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Contract 2022-113ADocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B AGREEMENT No. 2022-113 FOR FIRE EQUIPMENT, SUPPLIES, AND SERVICES THIS AGREEMENT, is made and entered into this 13th day of September 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 FISHER SCIENTIFIC COMPANY LLC, whose address is: 5907 Hampton Oaks Pkwy, Suite D., Tampa, FL 33610, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Lake County through the public procurement process awarded an Agreement for, FIRE EQUIPMENT, SUPPLIES, AND SERVICES Contract Number 22-730C; 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 Lake County Contract Number 22-730C; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF WORK The CONTRACTOR shall furnish fire equipment, supplies, and services as described in the Lake County Contract Number 22-730C, 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. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until, July 31, 2023 unless terminated or renewed by Lake County. B. 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 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B Piggyback Agreement 2022-113 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 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. C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2) additional two (2) year terms. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Lake County Contract Number 22-730C 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. B. 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 seeking 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. C. 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. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 1 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B Piggyback Agreement 2022-113 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 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. 6. DISPUTE RESOLUTION - MEDIATION A. 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. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. 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. 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 Liability 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 2 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B Piggyback Agreement 2022-113 FIRE EQUIPMENT, SUPPLIES, AND SERVICES B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage 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 Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all 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 caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and 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. 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. DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B Piggyback Agreement 2022-113 FIRE EQUIPMENT, SUPPLIES, AND SERVICES A. CONTRACTOR: Fisher Scientific Company, LLC Attn: Michael Botet 5907 Hampton Oaks Pkwy, Suite D., Tampa, FL 33610 A. OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 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. 4 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B Piggyback Agreement 2022-113 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 9.6. Assi _ ng ment Except in the event of a 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. 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. DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B Piggyback Agreement 2022-113 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the Lake County Contract Number 22-730C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13th day of September 2022. City of Clermont DocuSigned by: . - 26A7692F758C492.. Tim Murry, Mayor DS Attest: DocuSigned by: Tay A4 .Qyd HQ4ot 3AD7F34905B344A... Tracy Ackroyd Howe, City Clerk 11 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B FISHER SCIENTIFIC COMPANY LLC DocuSigned by: By: 9F7999B1D90243B_, (Signature) Print Name: Mi ke Botet Title: sales manager Date:9/19/2022 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B P LAKE COUNTY, FL REAL FLORIDA • REAL CLUSE CONTRACT NO.22-730C For Fire Equipment, Supplies, and Services LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Fisher Scientific Company, L.L.C. (hereinafter "Contractor") to supply Fire Equipment, Supplies, and Services to the County pursuant to County Bid number 22-730 with any included addenda (hereinafter "Bid"), with an opening date of 4/28/2022, and Contractor's Bid response dated 4/26/2022, thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. ATTACHMENTS: Addendum 1 & 2, Exhibit A — Scope of Work, Exhibit B — Insurance Requirements, Attachment 1 — Submittal Form with General Terms & Conditions acceptance, Attachment 2 — Pricing Sheet No financial obligation under this Contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this Contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: N/A The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his option, declare this Contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from 8/1/2022 through 7/31/2023, except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for two (2) two (2) year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY FLORIMj)A- L' By: Gretchen Bechtel, 6PPB Contracting Officer II Date: 07/26/2022 Distribution: Original -Bid File Copy -Contractor Copy -Department PROCUREMENT SERVICES / A DIVISION OF THE OFFICE OF MANAGEMENT AND BUDGET P.O. BOX 7800.315 W. MAIN ST., RM 441, TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473 Board of Cormry Commissioners • www.lakecountyfl.aov DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ADDENDUM NO. #2 22-730 L E COUNTY, FL PEAL FLOFiOA • REAL CLOSE Office of Procurement Services P.O. Box 7800 • 315 W. Main St., Suite 441 • Tavares, FL 32778 SOLICTATION: Fire Equipment, Supplies, and Services 04/12/2022 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of this addendum with submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. OUESTIONS/RESPONSES Q1. Section 5.0 Method of Award - Is it the County's intention to award to multiple vendors as they have done in the past? R1. Per Section 5.0 Method of Award; The County reserves the right to make awards on a lowest price basis by individual item, group of items, all or none, or a combination; with one or more Vendors Q2. Section 3.0 Delivery Requirements and Acceptance — bid calls for delivery of all products within 10 calendar days. For items in stock this is possible, but for items on order the delivery time will vary by product and brand. The delivery time can be given when a quote is requested. R2. Per Section 3.0 Delivery Requirements and Acceptance Section 3.5.1 Back order may be cancelled after the shipment period has lapsed. Cancellation of orders are at the discretion of the County. Q3. Certain manufacturers are now including a significant surcharge to our cost which is in addition to the list price. For the county to purchase these brands off this contract, a surcharge will need to be allowed. R3. The solicitation provides for percent off list price. Cost shall be in accordance with contract pricing. Any additional fees shall be borne of the vendor. ACKNOWLEDGEMENT Firm Name: Fisher Scientific I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: A&hha1 &Co Date: 4/26/2022 Page 1 of 2 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ADDENDUM NO. #2 Print Name: Michael Botet Title: Sales Manager Primary E-mail Address: mike.botet@thermofisher.com Secondary E-mail Address: mbsecl23@gmail.com 22-730 Page 2 of 2 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ADDENDUM NO. #1 22-730 olk LA E COUNTY, FL REAL FLORIDA • REAL CLOSE Office of Procurement Services P.O. Box 7800 • 315 W. Main St., Suite 441 • Tavares, FL 32778 SOLICTATION: Fire Equipment, Supplies, and Services 03/28/2022 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of this addendum with submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. OUESTIONS/RESPONSES Q1. I reviewed the attachments for bid 22-730 on Lake County's website and it doesn't look like the attachments have any items that need to be priced. Is there a file with the equipment and supplies you would like pricing for? R1. Attachments 2A and 2B — The vendor shall list manufacturer brands supported. Q2. I am looking at the Bid/RFP Number: 22-730 bid opportunity and wanted to find if I am not seeing the Attachment 213, properly? I have opened and downloaded, but I am not seeing any of the equipment or supplies listed. R2. Attachments 2A and 2B — The vendor shall list manufacturer brands supported. ACKNOWLEDGEMENT Firm Name: Fisher Scientific I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: Ah;Z6agl Pow Date: 4/26/2022 Print Name: Michael Botet Title: Sales Manager Primary E-mail Address: mike.botet@thermofisher.com Secondary E-mail Address: mbsecl23@gmail.com Page 1 of 1 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES The County is establishing a vendor pool for fire equipment, supplies, and services. The County does not guarantee a dollar amount to be expended on any resulting contract(s). 1. SCOPE OF SERVICES All items purchased shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). MSDS sheets shall be provided with the shipment of any hazardous materials as required by 29 CFR 1910.1200. 