CONTRACTOR in the course of providing vehicle repair services under this Contract are limited only to any printed warranty provided by the applicable manufacturer of the product. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE PROVIDED WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. (2) LIMITED WARRANTY ON SERVICES. CONTRACTOR warrants to the CITY that all Services will be performed in a good and workmanlike manner in accordance with industry standards ("Services Warranty"). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. The CITY's sole and exclusive remedy, and CONTRACTOR's entire liability, under the Services Warranty is the repair of any nonconfonning portion of the Services. CONTRACTOR PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS SERVICES. ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3 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. 3 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its 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 subCONTRACTOR 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. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit (d) Garage Keeper Liability, $1,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification, Limitation of Liability (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all third party claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 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, except to the extent such claim, damage, loss or expense is caused 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; however, this indemnification does not include the acts of negligence, damage or losses caused by the CITY, its employee or its other contractors. (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. (e) Except for CONTRACTOR'S indemnification obligations for third party claims, the parties agree that in the event of any claim, litigation, civil action or any other legal or administrative proceeding brought by one party against the other, neither party shall be entitled to recover any incidental or consequential damages as defined in the Uniform Commercial Code, including but not limited to indirect or special damages, loss of income or anticipated profits, or down -time, or any punitive damages. ARTICLE 8 — 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: Rush Truck Centers of Florida, Inc. 1925 W. Princeton St. Orlando, FL 32804 Attn: Mike Howell 5 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Copy to: Rush Enterprises, Inc. 555 IH35 South New Braunfels, TX 78130 Attn: Legal Department OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. 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. 9.2. 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. 9.3. 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. 9.4. 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. 9.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assi ng ment — 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. 6 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 9.7. 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. 9.8. 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. 9.9. 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. 7 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in the City of Orlando Contract Number IFB22-0123. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this8 day of July 2022 CITY OF CLERMONT EDocuSigned by: bl�t, s 534781168A394C8_. Brian Bulthuis, City Manager ATTEST: —DocuSigned by: T4" Aa4o.,o4 Haws Tracy Ackroyd 8 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Rush Trucks Center of Florida, Inc. DocuSigned by: By: E a�,t, j°jbSa.V'�t, 599BD05F6ADD40C... (Signature) Print Name: Wade Bosarge Title: Regional General Manager Date: 71712022 9 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA City of Orlando Rush Truck Centers of Florida, Inc. IFB22-0123 : Sublet Vehicle Repair 1925 W. Princeton st. Orlando, FL 32804 Mike Howell Phone: 321 2212300 howellmike@rushenterprises.com Item # Group Item Quantity Unit of Measure Require d Vendor Item Unit Price/ Percent Extended Price/ Percent Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, Original Equipment Manufacturer REPAIR AND (OEM) for GM MAINTENANC vehicles. E OF GENERAL Price/Percent: MOTORS (GM) Percent CARS AND Brand LIGHT TRUCKS, Name/Equal GM Value/Service: FRANCHISE Brand Name 1 DEALER Only 100000 each No 0.00% 0.00% Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior REPAIR AND approval by the MAINTENANC City. E OF GENERAL Price/Percent: MOTORS (GM) Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CARS AND LIGHT TRUCKS, GM FRANCHISE 2 DEALER REPAIR AND MAINTENANC E OF GENERAL MOTORS (GM) CARS AND LIGHT TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC E OF FORD CARS AND LIGHT TRUCKS, FORD FRANCHISE DEALER Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for Ford vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF FORD CARS AND LIGHT TRUCKS, FORD FRANCHISE DEALER REPAIR AND MAINTENANC E OF FORD CARS AND LIGHT TRUCKS, FORD FRANCHISE DEALER Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 71 REPAIR AND MAINTENANC E OF DODGE/CHRYS LER CARS AND LIGHT TRUCKS, DODGE/CHRYS LER FRANCHISE DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS LER CARS AND LIGHT TRUCKS, DODGE/CHRYS LER FRANCHISE DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS Description: Markup Original Equipment Manufacturer (OEM) for Chrysler/Dodge vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA LE CARS AND LIGHT TRUCKS, DODGE/CHRYS LER FRANCHISE DEALER REPAIR AND MAINTENANC E OF TOYOTA CARS AND LIGHT TRUCKS, TOYOTA FRANCHISE DEALER REPAIR AND MAINTENANC E OF TOYOTA Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for Toyota vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CARS AND LIGHT TRUCKS, TOYOTA FRANCHISE 11 DEALER REPAIR AND MAINTENANC E OF TOYOTA CARS AND LIGHT TRUCKS, TOYOTA FRANCHISE DEALER REPAIR AND MAINTENANC E OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for all vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 161 REPAIR AND MAINTENANC EOFGM MEDIUM DUTY TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC EOFGM MEDIUM DUTY TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC Description: Markup Original Equipment Manufacturer (OEM) for GM vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 181 EOFGM MEDIUM DUTY TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC E OF FORD MEDIUM DUTY TRUCKS, FORD FRANCHISED DEALER REPAIR AND MAINTENANC E OF FORD Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, Original Equipment Manufacturer (OEM) for Ford vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA MEDIUM DUTY TRUCKS, FORD FRANCHISED 20 DEALER REPAIR AND MAINTENANC E OF FORD MEDIUM DUTY TRUCKS, FORD FRANCHISED DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS LER MEDIUM DUTY TRUCKS, CH RYSLER/DO DGE FRANCHISED DEALER Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for Dodge/Chrysler vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 231 REPAIR AND MAINTENANC E OF DODGE/CH RYS LER MEDIUM DUTY TRUCKS, CH RYSLER/DO DGE FRANCHISED DEALER REPAIR AND MAINTENANC E OF DODGE/CH RYS LER MEDIUM DUTY TRUCKS, CH RYSLER/DO DGE FRANCHISED DEALER Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 25 REPAIR AND MAINTENANC E OF MEDIUM DUTY TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF MEDIUM DUTY TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF MEDIUM DUTY TRUCKS, Description: Markup Original Equipment Manufacturer (OEM) for all vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 271 INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF NISSAN CARS AND LIGHT TRUCKS, NISSAN FRANCHISE DEALER REPAIR AND MAINTENANC E OF NISSAN Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, Original Equipment Manufacturer (OEM) for Nissan. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CARS AND LIGHT TRUCKS, N ISSAN FRANCHISE 29 DEALER REPAIR AND MAINTENANC E OF NISSAN CARS AND LIGHT TRUCKS, N ISSAN FRANCHISE DEALER REPAIR AND MAINTENANC E OF INTERNATION AL MEDIUM & HEAVY DUTY TRUCKS, INTERNATION AL FRANCHISED DEALER Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for International vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 321 REPAIR AND MAINTENANC E OF INTERNATION AL MEDIUM & HEAVY DUTY TRUCKS, INTERNATION AL FRANCHISED DEALER REPAIR AND MAINTENANC E OF INTERNATION AL MEDIUM & HEAVY DUTY TRUCKS, INTERNATION AL FRANCHISED DEALER Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF AUTOCAR MEDIUM & HEAVY DUTY TRUCKS, AUTOCAR FRANCHISED DEALER REPAIR AND MAINTENANC E OF AUTOCAR MEDIUM & HEAVY DUTY TRUCKS, AUTOCAR FRANCHISED DEALER REPAIR AND MAINTENANC Description: Markup Original Equipment Manufacturer (OEM) for Autocar vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 361 E OF AUTOCAR MEDIUM & HEAVY DUTY TRUCKS, AUTOCAR FRANCHISED DEALER REPAIR AND MAINTENANC E OF HEAVY DUTY TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF HEAVY DUTY TRUCKS, INDEPENDENT Price/Percent: Price Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, Original Equipment Manufacturer (OEM) for all vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR SHOP Brand (OTHER THAN Name/Equal FACTORY Value/Service: AUTHORIZED Brand Name or 381 DEALERSHIP) Equal 40000 each No 20.00% 20.00% Make: Model: Model #: Model Upgrade/ Downgrade: Description: REPAIR AND MAINTENANC Labor Rate in $, E OF HEAVY fixed hourly rate DUTY TRUCKS, for labor. Price/Percent: INDEPENDENT REPAIR SHOP Price (OTHER THAN Brand FACTORY Name/Equal AUTHORIZED Value/Service: 391 DEALERSHIP) Service 750 hour No $90.00 $67,500.00 Sub Total $67,500.00 Shipping $0.00 Total $270,000.00 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA � � O March 22, 2022 Wade Bosarge Rush Truck Centers of Florida 2350 Diversified Way Orlando Florida, 32804 F QUAND0 SUBJECT: IFB22-0123-Sublet Vehicle Repair The attached contract is the City of Orlando's acceptance of your offer in response to IFB22-0123, Sublet Vehicle Repair, and is subject to all terms and conditions therein, as well as any addenda to that solicitation. This contract is an initial thirty-six (36) month contract, effective March 16, 2022, and will remain in effect through March 15, 2025. This contract may be renewed upon mutual agreement as provided in the solicitation. Any amendments to this contract must be in writing and signed by both parties to be valid, binding, and enforceable. All invoices must reference the subject Contract Number. Invoices must be submitted to the address below: Accounts Payable City of Orlando 4th Floor, City Hall PO Box 4990 Orlando, FL 32802-4990 Please remember that only those goods/services specifically listed in this contract can be invoiced. The description and unit prices on each invoice must match the description and unit pricing in the subject contract. Invoices not meeting these requirements are considered Improper Invoices and will be returned. Sincerely, David Billingsley, CPSM, . . Chief Procurement Officer DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA , CONTRACT ACTIONS Page 1 of 1 (Submission of this Form Indicates that All Uploads are Complete) Sublet Vehicle Repair Cntfiract'NarriE'; CQ`tltr2dt # �Ra'I�; IFB22-0123 C0 tr Varun I]esai pe'p%f f Fleet and Facilities CotGtf,l Nar10{ Jonathan Ford ,. Rush Truck Centers of Florida CzeO< Wade Bosarge Ila° howelImike@rushenterprises.com :.- � if, I r A s s Varib,Iet�5'Y� IfYe47 C�h#�dcn.�lal Infnrrnation� I CAtiljl l } ,<i. `{Its r5CN- flAf 1F , , fljllSt:. to 3<t��i ; i' F. 'IY P,4�A 3I Wj�it111iA1 PkibT7 ¢Ycoo14 ion £� I, , : 3/22/2022 Original Award 3/16/2022 3/15/2025 36.0 $ 810,000.00 Initial Period Renewal 3/16/2025 3/15/2026 12 $ 270,000.00 Renewal 3/16/2027 3/15/2028 12 $ 270,000.00 AfyT , U I I 60 $ 1,350,000.00 3/22/2022 Original Award 3/16/2022 3/15/2025 36.0 $ 810,000.00 Initial Period a. Vl ACTUAL I. COITAACT VALUE T� DAYS 36.0 $ 810,000.00 Continue to next page (if applicable) REV 6/13/18 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CITY OF ORLANDO COUNCIL AGENDA ITEM Items Types: For Meeting of: Business and Financial Services March 14, 2022 District: ALL From: Contract ID: Document Number: Exhibits: Yes On File (City Clerk) : Yes Draft Only: No Grant Received by City?: No Subject: Award to Rush Track Centers of Florida Inc. for Sublet Vehicle Repair of Light and Medium Duty Ford Trucks, IFB22-0123 Summary: The following sealed bid was received in response to the subject solicitation: 5—Upplier Bid Amount Rush Truck Centers of Florida Inc, Orlando, FL $270,000.00 The Fleet Management Division and Procurement and Contracts Division have evaluated the bid and recommend award to the lowest, responsive, and responsible bidder, Rush Truck Centers of Florida Inc., of Orlando, FL, for Sublet Vehicle Repairs of Light and Medium Duty Ford Trucks. The initial contract term is three (3) years with an option to renew for two (2) additional one (1) year terms. This is an indefinite quantity contract. Actual expenditures will vary as usage will be based on an as -needed basis at the established unit prices and available funding. Based on prior usage reports and information provided by the primary user, the estimated annual expenditure is $270,000.00. The MBE Division has reviewed the procurement and determined there were no MWBE firms available to provide this service. Fiscal & Efficiency Data: Fiscal impact statement is attached. Recommended Action: Approving and authorizing the Chief Procurement Officer to enter into an agreement and subsequent renewals with Rush Truck Centers of Florida Inc. in the estimated annual amount of $270,000.00, subject to review and approval by the City Attorney's Office. Agenda Item attachment(s) on file in the City Clerks Office. Note: AM agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting. Contact: David Billingsley, Janiero Coulter (for MIWBE questions); david.billingsley@cityoforiando.net Approved By: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Department Date and Time Budget Outside Routing Approval 3/ 1 /2022 12:27 PM City Clerk 3/3/2022 9:35 AM ATTACHMENTS: Name: �—� Description: —�- �~ Type: D FIS-IFB22-0123.doox Fiscal Impact Statement Backup Material d IFB22- 0123_Sublet_Vehicle_Repair.pdf MWBE Memo Backup Material d Bid_Evaluation_Memo-IFB22- 0160.pdf Bid Evaluation Memo-IFB22-0.123 Backup Material 0 Bld_Tabulation_Sheet-IFB22- � 0123.pdf Bid Tabulation Sheet-IFB22-0123 Backup Material "Enhance the quality of life in the City by delivering public services in a knowledgeable, responsive and financially responsible manner." DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Mayor Buddy Dyer Chief Procurement Officer David Billingsley, CPSM, C.P.M, CITY OF ORLANDO INVITATION FOR BIDS (IFB) IFB NUMBER AND TITLE: IFB22- Sublet Vehicle Repair DATE OF ISSUE: January 24 , 2022 Non -Mandatory ❑ Mandatory ❑(If mandatory, you must attend one of the two meetings below) PRE -BID CONFERENCE, if applicable, on 92022 Pre -Bid Location: NIA 2nd PRE -BID CONFERENCE, if applicable, on , 2022 Pre -Bid Location: NIA DEADLINE FOR QUESTIONS February I , 2022, 5:00 p.m., Local Time, City of Orlando, FL DIRECT ALL QUESTIONS & Varun Desai, Purchasing Anent II INQUIRIES TO: Phone: (407) 246-3874 Email :varun.desai@orlando.gov Cityof Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 IFB DUE DATE: FebruarL 10 , 2022 IFB DUE TIME: 2:00 p.m., Local Time, City of Orlando, FL ONLY ELECTRONIC RESPONSES WILL BE ACCEPTED FOR THIS OLICITATION - ALL OTHER RESPONSES SHALL BE CONSIDERED NON -RESPONSIVE Rev: 01.21.22 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses, To be responsive, bids for this solicitation must be submitted electronically. Paper responses will be deemed non -responsive. Parking is available in the City Commons garage at the southwest corner of Boone Avenue and South Street. The City will not validate parking. Procurement and Contracts Division Fage: 2 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 TABLE OF CONTENTS SECTION TITLE PAGE I. GENERAL INFORMATION......................................................................... 4-4 v Pr- 14-4, [I. SCOPE OF WORK— BRIEF DESCRIPTION...................................................6 0-b C'- "YJ III. BID SUBMITTALS......................................................................................... 7 EXHIBITS EXHIBIT 1 SCOPE OF WORK EXHIBIT 2 SPECIAL CONDITION CLAUSES EXHIBIT 3 STANDARD TERMS AND.CONDITIONS EXHIBIT 4 ELECTRONIC BID PRICING FORM(S) INSTRUCTIONS ATTACHMENTS ATTACHMENT A BIDDER'S QUESTIONNAIRE AND AUTHORIZED SIGNATORIES/NEGOTIATORS ATTACHMENT B BIDDER'S CERTIFICATION FORM ATTACHMENT C CONTRACT AND ACCEPTANCE FORM ATTACHMENT D MiNORITYIWOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM ATTACHMENT E VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM ATTACHMENT F CONFLICT OF INTEREST DISCLOSURE FORM ATTACHMENT G CONFIDENTIAL AND/OR PROPRIETARY INFORMATION EXEMPTION FORM ATTACHMENT H ADDENDUM RECEIPT VERIFICATION FORM (If Applicable) ATTACHMENT I VIRTUAL BID OPENING Procurement and Contracts Division Page: 3 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 SECTION I — GENERAL INFORMATION 1. SOLICITATION INFORMATION: The City's Procurement and Contracts Division is the official source to obtain information relating to City of Orlando procurements.. It is incumbent on the Bidder to obtain current bid and award information prior to and after the scheduled opening date of a solicitation. Information is updated as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways, such as: a) Bid documents are available for download from the VendorLink website: You may access solicitation information by visiting the City's VendorLink website by copying the following link in your web browser: vendorlink.orlando. =ov b) You may also contact the Procurement and Contracts Division at (407) 246-2291 or visit us during normal business hours, to obtain award information and other documents at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Please remember, email notification is provided as a courtesy to our Bidders, but it is the Bidder's responsibility to check with the City of Orlando's website at: vend orlink.orlando.gov for current bid and other procurement information. We appreciate your interest in doing business with the City of Orlando. 2. SCHEDULE: The Cover page of this solicitation contains the scheduled calendar of events with important dates and times for this Solicitation. Dates and times are subject to change by the City's Chief Procurement Officer (CPO) or designee, at their sole discretion. If the Procurement and Contracts Division determines that it is necessary to change these dates or times prior to the Bid due date, the change will be announced via an addendum. 3. PRE -BID CONFERENCE: The purpose of a Pre -Bid Conference is to review and discuss the solicitation (and any addenda) as published. A representative from the Procurement and Contracts Division and a technical representative from the using department will be present to discuss the solicitation. Procurement and Contracts Division Page: 4 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 _Non -Mandatory Pre -Bid Conference: If a non -Mandatory Pre -Bid Conference is held, see the Cover Page of this solicitation for the location, date, and time. Mandatory Pre -Bid Conference: If a Mandatory Pre -Bid Conference is held, in order to be considered present for a Mandatory Pre -Bid Conference, a Bidder must have at least one (1) representative present and signed in on the Pre -Bid Sign -In Sheet. See the Cover Page of this solicitation for the location, date, and time. Procurement and Contracts Division Page: 5 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 SECTION II — SCOPE OF WORK I. BRIEF DESCRIPTION The City of Orlando is inviting bids from qualified automotive service providers for an annual Contract for sublet vehicle repairs. Procurement and Contracts Division Page: 6 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 SECTION III - BID SUBMITTALS 1. Bidders are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the VendorLink system by the bid due date and time. The City shall not be responsible for any submission delays or failures caused by any occurrence. Bidders are expected to examine this solicitation, specifications, associated drawings, if any, and all instructions. Failure to do so will be at the Bidder's risk. Each Bidder shall furnish the information required on each bid submittal form and each accompanying sheet thereof on which an entry is made. The following items must be completed and uploaded as part of your electronic bid submittal. Failure to complete and return required forms may result in your bid being deemed non -responsive and not considered for award. a. Bid Pricing - All prices shall be entered online. For instructions on submitting Electronic Bid Pricing (which is required by this solicitation), See Exhibit 4. b. Attachment A - Bidder's Questionnaire. This form must be downloaded, completed, and uploaded as a part of the bid package. c. Attachment B - Bidder's Certification Form. This form must be downloaded, completed, signed, scanned, and uploaded as a part of the bid package. d. Attachment C - Contract and Acceptance Form. This form must be downloaded, completed, signed, scanned, and.uploaded as a part of the bid package. e. Attachment D - Minority/Women-Owned Business Enterprise Participation Form. This form must be downloaded, completed, and uploaded as a part of the bid package. f. Attachment E - Veteran Business Enterprise Participation Form. This form must be downloaded, completed, and uploaded as a part of the bid package. g. Attachment F - Conflict of Interest Disclosure Form. This form must be downloaded, completed, and uploaded as a part of the bid package. h. Attachment G - Confidential and/or Proprietary Information Exemption Form. This form must be downloaded, completed, and uploaded as a part of the bid package. i. Attachment H - Addendum Receipt Verification Form. If an Addendum(s) is issued, this form must be downloaded, completed, signed, scanned, and uploaded as a part of the bid package. Procurement and Contracts Division Page: 7 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA IFB22-0123 Sublet Vehicle Repair Attachment I- Virtual Solicitation Opening- Bid opening will be held virtually via Microsoft Teams. k. Copy of Bidder's current W-9 is to be signed and uploaded as a part of the bid package. 1. Bid Security. If applicable. Procurement and Contracts Division Page: 8 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair SCOPE OF WORK Please see Exhibit 1 (uploaded as a separate document) IFB22-0123 Procurement and Contracts Division page: 9 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 SPECIFICATIONS FOR SUBLET VEHICLE REPAIR. I. GENERAL The City of Orlando is inviting bids from qualified automotive service providers for an annual Contract for sublet vehicle repairs as listed on the Bid Price Form. The City's fleet, relevant to this solicitation, ranges from small passenger cars to light, medium, and heavy- duty trucks. Other models or vehicle types may be added or deleted in the future as required, by Contract Amendment. Contract Amendments must be signed by the Contractor and the City's Chief Procurement Officer or designee before work on such added equipment can take place. II. SCOPE OF WORK A. The Contractor shall provide all labor, material, equipment, supplies, and transportation necessary for the performance of repairs and maintenance. B. All work assigned.during the term of the Contract shall be strictly on an "as needed" basis. The Contractor shall assume no guarantees as to the amount of work allocated to the Contractor during the term of the Contract. Should multiple Contracts result from this solicitation, the City reserves the right to allocate work based on workloads and capabilities determined at the sole discretion of the City. C. Estimated quantities are based upon previous usage and estimated needs for a twelve-month period: These quantities are only given as a guideline for preparing a bid and should not be construed as representing actual quantities to be repaired and maintained. - III. QUALIFICATIONS A. All repair and maintenance work shall be performed by A.S.E. Certified technicians or those with equivalent qualifications. The City reserves the right to define what is an equivalent qualification at its sole discretion. B. Bidders shall provide their Motor Vehicle Repair Registration Certificate and Occupational License (as applicable) prior to award of a Contract. Failure to provide required documentation may be cause for rejection of bids. C. The Contractor's Local Service Facility (or Principal Place of Business if the same), as indicated on the Bidder's Questionnaire, shall be located within a twenty (20) mile radius from the City's Fleet Management Division, 1010 S. Westmoreland Dr., Orlando, Fl. D. The Contractor's facility shall have adequate provisions for the secured storage of City vehicles when in the possession of the Contractor. Adequate provisions shall include at a minimum: secured fencing of adequate height, security lighting, and DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 alarms guards or remote monitoring. The City reserves the right to inspect storage provisions prior to award of a Contract and at any time during a Contract and determine adequacy at the sole discretion of the City. Failure to meet these requirements may be cause for rejection of bids or cancellation of a Contract. E. It is expected that the Contractor shall give prompt and convenient service to the City to the best of their ability, barring unforeseen circumstances, failure to do so may be cause for termination of a Contract. IV. WORK ORDER ISSUANCE AND APPROVAL PROCESS A. Whenever the City deems it necessary to have repair or maintenance work performed on any City vehicle, a work order shall be created by the City for the work. The Contractor shall be notified verbally (followed up in writing within twenty-four hours) or in writing of the work to be performed. In some cases, a work order may be issued via telephone, using the City's Pro Card (credit card) for payment. B. The City shall provide a complete verbal (followed up in writing within twenty- four. hours or written description of the work to be performed, to the best of its ability. The Contractor, being a vehicle repair and maintenance professional, is expected to have knowledge of what information must be taken into consideration to produce a high -quality job and request additional information from the City when necessary.. C. After receiving verbal (followed up in writing within twenty-four hours) or written notification of the work to be performed, the Contractor shall have one (1) normal business day in which to inspect the vehicle and submit a written quotation for the work to the City. This written quotation must be in accordance with this Solicitation and resulting Contract. (Quotations may not include items not covered under the scope of the Contract). If the Contractor fails to respond in one (1) normal business day, the work may be awarded to another Contractor by the City. D. After receiving a written quotation, the City shall verify the work recommended by the Contractor and if necessary, point out any discrepancies that shall be corrected by the Contractor. A revised written quotation shall be submitted to the City by the Contractor in such cases. E. After verification of the written quotation by the City, and after receiving the City's verbal (followed up in