2. CONTRACTOR'S RESPONSIBILITIES Contractor shall: 2.1. Provide a website address for product and price lists for viewing and downloading. 2.2. Provide (upon request) a downloadable file of current catalog and manufacturer's price lists for the brands quoted. 2.3. Provide all labor, material, and equipment necessary for contract performance. 2.4. Provide an intensive training program to County staff regarding the use of the products or services supplied. 2.4.1. Contractor shall bare all costs of registration fees, manuals, texts, or instructional materials associated with the required training. 2.4.2. Training shall be at no additional cost to the County. 3. DELIVERY REQUIREMENTS AND ACCEPTANCE 3.1. Deliveries shall be FOB Destination— Inside Delivery. 3.2. Delivery will be to a county location named during order placement. 3.3. Deliveries shall be made within ten (10) calendar days and during regular business hours 3.3.1. Monday through Friday, 8:00 a.m. to 5:00 p.m. 3.3.2. Excludes County Holidays 3.4. Emergency orders shall be delivered within forty-eight (48) hours. 3.4.1. The County will advise when the order is an emergency. 3.4.2. Emergency/Disaster deliveries may be required during non -business hours. 3.5. Back orders shall be filled within ten (10) calendar days from the initial scheduled delivery. 3.5.1. Back orders maybe cancelled after shipment period has lapsed. Page 1 of 3 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 3.6. County staff may pick-up in person if authorized in writing by supervisor. 3.6.1. Contractor shall maintain a copy of the written authorization. 3.7. County reserves the right to cancel an order after the order shipment period has lapsed. 4. REBATES AND SPECIAL PROMOTIONS 4.1. All rebates and special promotions offered by a manufacturer shall be passed on to the County. 4.2. Contractor shall be responsible to notify the County of rebates or special promotions. 4.3. Special promotions shall be offered to the County if pricing is lower than contract pricing. 5. REPAIR SERVICES 5.1. Hourly rates shall be straight -time and be full compensation for labor, equipment use, travel time, and any other incidentals. 5.2. Contractor shall possess all required equipment necessary to make effective repairs. 5.3. Contractor shall be factory certified to service equipment. 5.4. Contractor shall assume risk of loss or damage to County property until returned and accepted by County. 5.5. Contractor shall submit a written estimate for each service project. 5.5.1. The estimate shall be itemized and include: 5.5.1.1. Anticipated start date and completion date. 5.5.1.2. Number of hours at contracted hourly wages for project completion 5.5.1.3. List price of materials and discount per Attachment 2 — Pricing Sheet. 5.5.1.4. Lump sum estimates are not acceptable. 5.6. No work shall commence without a written Notice to Proceed. 5.7. All materials, workmanship, and equipment shall be subject to inspection and approval. 5.8. The Contractor shall correct all deficiencies/defects in work failing to conform to standard within ten (10) calendar days of notification at Contractor's expense. 6. TRAINING 6.1. Contractor shall supply a minimum of one (1) comprehensive repair and parts manual. 6.1.1. Manuals shall be included with equipment upon delivery. Page 2 of 3 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B EXHIBIT A — SCOPE OF SERVICES 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES 6.1.2. Manuals may be electronic. 7. WARRANTY REQUIREMENTS 7.1. The Contractor agrees that all materials shall be new, warranted for their merchantability, and fit for a particular purpose. 7.2. The Contractor agrees that the product and/or service furnished shall be covered by the most favorable commercial warranty. 7.3. Contractor shall assume the risk of loss of damage to the County's property during possession and until delivery and acceptance of property to the County. 7.4. The Contractor shall correct all apparent or latent deficiencies, defects in work, or any work that fails to conform at the Contractor's expense within ten (10) calendar days. [The remainder of this page intentionally left blank] Page 3 of 3 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B EXHIBIT B — INSURANCE REQUIREMENTS 22-730 A. CONTRACTOR will purchase and maintain at all times during the term of this Contract, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action, for injuries received or damage to property relating to the performance of duties, services, or obligations of the CONTRACTOR under the terms and provisions of the Contract. An original certificate of insurance, indicating that CONTRACTOR has coverage in accordance with the requirements of this section must be received and accepted by the COUNTY prior to contract execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY'S Project Manager and Procurement Services Director within five working days of such request. The parties agree that the policies of insurance and confirming certificates of insurance will insure the CONTRACTOR in accordance with the following minimum limits: i. General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate Products -Completed Operations Personal & Adv. Injury Fire Damage Medical Expense Contractual Liability $1,000,000/2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 Included ii. Automobile liability insurance, including owned, non -owned, and hired autos with the minimum Combined Single Limit of $1,000,000 iii. Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers compensation insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured, he or she will not hold the COUNTY responsible for any payment or compensation. iv. Employers Liability with the following minimum limits and coverage:. Each Accident $1,000,000 Disease -Each Employer $1,000,000 Disease -Policy Limit $1,000,000 B. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, will be named as additional insured as their interest may appear all applicable policies. Certificates of insurance must identify the RFP or ITB number in the Description of Operations section on the Certificate. C. CONTRACTOR must provide a minimum of 30 days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. Page 1 of 2 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B EXHIBIT B — INSURANCE REQUIREMENTS 22-730 D. Certificates of insurance must evidence a waiver of subrogation in favor of the COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. E. CONTRACTOR must provide a copy of all policy endorsements, reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. A certificate of insurance (COI) will not be accepted in lieu of the policy endorsements. F. Certificate holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 G. All self -insured retentions will appear on the certificates and will be subject to approval by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self - insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment of losses and related claims expenses. H. The COUNTY will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention will be the sole responsibility of the CONTRACTOR or subcontractor providing such insurance. I. CONTRACTOR will be responsible for subcontractors and their insurance. Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and terms in accordance with the CONTRACTOR'S requirements. J. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of liability, damages, and accidents as set forth herein. [The remainder of this page is intentionally left blank.] Page 2 of 2 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ATTACHMENT 1 — SUBMITTAL FORM 22-730 The undersigned hereby declares that: Fisher Scientific has examined and accepts the specifications, terms, and conditions presented in this Solicitation, satisfies all legal requirements to do business with the County, and to furnish FIRE EQUIPMENT, SUPPLIES, AND SERVICES for which Submittals were advertised to be received no later than 3:00 P.M. Eastern time on the date stated in the solicitation or as noted in an addenda. Furthermore, the undersigned is duly authorized to execute this document and any contracts or other transactions required by award of this Solicitation. 1.0 TERM OF CONTRACT The Contract will be awarded for an initial one (1) year term with the option for two (2) subsequent two (2) year renewals. Renewals are contingent upon mutual written agreement. The Contract will commence upon the first day of the next calendar month after Board approval. The Contract remains in effect until completion of the expressed and implied warranty periods. The County reserves the right to negotiate for additional services/items similar in nature not known at time of solicitation. 2.0 PAYMENT The Contractor shall email the County's using department (e nng_ inerCc�lakecount�fl.gov) an accurate invoice within 30 calendar days after delivery. Invoices should reference the purchase/task order, ship date, tracking number, and ship -to address, list price, percent discount, and unit cost. Failure to submit invoices in the prescribed manner will delay payment. Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. The County will remit full payment on all undisputed invoices within 45 days from receipt by the appropriate County using department. The County will pay interest not to exceed 1 % per month on all undisputed invoices not paid within 30 days after the due date. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor accepts MasterCard for payment: YES 3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS: I certify that I have reviewed the General Terms and Conditions for Lake County Florida and accept the Lake County General Terms and Conditions dated 5/6/21 as written including the Proprietary/Confidential Information section. YES Failure to acknowledge may result in Submittal being deemed non -responsive. 4.0 CERTIFICATION REGARDING FELONY CONVICTION: Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? NO 5.0 CONFLICT OF INTEREST DISCLOSURE CERTIFICATION: Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this Submittal is made without prior understanding, agreement, or connection with any Page 1 of 3 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ATTACHMENT 1— SUBMITTAL FORM 22-730 corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. None 6.0 CERTIFICATION REGARDING BACKGROUND CHECKS: Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, the Vendor hereby confirms that any personnel so employed will have successfully completed an initial, and subsequent annual, Certified Background Check, completed by the Contractor at no additional cost to the County. The County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify the County in full for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES 7.0 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The County does not establish specific goals for minority set -asides however, participation by minority and non -minority qualified firms is strongly encouraged. If the firm is a minority firm or has obtained certification by the State of Florida, Office of Supplier Diversity, (OSD) (CMBE), please indicate the appropriate classification(s) not applicable not applicable and enter OSD Certification Number Click or tap here to enter text. and enter effective date Click or tap to enter a date. to date Click or tap to enter a date. 8.0 FEDERAL FUNDING REQUIREMENT: N/A 9.0 RECIPROCAL VENDOR PREFERENCE: N/A 10.0 GENERAL VENDOR INFORMATION: Firm Name: Fisher Scientific Street Address: 5907 Hampton Oaks pkwy, suite D City: Tampa State and ZIP Code: 33610 Mailing Address (if different): Click or tap here to enter text. Telephone: 407-687-9509 Fax: Click or tap here to enter text. Federal Identification Number / TIN: 23-2942737 DUNS Number: 00-4321519 11.0 SUBMITTAL SIGNATURE: I hereby certify the information indicated for this Submittal is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this Submittal on behalf of the Vendor. I, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addenda. Name of Legal Representative Submitting this Proposal: Mehaol &oc Date: 4/26/2022 Print Name: Michael Botet Page 2 of 3 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ATTACHMENT 1— SUBMITTAL FORM 22-730 Title: Sales Manager Primary E-mail Address: mike.botet@thermofisher.com Secondary E-mail Address: mbsecl23@gmail.com The individual signing this Submittal affirms that the facts stated herein are true and that the response to this Solicitation has been submitted on behalf of the aforementioned Vendor. [The remainder of this page is intentionally blank] Page 3 of 3 DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ATTACHMENT 2A - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Fisher Scientific ITEM # SAVE AND SUBMIT AS AN EXCEL FILE 1 www.fishersei.com SHOP LOCATION 2a 5907 Hampton Oaks plcwy, suite D, Tampa, FL 33610 2b Pete Klieger- Service Center Manager- 813-495-4408 2c Labor for Equipment Repair (not under warranty) $110.00 per hour 2d Pickup or delivery services offered? yes 2e Pick up / delivery fee for Equipment $0.00 per call The following information is required for price redetermination consideration. Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of fuel? 20% Which does the firm use: Diesel fuel or Gasoline? both Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages? 65% Assuming prices quoted include costs for vehicles, maintenance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of materials? 15% Lake county is exempt trom all taxes (P'ederal, State, Local). A Tax Exemption Certificate will be furnished upon request for any direct purchasing. Contractor will be responsible for payment of taxes on all materials purchased by the Contractor for the project. LIST MANUFACTURER SUPPORTED. 