writing within twenty-four hours) or written approval of the written quotation, the Contractor shall start the work within one (1) normal business day, and thereafter, have two (2) normal business days to complete the work. Total downtime acceptable, after receiving the City's verbal (followed up in writing within twenty-four hours or written approval of the written quotation, including pick-up and delivery) shall be three (3) normal business days. If the Contractor does not meet the agreed downtime, the City reserves the right to have the vehicle(s) DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 returned to the Fleet Management Division or to another location designated by the City. F. When picking up vehicles from the City, if it becomes necessary, it is the Contractor's responsibility to tow the vehicle at the Contractor's expense. G. If (in the Contractor's judgment) any additional downtime is required exceeding three (3) days, the Contractor shall notify the City in writing of such requirements within one (1) normal business day of picking up the vehicle(s) from the City. The Contractor shall provide good and sufficient reasons for requesting additional downtime. The City, at its sole discretion, may elect to award the work to another Contractor or have the Contractor return the vehicle to the City. H. Except as may be directed otherwise, the Contractor shall deliver repaired vehicles to the Fleet Management Division, 1010 S. Westmoreland Dr., Orlando, FL. V. ADDITIONAL WORK A. The Contractor shall not perform, or bill the City for, any additional work not listed on the original, approved written quotation, without receiving the City's prior approval in writing. The Contractor shall submit to the City a supplemental written quotation, referencing the original approved written quotation, detailing the need for additional work, clearly itemizing the price and indicating any additional downtime required to perform the additional work. B. After receiving a supplemental written quotation, the City shall verify the additional work recommended by the Contractor and if necessary, point out any discrepancies that shall be corrected by the Contractor. A revised supplemental written quotation shall be submitted to the City by the Contractor in such cases. C. After verification the supplemental written quotation by the City, and after receiving the City's verbal (followed up in writing within twenty-four (24) hours) or written approval of the supplemental written quotation, the Contractor shall commence the additional work. D. Additional work approved by the City shall be invoiced on one final invoice (along with the originally approved work itemized separately and the additional work clearly identified as approved additional work. VI. MATERIAL REQUIREMENTS A. The City prefers to purchase OEM parts. All materials used for the repair and maintenance of City vehicles shall be in new condition. B. Aftermarket, rebuilt, remanufactured, or exchange parts may be acceptable with prior verbal or written approval by the City before making any (repairs, provided they come with warranties equal to the new part warranties as specified in Section DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 VII, below. The Contractor shall be required to honor the bid pricing and Contract Specifications for such purchases. C. The Contractor may be required to furnish the complete current manufacturer's price list and any parts catalog(s) that may be required by the City. D. An adequate local stock parts and adequate facilities must be maintained at the Contractor's place of business to assure the City of prompt service. The City reserves the right to inspect the Contractor's inventory of parts and facilities prior to award of a Contract and at any time during the Contract. Failure to meet the City's requirements may be for rejection of a bid or cancellation of a Contract at the City's sole discretion. VII. WARRANTIES A. The Contractor shall warrant that all work shall be performed in accordance with the Specifications and be of the highest quality. B. The warranty for equipment and parts provided during repair and maintenance work, found to be defective or,not in conformity to the Specifications, shall be for the manufacturer's warranty period, or thirty-six (36) months, 36,000 miles, whichever is greater, to include the parts, labor, pick-up, and delivery. C. The warranty for Preventive Maintenance (PM) items, and normal wear items such as batteries, belts, bulbs, and tires, provided during repair and maintenance work, found to be defective or not in conformity to the Specifications, shall be for the manufacturer's warranty period. D. The Contractor, in addition to all other warranties, shall be responsible for faulty labor and workmanship and shall promptly correct improper work, without cost to the City, within a reasonable time after receipt of notification of such faulty labor and workmanship or reimburse the City for all costs related to the faulty labor and workmanship. Payments in full or otherwise, do not constitute a waiver of this warrantee. This warranty period shall be effective for one (1) year after acceptance of the work by the City, at a minimum. E. The Contractor shall warranty equipment or parts supplied to the City as wholesale parts which are found to be defective or not in conformity to the Specifications. The City reserves the right to cancel any orders and return such equipment or parts to the Contractor, at the Contractor's expense, with no restocking or shipping charges. F. The Contractor shall provide detailed documentation of all non -warranty work, and all warranty work performed for the City, in a written and electronic format. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 VIII, PRICING A. The labor rate/hours shall be based on a fixed rate per hour. Hours charged shall be based on a published labor rate standard such as Mitchell or Alldata, or actual job hours, with prior verbal (followed up in writing within twenty-four (24) hours) or written approval from Fleet Management. B. Shop supplies and/or environmental fees required to complete maintenance or repairs which are not parts, shall be charged at no greater than 2% of the total invoice and shall not exceed $50.00 per invoice.. C. The parts percentage mark-up shall be based on the Contractor's bid fixed percentage above the Contractor's actual cost of parts obtained through competitive pricing. The City reserves the right to verify pricing with the Contractor's supplier. Written documentation of the Contractor's cost and the Contractor's supplier for parts sold to the City shall be provided to the City within seven (7) business days upon Contractor's receipt of such request by the City. D. Oils and lubricants shall be defined as parts and shall be subject to the Contracted parts pricing. E. The City shall not be charged shipping costs for Contractor stocked items, Contractor stocked items which are `out of stock' or for non -stock items which are available through a local inventory network, for items provided as part of repair and maintenance or wholesale parts purchases. F. Shipping charges for non -stock items which are not available through a local inventory network, special order items or items shipped with expedited delivery at the City's request, shall be estimated and itemized on the quotation provided to the City for such items and shall require prior verbal (followed up in writing within twenty-four (24) hours) or written approval by the City. G. The Contractor should bid all items when bidding for each type of work. For example, Contractor should bid on Markup %, Original Equipment Manufacturer (OEM), Markup %, aftermarket, with prior approval by the City, and Labor Rate. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFI322-0123 SPECIAL CONDITION CLAUSES Please see Exhibit 2 (uploaded as a separate document) Procurement and Contracts Division Page; 10 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair I F622-0123 EXHIBIT 2 SPECIAL CONDITION CLAUSES 1. CONTRACT TERM: It is the intent of the City to award a Contract for a three (3) year term to begin upon approval and execution by the City. The Contract may, by mutual assent of the parties, be renewed for two (2) additional twelve (12) month periods or portions thereof, up to a cumulative total of 60 months. 2. AUTOMATED ORDER ENTRY SYSTEM: B idders should furnish with their bid submittal details of any automated order entry system available for use by the City. 3. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid, unless otherwise specified). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 4. AVAILABILITY OF PARTS/SERVICE FACILITIES The City of Orlando reserves the right to consider the availability of parts and service facilities for the equipment offered. The failure of the Bidder to maintain a sufficient line of parts to service the equipment may be cause for rejection of the bid. 5. REPORTING: The Bidder shall report sales and usage data to the City on an annual basis in MS Excel spreadsheet format. The following data at a minimum should be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Bidder's name • Item description • Unit of measure • Quantity • Unit price • Extended price • Bidder's list price Submission of requested Reports is the responsibility of the Bidder, without prompting or notification by the City. The Bidder will submit by email the completed reports to the Purchasing Agent identified in the Contract. The City shall work with the Bidder to develop the approved electronic format and content of the Contract Sales Reports to be used by the Bidder. Failure to provide reports may be grounds for default and /or cancellation of the Contract. Procurement and Contracts Division Page: 1 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 6. . INSURANCE RE UIREMENTS For this Bid, the following types of insurance that are checked are required. For details, please refer to Section 44 of the Standard Terms & Conditions. ✓ Workers Compensation and Employer's Liability ✓ Comprehensive Automobile Liability ✓ Commercial General Liability ❑ Commercial Crime ❑ Installation Floater ❑ Errors and Omissions Policy ❑ Privacy and Network Security Coverage ✓ Garage Keepers Liability Procurement and Contracts Division Page; 2 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IF1322-0123 EXHIBIT 3 STANDARD TERMS AND CONDITIONS 1. COMMUNICATIONS• QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a. All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this solicitation. b. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a Bidder or potential Bidder (or on a Bidder or potential Bidder's behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding the solicitation by a Bidder, or potential Bidder, including their agents, representatives and others on their behalf, shall be directed to the City's Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a Bidder or potential Bidder under the City's Procurement Code. c. Any questions by a Bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In, order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of bids. Any interpretation made to prospective Bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued, will be conveyed to all prospective Bidders no later than five (5) days before the date set for receipt of bids. Oral answers and written answers not answered in an Addendum issued by the Procurements and Contracts Division will not be binding. d. Bid openings shall be public, on the date and at the time specified on the bid form, with the total bid amount being read aloud. It is the Bidders responsibility to assure that Procurement and Contracts Division page: 11 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-a123 Their bid has been entered online no later than the due date and time of the bid opening. The Bidder's name and verification of bond submittal, if applicable, will be publicly announced aloud at the Bid opening. 2. BIDDER QUALIFICATION: Bids will be considered from Bidders who have adequate personnel and equipment and who are so situated as to perform prompt service or provide required goods. The City reserves the right to request information or conduct an inspection of the Bidder's facility and equipment prior to the award of the contract. Bids will be considered only from Bidders which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. 3. ALTERATIONS/CIIANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated (quantity x unit price). The unit price shall prevail. 4. ADDENDA: It is the Bidder's responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from VendorLink, please ensure that you also download all such Addenda. The failure of a Bidder to submit acknowledgment of any Addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the Bid. 5. UNBALANCED BIDS: As determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced. Procurement and Contracts Division Page: 12 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 6. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids. 7. SELECTIONIREJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 8. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the Bidder for a period of ninety (90) days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation, at the pricing set forth in the bid. 9. QUANTITIES The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all Bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. 10. BIDDER'S CERTIFICATION FORM: Each Bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bids. The form should be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a Bidder to include this document with their bid submittal will be cause for rejection of the bid. 11. SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a Bidder for any item are not in agreement, the unit price alone shall be considered as representing the Bidder's intention, and the totals shall be corrected to conform thereto. 12. INSPECTION, ACCEPTANCE, AND TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the Bidder. Procurement and Contracts Division Page: 13 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair I)F'B22-0123 13. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City's bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company's standard forms, may result in your bid being declared non -responsive. 14. SPECIFICATIONS: a. The specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City's requirements. While the City endeavors to promulgate written specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten (10) days prior to the bid opening. b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired, and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and duality. C. In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the Bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each Bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the Bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid, the successful contractor after award and before emanufacturer or shipment may berequired to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. d. Bidders are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the Procurement and Contracts Division Page: 14 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 equipment and include any literature or other explanation of the equipment's quality or performance with your bid. e. The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. 15. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or 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. 16. PRICES AND TERMS: All prices must be firm for the delivery schedule quoted herein. All prices shall be bid F.O.B. Destination delivered to any City of Orlando Department unless otherwise stipulated in the IFB. 17. TAXES: The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders. 18. POLITICAL SUBDIVISIONS: Under Florida Law, prices contained in State Contracts shall be available to the City of Orlando, who might wish to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City. 19. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder's risk. Procurement and Contracts Division Page: 15 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair 1F 822-0123 20. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act 0nd any standards thereunder. 21. MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the Bidder and must also clearly indicate the City of Orlando Purchase Order Number. 22. INVOICING AND PAYMENT: The Contractor shall be paid in accordance with Florida Statutes, upon submission of invoices to: AP lnvaicesfa�cityoforlando.net or PO Box 4990, Orlando, FL 32802-4990. Invoices are to be billed at the prices stipulated on the purchase order and/or as outlined in this solicitation, All invoices must show the Purchase Order Number and/or City Contract Number. 23. DISCOUNTS: Bidders may offer a discount for prompt payment; however, such discounts shall not be considered in determining the lowest net price for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Bidder is requested to offer price discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office, whichever is later. 24. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor or other invoicing party shall consist of at least all of the following: a. a description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them); Procurement and Contracts Division page: 16 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 b. the unit pricing, quantity and total amount due in accordance with the contract terms and conditions and applicable discount(s); C. the full name of the Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number; d. the Purchase Order or contract number as supplied by the City; and an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; andif the contract requires any subcontractors or other parties to be bound by similar other"flow- down" requirements that those requirements have been complied with. 2. Dispute Resolution in the event a dispute occurs between a Contractor or other invoicing party ("invoicing party) and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than forty-five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the City's Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period asset out above, then a decision against the invoicing party shall be deemed to have been issued. 25. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2"a Floor, Orlando, Florida, 32801 or by calling (407) 246-2148. You may also email your request to records(& orlando.gov. Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty (30) days after bid opening, whichever is earlier. Procurement and Contracts Division Page: 17 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 26. IRREGULAR BIDS: Submissions made on documents other than the ones furnished .by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City's Chief Procurement Officer, however has the authority to waive minor irregularities. 27. CONTINGENT FEES: The Bidder warrants that no City official or employee was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 28. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible Bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible Bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a Bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms, and service reputation of the Bidder. 29. AWARD OR REJECTION OF BIDS: The City's Chief Procurement Officer reserves the right to accept any, all or part of any bids, to waive minor irregularities, or to reject any, all or part of any bids, and to advertise for new bids, as the interest of the City may require. The City's Chief Procurement Officer also reserves the right to reject the bid of a Bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, may be considered by the City's Chief Procurement Officer: a. The ability, capacity, and skill of the Bidder to perform the service required. b. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service. Procurement and Contracts Division Page: 18 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 f. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service. g. The quality, availability, and adaptability of the supplies, or services, to the particular use required. h. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the Bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the Bidder's taxes or assessments are delinquent. j. Such other information as may be relevant or secured. 30. AWARDS: As the best interest of the City of Orlando may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any all bids or waive any informality or technicality in bids received. 31. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the work described herein to more than one responsive and responsible Bidder. In such cases where an award is made to more than one responsive and responsible Bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider's designation as primary, secondary or alternate. 32. PRICING AND ORDERING: The awarded Bidder shall honor all orders in accordance with the terms and conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified, the awarded Bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as -needed" basis within seventy-two (72) hours after being notified of such requirements by the City. 33. RETURN OF PRODUCTS/EQUIPMENT: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return, for full credit, any unused items received which fail to meet the City's performance standards. Replacement items meeting Specifications must be submitted within a reasonable time Procurement and Contracts Division Page: 19 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 after rejection of the non -conforming items. Unless a different time period is specified, the Contractor is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for fuli credit is to be returned in a condition to allow for resale by the contractor and include reference to an applicable Contractor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Contractor Invoice or Packing List. 34. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the Bidder's. Submission of a bid shall constitute acknowledgment by the Bidder that it is familiar with all such conditions. The failure or neglect of a Bidder to familiarize itself with the site of the proposed work, shall in no way relieve it from any obligations with respect to its bid. 35. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-yearperiod, whichever is later. 36. ASSIGNMENT: The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract, and shall keep the same under its control. 37. FISCAL YEAR FUNDING APPROPRIATION: a. Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. Procurement and Contracts Division Page: 20 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IF1322-0123 b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. 38. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City .of Orlando's Code which can be accessed online at: https://www.iiiunicode.coiii/libi-ary/fl/oriando/codes/code of ordinances?nodeld=T1TIICI CO CH7PRC0 or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 39. WARRANTY: Bidder warrants that all equipment, materials and workmanship, whether furnished by Bidder or its subcontractor(s), will comply with the City's specifications, drawings and other requirements. The Contractor warrants -that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one (1) year from completion of the Work, the Contractor shall, at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. 40. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, Bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful Bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization) with their bid, the City shall notify the Bidder of the City's intent to make an award and the Bidder shall submit such form properly executed (together with a letter of authorization, if necessary, as set forth below) within fifteen (l 5) calendar days of receipt of notice from the City. Unless such time is extended by the City, the failure of a Bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall because for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible Bidder or the City's Chief Procurement Officer may decline to Procurement and Contracts Division Page: 21 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IF1322-0123 make an award. Successful Bidders who default in properly executing the Contract and Acceptance Form after notification of the City's intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion, the Contract and Acceptance form shall be executed and notarized as follows: a. If the Contractor is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer (i.e., President, Vice President, C.E.O, orC.O.O.). b. If Contractor is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c. If the Contractor is a limited liability company, the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bindthe company. d. If Contractor is a sole proprietorship, the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory's authority shall be submitted on the Contractor's stationery stating that the person who signed the form is duly authorized to enter into such contract on behalf of the Contractor. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at (407) 246- 2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items awarded and returned to the Contractor evidencing the City's acceptance of the bid. No award shall be final, and no Contractor shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando and the Contractor. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an awarded Contractor shall provide to the City with any required bonds, indemnities, and insurance certificate(s). 41. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the Procurement and Contracts Division Page: 22 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 specifications, the City reserves the right to cancel the Agreement upon written nonce to the Contractor. 42, CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City's Chief Procurement Officer (CPO) or the CPO's designee. 43. INDEMNIFICATION: The awarded Bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and employees' acts, or omission_ s associated with the contract. 44. INSURANCE: General Insurance Requirements. Within seven (7) days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. The Certificate(s) of Insurance shall demonstrate that the awarded Bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven (7) days prior to the expiration date of an insurance policy, the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. b. Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and itssubcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies tothe contrary. Procurement and Contracts Division page: 23 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFIR22-0123 c. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor's and his subcontractors' initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for a Contractor and subcontractor -furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d. Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation, Employers' Liability and any Professional Liability Policy shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. e. Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to, all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f. Types of Coverage to be Provided. Insurance will be provided by the Contractor as may be required by the Special Conditions. If required, the awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" or "other states" endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers' compensation coverage must still be provided for all employees, sub - Procurement and Contracts Division Page: 24 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA IFB22-0123 Sublet Vehicle Repair contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non -owned, or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arisingout of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Contractor under its contract withthe City, and "Completed Operations and Products Liability" coverage (to remainin force for 2 years after final payment and subsequent to project completion). Ifthe Contractor's work, or work under its direction, requires blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iv) Commercial Crime. Prior to performance as a result of award of this bid solicitation, the Contractor shall secure and maintain Commercial Crime Insurance or the equivalent covering all of Contractor's employees engaged in work as specified herein or having access to City buildings. The Commercial Crime Policy, with endorsement CR04010300 covering client's property shall provide a minimum coverage of $300,000 per employee/owner per occurrence and shall remain in effect for the entire contract period and any subsequent renewals. Evidence of required Commercial Crime Insurance shall be submitted to the Procurement and Contracts Division prior to commencing work. Procurement and Contracts Division Page: 25 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 It is highly recommended that Bidders confer with their respective insurance carriers or brokers to determine, in advance of their bid submission, the availability and cost of this required insurance and related endorsement. (v) Installation Floater. Contractor shall purchase and maintain property insurance for the work at the site, including the. value of any City supplied materials and equipment in the amount of the full replacement cost thereof up to the value of the contract. This coverage shall be written on an all risk basis and shall provide coverage for physical loss or damage to the equipment on site, , in transit and while temporarily in storage at the site or off site. Coverage shall also be provided for performance testing, and shall be maintained in effect until final payment is made unless otherwise agreed to in writing by the City. This policy shall include the interest of the City who is deemed to have an insurable interest and shall be listed as a named insured. (vi) Professional Liability. The Contractor shall also purchase, maintain, and keep in full force, effect, and good standing, a professional liability/errors and omissions insurance policy having minimum limits of $1,000,000, with a maximum deductible of $100,000 per claim and in the annual aggregate, or the Contractor shall provide the City with policy coverage wherein the insurer agrees to pay claims (up to the limits of coverage), and will thereafter recover the deductible from the insured Contractor. The errors and omissions policy shall be in effect and shall insure the Contractor's performance on City projects. (vii) C ber Liability Coverage, To the extent that the Contractor/Supplier provides software, hardware, software or system development, consulting services, Internet/Application Service Provided services (e.g., outsourced functions such as web -hosting), or any other technology service, Technology Errors & Omissions (or technology professional liability coverage) insurance, including coverage for loss or disclosure of electronic data, media and content rights infringement and liability, network security failure and software copyright infringement liability due to the failure of the Contractor's/Supplier's products or services with limits of not less than $10,000,000 per occurrence. If the Contractor/Supplier has access to Confidential Information, Privacy and Network Security (sometimes otherwise known as Cyber Liability) coverage which includes providing protection against liability do (a) system attacks, (b) denial or loss of service attacks, (c) spread of malicious software code, (d) unauthorized access and use of computer systems, (e) crisis management and customer notification expenses, (i) privacy regulatory defense and penalties and (g) liability arising from the loss or disclosure of confidential data with coverage limits of not less than $10,000,000.00 per occurrence. (viii) Garage Keepers Liability. Garage Liability Insurance in the amount not less than $1,000,000.00 combined single limit per occurrence for bodily injury and Procurement and Contracts Division Page: 26 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IF1322-0123 property damage endorsed to include: a. Automobile Service Operations; and b. Garage keepers legal liability. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables, left on City property by the Contractor. 46. LICENSES: Unless otherwise extended by the City, the awarded Bidder will be required within fifteen (15) calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits, authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. 47. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity, may not submit a bid with a public entity for the construction or repair of a public building or a public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in §287.017 of the Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the convicted vendor Iist. 48. PAYMENT OF SUBCONTRACTORS (FOR CONSTRUCTION PROJECTS ONLY _) Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaidbills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. 49. AFFILIATED AGENCIES This solicitation is issued by the City of Orlando on behalf of itself and its affiliated agencies, including but not limited to the Community Redevelopment Agency of the City of Orlando ("CRA"), the Downtown Development Board ("DDB"), and the Downtown South Neighborhood Improvement District ("DSNID") (each an "Affiliated Agency"). Upon the written agreement of the Contractor and an Affiliated Agency (or upon the issuance of a Purchase Order by an Affiliated Entity in circumstances where the City places orders by Purchase Order), Contractor shall provide such goods and/or services asset forth in this solicitation to an Affiliated Agency upon the same pricing, terms, and conditions set forth in the Contract between the City and Contractor, unless otherwise Procurement and Contracts Division Page; 27 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA IFB22-0123 Sublet Vehicle Repair agreed in writing by the Contractor and the Affiliated Agency. Except as may otherwise be expressly provided in the agreement or Purchase Order authorizing the acquisition of the goods or services, (i) the procuring Affiliated Agency shall be solely responsible for all obligations and duties, and shall have all rights of the City, with respect to the goods or services procured by the Affiliated Agency; and (ii) Contractor shall look solely to the procuring Affiliated Agency for payment and the performance of any and all other obligations for goods or services contracted for by a procuring Affiliated Agency. With respect to work performed for an Affiliated Agency, actions may be taken on behalf an Affiliated Agency by the Chief Procurement Officer of the City of Orlando, or his designee(s). 50. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with 218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. 51. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 52. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Procurement and Contracts Division Page: 28 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Such purchases shall be deducted from contract quantities or work. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 53. AMERICANS WITH DISABILITIES ACT: Notwithstanding any provision of this solicitation to the contrary, persons with disabilities needing a special accommodation to submit a bid or participate in this solicitation should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801, telephone number (407) 246-2291, not later than seven (7) days prior to the submittal date for accommodations related to the submittal, or seven (7) days prior to the date on which any other accommodation is needed 54. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando's valued suppliers, your business may also.achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • Direct electronic deposit to your primary banking account • Increase in working capital * Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • Reduced billing costs • Enhanced reporting + Increased sales as a "Preferred Supplier" Procurement and Contracts Division Page: 29 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all Contractors to accept the VISA ePayable solution. 55. EMERGENCY SUPPORT: It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after -a disaster, emergency or hurricane. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency. 56. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor's performance, shall remain fully responsible to ensure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the subcontractor fails to perform properly. 57. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 58. GOVERNING LAW 1 VENUE Any contract entered into as a result of this solicitation shall be deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County, Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the contract. 59. FLORIDA PUBLIC RECORDS LAW To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2) (b) I through 4 of the Florida Statutes. IP THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF THE PUBLIC RECORDS AT CIO DEPUTY CITY CLERK, RECORDS(a,ORLANDO.GOV, TELEPHONE NUMBER (407) 246-3538, 400 S. ORANGE AVE., ORLANDO, FL 32801. Procurement and Contracts Division Page: 30 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB2.2-0123 60. RECYCLED CONTENT: In support of the Florida's waste management laws, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used(such as paper, plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that Bidders provide detailed information regardingany known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder's Questionnaire asprovided in this solicitation. If the specifications contained herein require the use of recovered materials, by submitting a bid or response to this solicitation, a respondent agrees and certifies that it will meet such requirement. Upon the conclusion of any contract resulting from this solicitation requiring the use of recovered materials, the Contractor shall submit to the City's project manager for the work a statement regarding the actual percentage of recovered materials utilized in the completion of the contract. 61. LIVING WAGE POLICY: As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only for non -construction, all tiers for construction), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project.) "Living wage" means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Unless amended by the parties, the applicable Living Wage rate in effect when the solicitation is issued shall be applicable for the entire term of the resulting contract, including any renewals. Necessary payroll documentation shall be provided to confirm compliance with this provision or the Respondent shall allow the City to audit (at Respondent's place of business) its payroll records to determine if compliance has been achieved. Failure tocomply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bidand proposal awards for services which involve City expenditures that exceed $100,000.00per year. More particularly, this provision shall apply to single and multiple award Contracts for services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one Contract year. As for multiple award Contracts (Contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that Contract in any one -Contract year, regardless of whether such expenditure was to one Contractor or several, then the living wage provision shall apply to all Contractors who are a party to that award. For those Contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the Contract term, this provision will be applicable to that Contract in the next quarter. To further clarify, the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City's Living Wage Policy. Procurement and Contracts Division Page: 31 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 62. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from .this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the Bidder's response, the order of precedence shall be the contract or purchase order, followed by the solicitation, and then the response to the solicitation. 63. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 64. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 65. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the 'Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Procurement and Contracts Division Page: 32 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair 66. INFORMATION: IF11322-0123 All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 67. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. if necessary, the Contractor shall post signs warning against hazards in and around the work site. 68. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life orproperty, in which case the Contractor shall immediately proceed. No claim for extra workwill be considered valid by the City unless first submitted in writing. 69. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. 70. FEDERAL, STATE, AND LOCAL RULES / APPROVALS: The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. Lack of knowledge by the Bidder will in no way be cause for relief from responsibility. 71. MISCELLANEOUS PROVISIONS: By submitting a bid, the Bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the work covered by the contract and is in all respects fair and without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. Procurement and Contracts Division Page: 33 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase, provision, or other portion of the contract is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portionshall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reasonthereof to or for the benefit of any third parties. The City's Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 72. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Section 287.135(2) of the Florida Statutes, "[a] company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of: Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or 2. One million dollars or more if, at the time of bidding on, or submitting a proposal for, or entering into or renewing such contract, the company: a. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or b. is engaged in business operations in Cuba or Syria." Section 215.473 of the Florida Statutes defines a company to include "all wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit." By submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law above are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, by submitting a response to this solicitation, a respondent certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Any respondent awarded a Contract as a result of this solicitation shall be required to recertify the aforementioned certifications at each renewal of the Contract. The City may terminate any contract resulting from this solicitation if respondent or any of those related entities of respondent as defined above by Florida law are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of Procurement and Contracts Division Page: 34 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IF822-0123 one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Notwithstanding the preceding, the City reserves the right and may, in its sole discretion, on a case by case basis, permit a company on such lists or engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more, or may permit a company on the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services of any amount, should the City determine that the conditions set forth in Section 287.135(4) of the Florida Statutes are met. Accordingly, firms responding to this solicitation shall execute and return with their response an executed copy of the attached, Certification Regarding Prohibition Against Contracting with Scrutinized Companies. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response. 73. FAVORED CUSTOMER CLAUSE: Should the awarded Bidder (also referred to hereinafter as "Contractor"), of a contract resulting from this solicitation sell the same or substantially the same products or services as listed in this solicitation to another Governmental Agency, within the State of Florida, at a lower price than the price listed in this solicitation, the awarded Contractor agrees to extend that same discounted price to the City of Orlando. 74. DRUG FREE WORKPLACE By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug -free workplace in accordance with Florida Statute §287.087. 75. NON-DISCRIMINATION Contractor shall: 1. Implement an employment nondiscrimination policy prohibiting discrimination in the performance of the contract in the hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. 2. Not discriminate in the performance of the contract on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. 3. Incorporate the foregoing requirements in all subcontracts related to its contract with the City. 76. EMPLOYMENT ELIGIBILITY Employment Eligibility: E-Verify System. Pursuant to Section 448,095 of the Florida Statutes, prior to Contract execution and at all times during the term of the Contract, Procurement and Contracts Division Page: 35 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorizedalien. The Contractor shall maintain a copy of such affidavit for the duration of the Contractand, if longer, for any additional audit period provided to the City in the Contract. Pursuantto Section 448.095(2)(c) of the Florida Statutes, the City, Contractor, or a subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. If theCity has a good faith belief that a subcontractor knowingly violated this subsection, but theContractor otherwise complied with this subsection, the City shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. Pursuant to Florida Statute, a contract terminated pursuant to subparagraph 1. or subparagraph 2. of Section 448.095(2)(c) of the Florida Statutes is Lnot a breach of contract and may not be considered as such, and the City shall have no liability to Contractor, a subcontractor, or any entity or person arising -from or related to such a termination. If the Contract with Contractor is terminated by the City pursuant to Section 488.095(2)(c), the Contractor may not be awarded a public contract for at least one (1) year after the date on which the Contract was terminated and Contractor shall be liable to the City for any additional costs incurred as a result of the termination of the Contract. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE STANDARD CONDITIONS SHALL HAVE PRECEDENCE. Procurement and Contracts Division Page: 36 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair I B22-0123 EXHIBIT 4 ELECTRONIC BID PRICING FORM(S) INSTRUCTIONS The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses. All responsive Bidders to this solicitation must submit electronic bids. Paper responses will be deemed non -responsive. BID PRICE INSTRUCTIONS FOR BIDDERS: 1. Once you have logged into your VendorLink account, go to the solicitation on which you want to bid. Then click on "Submit a Quote/Bid." 2. There are two methods to submit your pricing: a) Method "a" - Download the Excel Quote/Bid Spreadsheet and upload it after completion. i. CIick on the VendorLink.xls link to open a fillable MS Excel spreadsheet. ii. Complete the spreadsheet and save. Directions for completing the spreadsheet can be opened by clicking on the Directions.pdf link. iii. Upload the spreadsheet to VendorLink. iv. Verify that your uploaded pricing is correct and appears on the Quote/Bid Items Requested section. b) Method "b" — Manually enter item pricing and other required information on the Quote/Bid Items Requested field(s) in VendorLink. 3. Unit prices for each item bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will prevail. 4. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible Bidder submitting the lowest total bid, the City may choose to award on a "per group" or "per item" basis. Therefore, Bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages may render such bids non -responsive. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair ATTACHMENT A BIDDER'S QUESTIONNAIRE IEEI22-0123 The following questiormaire is to be completed by the Bidder and provided with its bid submittal. If question is not applicable, so indicate by writing "NIA". 1. Discount Payment Terms (if any): J6ta-_2%, if paid within days after receipt of invoice. 2. Is your company willing to accept the VISA ePayable solution for payment of all invoices? EOYes 1:1 No 3. Is your company willing to serve as a secondary supplier in the event your company is not selected for primary award? lzYes J___k_ No 4. CONTACT INFORMATION Ugh 11A _M--rT Name of. Company Idl Name of Contact Individual ZO Y i Contact Address Contact City, State, Zip Contact "Telephone Number jAIG Im, �e 0 ru_� . �Yt hontact Email Address — DUNS Number (Dun & Bradstreet) 5. EXPERIENCE: A. Years in business: l `l L B. Years in business under this it C. Years performing this type of 6. LOCAL SERVICE FACILITY IF APPLICABLE: A. Name of local service center B. Address of local service cent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair IFB22-0123 C. County local service center is located in: D. Contact: i Telephone number: VJ:2 7. SUBCONTRACTORS -for informational purposes only: If the bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work M/WBE City Certirled? (Y or N) 8. RECYCLED CONTENT: VBE Certified (Y or N) A. List of items supplied containing recycled material and the percentage of recycled material contained in the items: B. Is your product packa ed/shipped in material containing recycled content? Yes 1-1No F C. Is your product recyclable after it has reached its intended end use? Yes [] No�] 9. REFERENCES; Please provide references related to the scope of work. Name: Address: Telephone No.: Fax No.: Contact: E-mail: Project/Contract Title, Project Contract Number: Project/Contract Amount: Project/Substantial Completion Date or Percent Complete: Name: Address: Telephone No.: Fax No.: Contact: alLiaklibell E-mail:W L. Project/Contract Title: Project Contract Number: Project/Contract Amount: Project/Substantial. Completion Date or Percent Complete: i ' DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair Reference #3: Name Address: Telephone No.: Contact; 1 r ,,, E-mail: hi'r 1iii. hi, Proieet/Contfact Title: IFB22-0128 Project Contract Number: Project/Contract Amount: Project/Substantial Completion Date or Percent Comp Fax No.. Reference #4: Name Address: Telephone No,: Fax No.: Contact: E-mail: Project/Contract Title: Project Contract Number: Project/Contract Amount: Project/Substantial Completion Date or Percent Complete: AUTHORIZED SIGNATORIES The Bidder represents that.the following; persons are authorized to sign bids, and/or sign contracts and related documents to which the bidder will be duly bound, The City will verify all named signatories on Sunbiz.coxn. If the authorized person is not registered on Sunbiz.com, the bidder should provide with their bid submittal proof of authorization. Name Title Indicate P_rincinai or Authorize Authodt JAL M. Alsiv Avs� 30-sdlae DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA RUSH TRUCK CENTERS OF FLORII)A; INC. Mitten Consent -of Sole Director In Lieu of Special Meeting Pursuant to Section. 141 of the General Corporation Law of the State: of Delaware, the undersigned, being the sole director of Rush Truck Centers of Florida, Inc., a Delaware corporation .(the "Company"), in lieu of special meeting, the notice and call of which are hereby expressly waived, does. hereby consent to the adoption of the following resolution: RESOLVED, that Wade. Bosarge, as Regional Gxeheral Manager, is. hereby authorized to execute on behalf of the Company any and all documents required in connection with quotes, requests for bids, quotations and proposals; and all contracts and related documents contemplated thereby, until he is no longer employed by the Company. Dated effective January i, 2014. W. M. iRusty" Rush BEING THE SOLE DIRECTOR DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehide Repair 1FS22-0123 ATTACHMENT B BIDDER'S CERTIFICATION FORM I. have carefully examined the Invitation for Bids, Instructions to bidders, Standard and Special Conditions, Specifications, Contract and Acceptance Form and any other documents accompanying or made a part of this Invitation for Bids. I hereby propose to furnish the goods or services specified in the Invitation for Bids at the prices or rates quoted in my bid. I agree that nay bid will remain firm for a period of up to ninety (90) days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. I certify that all information contained in this bid, including all exhibits and attachments completed and submitted with this bid, is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this, bid on behalf of the bidder as its act and deed and that the vendor/contractur is ready, willing and able to perforrn if awarded the bid. I certify, under oath, that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service. I further certify that no officer, employee or agent of the City of Orlando or of any other Proposer has a financial interest in this bid. I further certify that the undersigned executed this Bidder's Certification with firll knowledge and understanding of the matters therein contained and was duly authorized to do so. NAME OrFSINESS BY: th SIGNATURE NAME & TITLE, f. EDbR PRINTED 0 MAILING ADDRESS CITY, STATE, ZIP CODE (Y i a? , TELEPHONE NUMBER FAX NUMBER Saf r Y3 riscsLUM E-MAIL A DRE S State of 'V: k.a r i J a,. County of r The foregoing in trument was acknowled1nonli before me by mean of�physical presence orne notarization, this I ra day of _tea , 20 a;? by w % cA e r�>o 5 Q - � (name of person) as type of authoirty, (e.g., officer, trustee, attorney in fact, etc.) for (name of entity/party on behalf of whom instnnnent was executed). Signature of Notary Public - State of Florida Print, Type, or�Nota► Name.:.-- DAWN Commis ion# HH 057502 Expires December 15, 2024 - ..- (Affix Notary Stamp or Seal Above) QPersonally Known or❑Produced Identification 'Type of Identification Produced Qttw,hmnnt R - Rieiripr`a C:nrtifiratinn Fnrm DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehlel a Repair I FB22-D 123 ATTACHMENT C CONTRACT AND ACCEPTANCE FORM Upon execution of this contract below by the City of Orlando ("City"), the undersigned hereby agrees to provide all goods and services set forth in its bid in response to the above referenced solicitation ("Solicitation') in accordance with, and subject to, all terms, conditions, and provisions of the Solicitation at the prices set forth in the undersigned's bid for the items and work awarded to it by the City. This Contract and Acceptance Form together with the (i) Solicitation, including all addenda, and (ii) the undersigned's bid in response to the Solicitation, including all schedules and forms submitted with e bid, all of which are hereby incorporated herein by this reference, shall constitute the formal writt cont� between the City and the undersigned. State of C) SIGNATURE County of O re', V-6 -IML & rat. pef NAME & TITLE, IPE OR PRINTED or nori1J6-Xy--. NAME OF BUSINESS 310- :Di Ver*i- ed 14/Atl MAILING ADDRESS CITY, STATE, ZIP CODE PHONE: [l1`%. Sworn to (or affirmed) and subscribed before the this t0 day of C4e Y-) , 20 P2, by Signature of Notary Notary public, State ofC1_ Personally Knowncircle if a plicable IXON DAWN D R' > : commission # HH 051602 s" r,1 E%plres December 15, 2024 Produced ldcntificati fFl4f 8ondedTlwTtoyFainlsuranoae6e•3e5701e FAX. Type of Identification: E-MAIL: LlYfi rrrrrrrrrrrrrrrrrrrrarr■rrrrrrrrrrrrrrrrrarrrrrrrrr.s•rrrrrrrrrrrrrrrsrrrrrrrrrrrrrrrr FOR USE BY THE CITY OF ORLANDO ONLY This contract is awarded to the party listed above as a: Primary Supplier; tel- Secondary supplier; This contract is for: All Item Numbers: or Item Numbers: 4 1 Sr 6 19, 2 0 r ZI ►23.26, Z-•r X�e 3 �� INITIAL CONTRACT TERM: 40 to 152p 23 ACCEPTANCE: CITY OF ORLANDO, FLORIDA By: -T— Chief Procurement Officer DAVID BILLINGSLEY, CPSM, C.P.M. Date: M e'''(-\A APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Wlaudo, Flo a, only. , Alt — Assistant City Attorney ORLANDO, FLORIDA Date; / , Ge^-- Z� 20 2Z nu...,a-..........a r+ n.....a.,....a ---I n ..---4..--- r........ DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair JFB22-0123 ATTACHMENT D MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM: Chapter 57, Article It; Minority Business enterprise (MBE), and Axtiele III, Women/Owned Business Enterprise (WBE)- of the -Orlando City Code, establishes goals of 18% (MBE) and '6% (WBE)., respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded -to Minority and Women/Owned Business Enterprises (MWBE). For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact. Minority Business Enterprise City Mall at One. City Commons 400. South Oratige.Avenue - 8.`h Floor Orlando, Florida 32801 (407) 246�2623 If your company is currently certified, please enter the. certification .number and the expiration..date in spaces provided below or submit a copy of the certificate received from the City stating that your company.is certified'by the City as. a Minority/Women-Owned Business Enterprise: Business .Name: Certification Number: Expiration Date: There shall be no third party beneficiaries of the Minority Business Enterprise or Women -Owned Business Enterprise provisions of this contract. The City of Orlando shall have the exclusive means of enforcement of the MBE/WBE Ordinance and contract terms. No right of action for non -signatories of the contract is intended or implied. The. City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter, 57, Articles. II and III. In order for a bidder to receive credit for MBE/WBE certification, the firm must:be certified with the City of Orlando MBE/WBE Offiee-on or before the date. set for submittal of bids. City Code Chapter 57, Articles 11. and III, govern the City's Minority and Women Business Enterprise Programs. The awarded Bidder may be asked to meet with the City's M/WBE Department after the Notice of Intended Action -Award of Bid has been posted to discuss any potential subcontracting opportunities with. City certified.MVBE firms. Attachment D - Minority/Woinen Owned Business Enterprise Participation Form DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA sublot Vehicle.Repair ATTACHMENT E VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM 1 FB22-0123 In order to: foster economic development -arid business opportunities, promote: the .growth -and development of local businesses; and rectify the economic disadvantages 'of service -disabled veterans and wartime -veterans who have made extraordinary sacrifices on behalf .of the nation., the City of Orlando has adopted a. Veteran Business Enterprise t VBE') Preference. For further information regarding this program, please refer to Chapter 7 of the Code of the City of Orlando. . RI i order for a bidder to receive credit for VBE certificatioA for this solicitation, the bidder must have its principal place of business in the Metropolitan Statistical Area (i.e. -Orange, Fake, Seminole or Osceola Counties) and be .a certified veteran business enterprise by the State of Florida Department of Management Services as set .forth in Section 2.95.187 of the Florida Statutes as of the date set for submittal of bids. If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a. copy of the certificate received .from -the State of Florida Department of Management Services 'stating that your company is certified as a veteran business enterprise.: Business Name:. 1A Certification Number; Expiration Date: There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall ,have .the. exclusive means of enforcement of the Veteran Business Enterprise. Preference Ordinance and any contract terms. Na right of action, for non - signatories of the contract is intended ,or implied. The City of Orlando is the sole judge of compliance. All solicitations .and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando. Attachment E - VBE .form DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repair ATTACHMENT F CONFLICT OF INTEREST DISCLOSURE FORM IFB22-0123 The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Bid the name of any officer, director, employee or agent (or their spouse or child) who is also an employee or officer of the City of Orlando. Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest of more than five percent (51%) in the Respondents firm or any of its affiliates or subsidiaries. By submission of this Bid, the Bidder certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City (or their spouse or child), directly or indirectly, owns an interest of more than five percent (5%) in the Respondents firni or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain., or in any other way effecting, the award of the contract to this Respondent. Disclosures: Nmlp- Name of Company: &S k, M- V �� P�E�pC.',, , Afts%rhmant F - r nnfiirt of Intarsmat nicrinci iri:� Pnrm DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Sublet Vehicle Repalr IF822-0123 ATTACHMENT H ADDENDUM RECEIPT VERIFICATION Bidders must acknowledge each addenda on this form and upload document to the your bid submittal on vendorlink. Failure to acknowledge and upload EACH addenda may result in a non -responsive bid. The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each): Addendum No. Dated Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Com �(Ira Signature .."Q-f. Print Name Dated Dated Dated Dated Dated Dated Dated Attachment H — Addendum Receipt Verification DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA Form WM9, (Rev. October 2018) Inter Revemeinl nI'l, 3erT ulrco Request for Taxpayer .Identification Number and Certification i Go to on your income tax retu for Instructions and the latest Information. Give Form to the requester. Do not send to the IRS. .a ousinass namareiaregareea entity name, it different ffom above .3 Check appropriate box for federal tax classification of the parson whose name Is anterod on line 1. Chack'only one of the 4 Exemptions (codes apply onry to afollowing seven boxes, certain 611110es; not Individuala;,see. Enstructions on page 3): o Indlviduallsolapropriataror M CCorporatlon Q SCorporatlon ❑ Partnership ❑ Trust/estate single member LLC txempt payee code (If arty) 5 © Limited Ilablilty. Company. Eriter the tax classlNcallon (C=C corporation, SftS corporation, PAPartnership) P, Note. Check the appropriate box In the line above for the tax cfasaification of the single -member owner, Do not check' Exemptton'from FATCA reporting LLC If the LLCMs classl(led as a sfngle-meolbar LLC that Is disregarded from th's owner unless the owner of the LLC is code Of any) another LLO that In not dlaredardad from the owner for U.S. federal tax purposes. Otherwise, a.singla-member LLC that Is disregarded from the owner should check the appropriate box for the tax classllloation of Its owner. Other (ass Instrucilons) ► r/Wnfw fa SOPPr"rs mak,i.h,adaulsda a& us! 8 Addresa'(nuinber, street, and apt or suite no.) See Instructions. Requester'a name and address (aption—oo PO Box 34630 a city; state, and Zip code 5ah Antori)o TX 78265-4630 JMU Tax a er Identification Number (TIN) Enter your TIN In the appropriate box. The TIN proAded.must match.ihe name.given on line 1 to avoid Social sacurity number baftp withholding. For individuals, this Is generally.your social security number (SSN). However, for a m resident allem'sola proprietor, or disregarded entity, see-theinstructlons.for Part I, later. For other entitles, It Es your employer identiffcallon number (EIN). if you do not have a number, see Now -to get a TiN. later: or Note. If the account is in more then one name, see the instructions for line 1. Also see What !Name and I Employar Identification number Number To Give the Aequesterfor guidelines on whose number to enter: 0 6 — t 6 1 '7 7 rt 0$ Under penalties of perjury,! certify that: 1. The number shown on this form is my correct taxpayer Identification number (or 1 am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because, (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a-resuit of a failure to report all Interest or dividends, or (c) the IRS has notified me that f am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. pemon.(deflned below); and 4. The FATCAoode(a) entered on this form (If any) Indicating that i am exempt from FATCA,reporting 1e correct. certification Instructions. You must cross out.item 2 above If you have been notified by the IFIS that you are currently subject to backup withholding because you have failed to report all Interest and dlvldends on your tax return. For real 'estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property,.canceilatlan of debt, contributions to an Individual retirement arrangement (IRA), and.genarally, payments other than -Interest and dividends, you are'not required to sign the certification, but you must provide your correofTIN, See the Instructions for Part 11, later. Signature of U.S. parson General Instructions Section referenges'are io the Internal Revenue Coda unless otherwise noted.. Future developments. For the. latesUnformatlon about developments related to Form W-9 and Its Instructions, such as legislation enacted after they w.era published, go to www.lra.govlf-6rmW9. Purpose of Form An Individual or entity (Form W-g requester) who Is required to file an inibrmatlon return with the IRS must obtaln your correct taxpayer Identification number (TIN) which may be put -social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number. (ATIN), or employer Identlf(oallon number (EIN), to report on an Information return the amount-pald to you, or other amount repbrtable on an Information return. Examples otinforrhation returns Include, butare not limited to, the following. • Form 1099-INT(Interest earned or paid) date ► _ ..I . ck I - i I OW ■ Form 1099-DIV (dividends, Including those from Stocks or mutual funds)' • Form 1099-MISO (various types of Income, prizes, awards, or -gross proceeds) • Form 1099-B (stock or mutual fund sales and certaln other transactions by brokers) • Form.1099-S (prcaaeds:from real estate transactions) • Form 1099-K (merchant card and third party network transactions) + Form 1098 (home mortgage Interest), 1098-1= (student loan interest), 10g8-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition Or abandonntent of secured property) Use Form W-9 onfy if you are a U.S. person (including a resident allen), to provide your correct TIN. if you dp not retum Foim W-9 to the requester with a TiN, you might be subject to backup withholding. See What Is backup withholding, later. Cal. No.10231.t Form W-9 (Raw. 10-2016) DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA NOTICE OF INTENDED ACTION — AWARD OF BID Date: February 181h, 2022 TO: All Bidders Re: Notice of Intended Action — Award of Bids Sublet Vehicle Repair-IFB22-0123 On February 151h, 2022 at 2:00 P.M. Local Time, Orlando, Florida, sealed bids for the above referenced project were received and opened in the Procurement and Contracts Division. This notice serves as official notification that the City intends to award the above referenced project to the following, in the best interest of the City: Rush Truck Centers of Florida Inc of Orlando, Florida. Company City, State If you have any questions regarding the bidding procedures, please contact the Procurement and Contracts Division at (407) 246-2291. We appreciate your interest in doing business with the City of Orlando and look forward to receiving submittals from your firm on future projects. Procurement and Contracts Division Posting Date: February 18, 2022 Time: 5:15 P.M. Note: The Solicitation process is governed by Chapter 7 of the City Code PROCUREMENT AND CONTRACTS DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. Box 4990 . ORLANDO, FLORIDA 32802-4990 PHONE 407.246.2291 • FAx 407.246.2869 • CityofOrlando.nct • esuppl ier. cityoforlando. net N IA211812022 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 0RLANDO February 16, 2022 MEMORANDUM TO: David Billingsley, CPSM, C.P.M,, Chief Procurement Officer Procurement and Contracts Division THRU: Lee Donate, CPP, Procurement Supervisor Procurement and Contracts Division FROM: VarunDesai, Purchasing Agent 11 SUBJECT: Contract for IFB22-0123, Sublet Vehicle Repair The Procurement and Contracts Division opened IFB22-0123, Sublet Vehicle Repair, on February 15th, 2022, at 2:00 p.m. The only bid received was from Rush Truck Centers of Florida Inc of Orlando, Florida. Per City Code Sec. 7,300. C. Single Response, the Chief Procurement Officer may award to the sole respondent if he determines the following criteria have been meet: The Price submitted is fair and reasonable- The Procurement and Contracts Division and the Fleet Management Division reviewed the bid from Rush Truck Centers of Florida, Inc of Orlando, Florida and determined the price was fair and reasonable. 2. Other prospective respondents had a treasonable_ opportunity to respond- The solicitation had five (5) plan holders and over one thousand four hundred (1400) vendors where matched and sent notifications of the solicitation. 3. It is in the best interest of the Qfty to proceed with award- The new contract covers twelve (12) items to be awarded to Rush Truck Centers of Florida Inc. The remaining twenty-seven (27) items will be solicitated again through Invitation for Bid (IFB) process. It is in the best interest of the City to proceed with Rush Truck Centers of Florida since they provide repair to Ford vehicles which covers majority of fleet cars with Fleet Management Division. Based on the information provided above, my recommendation is that it is in the best interest of the City to award the subject contract to Rush Truck Centers of Florida Inc of Orlando, Florida, the lowest; responsive, and responsible bidder. Concur David Billingsley, CPS , .M. Chief Procurement Officer PROCUREMENT AND CONTRACTs DIvisION 400 SOUTH ORANGE AVENUE • P.O. Box 4990.ORLANDO, FLORIDA 32802-4990 PHONI3 407.246.2291 • FAx 407.246.2869 • CityofOrlando.net • esuppliencityoforlando.net - DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA City of Orlando Rush Truck Centers of Florida, Inc. IFB22-0123 : Sublet Vehicle Repair 1925 W. Princeton st. Orlando, FL 32804 Mike Howell Phone: 321 2212300 howellmike@rushenterprises.com Item # Group Item Quantity Unit of Measure Require d Vendor Item Unit Price/ Percent Extended Price/ Percent Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer REPAIR AND (OEM) for GM MAINTENANC vehicles, E OF GENERAL Price/Percent: MOTORS (GM) Percent Brand CARS AND LIGHT TRUCKS, Name/Equal GM Value/Service: FRANCHISE Brand Name 1 DEALER Only 100000 each No 0.00% 0.00% Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior REPAIR AND approval by the MAINTENANC City. E OF GENERAL Price/Percent: MOTORS (GM) lPercent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CARS AND LIGHT TRUCKS, GM FRANCHISE 2 DEALER REPAIR AND MAINTENANC E OF GENERAL MOTORS (GM) CARS AND LIGHT TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC E OF FORD CARS AND LIGHT TRUCKS, FORD FRANCHISE DEALER Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, Original Equipment Manufacturer (OEM) for Ford vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF FORD CARS AND LIGHT TRUCKS, FORD FRANCHISE DEALER REPAIR AND MAINTENANC E OF FORD CARS AND LIGHT TRUCKS, FORD FRANCHISE DEALER Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF DODGE/CHRYS LER CARS AND LIGHT TRUCKS, DODGE/CHRYS LER FRANCHISE DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS LER CARS AND LIGHT TRUCKS, DODGE/CHRYS LER FRANCHISE DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS Description: Markup Original Equipment Manufacturer (OEM) for Chrysler/Dodge vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent Brand Name/Equal Value/Service- Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA LER CARS AND LIGHT TRUCKS, DODGE/CHRYS LER FRANCHISE DEALER REPAIR AND MAINTENANC E OF TOYOTA CARS AND LIGHT TRUCKS, TOYOTA FRANCHISE DEALER REPAIR AND MAINTENANC E OF TOYOTA Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for Toyota vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CARS AND LIGHT TRUCKS TOYOTA FRANCHISE 11 DEALER REPAIR AND MAINTENANC E OF TOYOTA CARS AND LIGHT TRUCKS, TOYOTA FRANCHISE DEALER REPAIR AND MAINTENANC E OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #i Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for all vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF CARS AND LIGHT TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior. approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor, Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 161 REPAIR AND MAINTENANC E OF GM MEDIUM DUTY TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC E OF GM MEDIUM DUTY TRUCKS, GM FRANCHISE DEALER REPAIR AND MAINTENANC Description: Markup Original Equipment Manufacturer (OEM) for GM vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA EOFGM MEDIUM DUTY TRUCKS, GM FRANCHISE 18 DEALER REPAIR AND MAINTENANC E OF FORD MEDIUM DUTY TRUCKS, FORD FRANCHISED DEALER REPAIR AND MAINTENANC E OF FORD Price/Percent- Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, Original Equipment Manufacturer (OEM) for Ford vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model M Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA MEDIUM DUTY TRUCKS, FORD FRANCHISED DEALER REPAIR AND MAINTENANC E OF FORD MEDIUM DUTY TRUCKS, FORD FRANCHISED DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS LER MEDIUM DUTY TRUCKS, CH RYSLER/DO DGE FRANCHISED DEALER Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for Dodge/Chrysler vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 231 REPAIR AND MAINTENANC E OF DODG E/CH RYS LER MEDIUM DUTY TRUCKS, CHRYSLER/DO DGE FRANCHISED DEALER REPAIR AND MAINTENANC E OF DODGE/CHRYS LER MEDIUM DUTY TRUCKS, CHRYSLER/DO DGE FRANCHISED DEALER Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City, Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 251 REPAIR AND MAINTENANC E OF MEDIUM DUTY TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIPI REPAIR AND MAINTENANC E OF MEDIUM DUTY TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF MEDIUM DUTY TRUCKS, Description: Markup Original Equipment Manufacturer (OEM) for all vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 271 INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF NISSAN CARS AND LIGHT TRUCKS, N ISSAN FRANCHISE DEALER REPAIR AND MAINTENANC E OF NISSAN Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for Nissan. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA CARS AND LIGHT TRUCKS, NISSAN FRANCHISE 29 DEALER REPAIR AND MAINTENANC E OF NISSAN CARS AND LIGHT TRUCKS, NISSAN FRANCHISE DEALER REPAIR AND MAINTENANC E OF INTERNATION AL MEDIUM & HEAVY DUTY TRUCKS, INTERNATION AL FRANCHISED DEALER Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for International vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA 321 REPAIR AND MAINTENANC E OF INTERNATION AL MEDIUM & HEAVY DUTY TRUCKS, INTERNATION AL FRANCHISED DEALER REPAIR AND MAINTENANC E OF INTERNATION AL MEDIUM & HEAVY DUTY TRUCKS, INTERNATION AL FRANCHISED DEALER Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in.$, fixed hourly rate for labor. Price/Percent: Price Brand Name/Equal Value/Service: Service Make: Model: Model #: Model Upgrade/ Downgrade: DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR AND MAINTENANC E OF AUTOCAR MEDIUM & HEAVY DUTY TRUCKS, AUTOCAR FRANCHISED 34 DEALER REPAIR AND MAINTENANC E OF AUTOCAR MEDIUM & HEAVY DUTY TRUCKS, FRANCHISED DEALER REPAIR AND MAINTENANC Description: Markup Original Equipment Manufacturer (OEM) for Autocar vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model #: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #: Model Upgrade/ Downgrade: Description: Labor Rate in $, fixed hourly rate for labor. DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA E OF AUTOCAF MEDIUM & HEAVY DUTY TRUCKS, AUTOCAR FRANCHISED DEALER REPAIR AND MAINTENANC E OF HEAVY DUTY TRUCKS, INDEPENDENT REPAIR SHOP (OTHER THAN FACTORY AUTHORIZED DEALERSHIP) REPAIR AND MAINTENANC E OF HEAVY DUTY TRUCKS, INDEPENDENT Price/Percent: Price Brand Name/Equal Value/Service: Brand Name or Equal Make: Model: Model #t: Model Upgrade/ Downgrade: Description: Markup Original Equipment Manufacturer (OEM) for all vehicles. Price/Percent: Percent Brand Name/Equal Value/Service: Brand Name Only Make: Model: Model ##: Model Upgrade/ Downgrade: Description: Markup %, aftermarket, with prior approval by the City. Price/Percent: Percent DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA REPAIR SHOP Brand (OTHER THAN Name/Equal FACTORY Value/Service: AUTHORIZED Brand Name or 38 DEALERSHIP) Equal 40000 each No 20.00% 20.00% Make: Model: Model #: Model Upgrade/ Downgrade: Description: REPAIR AND MAINTENANC Labor Rate in $, E OF HEAVY fixed hourly rate DUTY TRUCKS, for labor, INDEPENDENT Price/Percent: REPAIR SHOP Price (OTHER THAN Brand FACTORY Name/Equal AUTHORIZED Value/Service: 39 DEALERSHIP) Service 750 hour No $90.00 $67,500.00 Sub Total $67,500.00 Shipping $0.00 Total $270,000.00 DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA MEMORANDUM DATE: February 15, 2022 TO: Jonathan D Ford, Fleet Management Division Manager Fleet Management FROM: Varun Desai, Purchasing Agent II Procurement and Contracts Division SUBJECT: Award Recommendation Letter BID NUMBER/TITLE: IFB22-0123-Sublet Vehicle Repair The bids for the subject solicitation were opened on February 15th, 2022. Procurement and Contracts have reviewed the bid submittals for responsiveness. Please see the attached Bid Tabulation Sheet. Pending final review by your office, the recommendation of award is as follows: Line 4, Rush Truck Centers of Florida, Inc, Orlando, Florida. $270,000.00 5, 6, 19, 20, 21, 25, 26, 27, 37, 38, 39. Once submittals have been fully evaluated by you and the Office of MWBE, please sign below to acknowledge your concurrence of this recommendation of award and return by at your earliest convenience. In addition, forward a Fiscal Impact Statement* (in Word format) to the assigned Purchasing Agent. Procurement will then prepare the Council Agenda for award approval and the tirnely development of the Contract(s). Fleet D ignature Fleet Management Division Department Manager PROCUREMENT AND CONTRACTS DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. Box 4990.ORLANDO, FLORIDA 32802-4990 PHONE 407.246.2291 • FAx 407.246.2869 • CityofOrlando.net • esuppliencityoforl ando. net DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA DivISlgN OF CORPORATIONS Dg-p?AMfflt of State 1 Division of Corp-ot&M I $earchhRecor� / Searchby E-UW_Nam 1 Detail by Entity Name Foreign Profit Corporation RUSH TRUCK CENTERS OF FLORIDA, INC. Fig Information Document Number F03000000232 FEIIEIN Number 06-1672108 Date Filed 01/16/2003 State DE Status ACTIVE Princknal Addresg 555 IH 35 SOUTH, STE 500 NEW BRAUNFELS, TX 78130 Changed: 02/23/2009 i WIing Address 555 IH 35 SOUTH, STE 500 NEW BRAUNFELS, TX 78130 Changed: 04/25/2015 Rggistered gent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET DR. TALLAHASSEE, FL 32301 Name Changed: 07/11/2014 Address Changed: 07/11/2014 OfficerlDlrector Detail Name & Address Title CEO, DIRECTOR, PRESIDENT RUSH, W.M. "Rusty" 238 Lismore San Antonio, TX 78258 Title VP DocuSign Envelope ID: 84BE35C5-1413-4D9D-8174-2937A38857CA ANDERSON, SCOTT THOMAS 119 Cliff Run Horseshoe Bay, TX 78657 Title Secretary, Treasurer, VP WEAVER, DERREK 502 Castano Avenue San Antonio, TX 78209 Annual forts Report Year Filed Date 2019 01/22/2019 2020 01/15/2020 2021 04/20/2021 Document Images 04/20/2021 -- ANNUAL REPORT View image in PDF format 01/15/2020 -- ANNUAL REPDRT View Image In PDF format 01/2212019 __ ANNUAL REPORT j View image in PDF forma 01/3012018 --ANNUAL REPORT View image in PDF format J 07/0712017 --AMENDED ANNUAL REPORT., View image in PDF format 04/15/2017 -- ANNUAL REPORT View image in PDF format 0412212016 -- ANNUAL REPORT II View Image in PDF format 0412512015 ANNUAL REPORT View image in PDF format OES12712014 --AMENDED ANNUAL R< PORT View image in PDF format 07AV2014 -- Reg_Agent Change View image in PDF format _.---------- ---------- __..___-_.._J 04/30/2014 -- ANNUAL REPORT View image in PDF format 05(1 @12QJ 3 ANNUAL REPORT View image in PDF formal 04(2712Q12 -- ANNUAL REPORT ........ ....... ..__. _. . View image in PDF format 02/2112011 --ANNUAL REPORT View image in POF format 04 2 10 -- ANNUAL REPORT View Image In PDF format 0 12 23/2009 --_ANNUAL REPORT View image in PDF format 01/31120g8 -- ANNUAL REPORT _J View image in PDF format_t 04120=07 -- ANNUAL REPORT —�— View image in PDF format W 05/1712006 --ANNUAL E^REPORT View image in PDF format 05/0212006 -, Rag. Agent C a ge View image in PDF format 03/1412005 -- ANNUAL REPORT View Image In PDF format 08/1612004 -- ANNUAL REPORT View Image in PDF format 01116/2003 -- Forei go Profit View image In PDF format M'K--e OeVa- 0' 5taic. Divirlo er Cqr{;CrBtlnrt: DocuSign Envelope I D: 84BE35C5-1413-4D9D-8174-2937A38857CA ,. t TY OF 64ah OR LANDO MEMORANDUM TO: Varun Desai, Procurement & Contracts THRU: Janeiro R. Coulter, MBE Division Mari? FROM: Chisha Lewis, Contract Compliance Investigator III DATE: February 28, 2022 SUBJECT: MBE DIVISION APPROVAL MEMORANDUM The Minority Business Enterprise Division concurs with the Procurement & Contracts Division and Fleet Management Division recommendations for the award of IF1322-0123, Sublet Vehicle Repair to Rush Truck Centers of Florida, Inc. in the amount of $270,000.00 per contract year. The scope of work is to provide all labor, material, equipment, supplies and transportation necessary for the performance of repairs and maintenance of the City's light vehicles. r The MBE Division has reviewed the procurement and determined there were no MWBE firms available to provide this service. cc: David Billingsley, Chief Procurement Officer EXECUTIVE OFFICES • MINORITY BUSINESS ENTERPRISE Orlando City Hall • 400 South Orange Avenue • Eighth Floor PO Box 4990 • Orlando, FL 32802-4990 P 407.246.2623 • Oriando.gov Companies can demonstrate Good Faith Effort by achieving MWBE participation or providing documentation of their efforts to do so in such sufficiency that the expected outcome would be MWBE participation (but for they did not) or a combination thereof.