3 1 MANUFACTURER ThermoFisher CAD thermoFisherEnvironmental Silent Partner 908 devices Scott Safety flow test Scott safety hydro test Respirator fit testing Factory Hourly Service Rate Authorized Service Center? YES/NO 110$/hr yes 110$/hr yes 110$/hr yes 110$/hr yes 58$/per yes 34$/per yes 28$/ner ves DocuSign Envelope ID: 56183DC9-OB73-4EO3-829F-663AF519CC8B ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Fisher Scientific SAVE AND SUBMIT AS AN EXCEL FILE FIRM'S WEBSITE: www.fishersci.com Warehouse Location(s): tampa, atlanta, pittsburgh, california Contact Information For Emergency/Disaster Services (24/7) Name: Buddy Mills Email: buddy.mills@thermofisher.com Emergency Phone: 407-952-1077 List manufacturer brands supported. MANUFACTURER Percent Off List In Stock / Lead Time Freight Included WEBSITE 3M Scott SCBA 32.00% 30 days yes https://www.3m.com/3M/en US 3M Scott Thermal Imager 11.00% 30 days yes https://www.3m.com/3M/en US 3M Scott parts 25.00% 3 days yes https://www.3m.com/3M/en US 3M Company respirators 20.00% 3 days yes https://www.3m.com 908 Devices 2.00% 30 days yes https://908devices.com/products Alco-Lite 12.00% 30 days yes https://www.fireladder.com Amerex 20.00% 3 days yes http://www.amerex-fire.com Ansell gloves 25.00% 3 days yes https://www.ansell.com/us/en ansell chemical suits 10.00% 30 days yes www.ansell.com AEMC 3.00% 30 days yes https://www.aemc.com Anchor Fire Protection 7.00% 30 days yes https://www.anchorfi rep rotection. corn Amkus 3.00% 30 days yes https://amkus.com Ansul 16.00% 30 days yes https://www.ansul.com Ansul/chemguard 12.00% 30 days 1yes www.*ohnsoncontrols.com Blackline Safety 14.00% 14 days yes https://www.blacklinesafety.com Biocheck 5.00% 30 days yes http://biocheckinfo.com Blowhard Fans 12.00% 30 days yes https://www.blowhardfans.com Bouton Optical 10.00% 10 days yes www.pipglobal.com Bullard thermal 22.00% 30 days 1 yes https://www.builard.com Bullard helmet 36.00% 30 days yes www.bullard.com Bullard other 20.00% 30 days yes www.bullard.com Conspace/Savox 5.00% 30 days yes https://savox.com Coast Lights 12.00% 10 days yes https:Hcoastportland.com CMC 15.00% 30 days yes https://www.cmcaro.com Decon 7 5.00% 30 days yes https://www.decon7.com Dragon Fire Gloves 5.00% 30 days yes https://www.dragonfiregloves.com Dupont 35.00% 10 days yes https://www.dupont.com Draeger instrumentation 12.000/c 110 days I yes https://www.draeger.com/en-us us Duo Safety 3.00% 30 days 1yes https://www.duosafetvxom DocuSign Envelope ID: 56183DC9-OB73-4E03-829F-663AF519CC8B ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES MANUFACTURER and Cromwell Fire Innovations FireDex bunker gear Fire Dex accessories FireDex helmets firedex boots Percent Off List In Stock / Lead Time Freight Included 5.00% 30 days yes 35.00% 10 days yes 2.00% 45 days yes 10.00% 10 days yes 45.00% 90 days yes 25.00% 14 days yes 40.00% 45 days 1yes 40.00% 30 days lvpq WEBSITE ions. www.Tireaex.com www_firarlax_rnm Fire Wipes 5.00% 14 days yes https://firewipes.com Fox Fire Lites 5.00% 30 days yes https://foxfirelites.com Fox Fury Lights 13.00% 14 days yes www.foxfury.com genesis 2.00% 30 days yes www.genesisrescue.com Gemtor 5.00% 14 days yes http://www.gemtor.com gear wash 2.00% 10 days yes www.gearwash.com Hot Shield 5.00% 30 days yes https://www.hotshield.com High Com 20.00% 30-45 days yes https://www.highcomarmor.com Honeywell instrumentation 18.00% 30 days yes https://sps.honeywell.com/us Innotex accessories 35.00% 14 days yes https://innotexprotection.com/en unnOteX Near I AO-011% 90 riavc Ivac I Justrite 10.00% 10 days yes https://www.mustrite.com Kappler 12.00% 30 days yes https://www.kappler.com Kochek 3.00% 30 days yes https://kochek.com KFT 3.00% 45 days yes https://www.firetrainer.com koehler lights 14.00% 10 days yes Lens Lock Body Cam 5.00% 30 days yes https://www.lenslock.com Lion chemical suits 7.00% 30 days yes www.lionprotecs.com Majestic Apparel cost + 1 30 days yes https://ma0hoods.com moldex 35.00% 10 days yes www.moldexxom MSA Gas Detection 12.00% 14 days yes https://us.msasafety.com/Portable-Gas-Detection Niedner 25.00% 30 days yes OHD Quantifit machine 15.00% 14 days yes https://ohdusa.com OHD Quantifit accessories 7.00% 14 days yes https://ohdusa.com PIP 20.00% 10 days yes www.us.pipglobal.com Power Hawk 5.00% 30 days yes www.powerhawk.com PowerBreezer 10.00% 30 days yes https://www.powerbreezer.com Paul Conway Shields 10.00% 30 days yes https://www.paulconwayshields.com Pelican 15.00% 14 days yes https://www.pelican.com/us/en Petzl 28.00% 30 days yes https://www.petzl.com/US/en Pigeon Mountain Industries 15.00% 30 days yes http://www.pmirgp..com Pacific Helmets 10.00% 30 days yes https://www.pacifichelmets.coLm- Reflexite 5.00% 30 days yes https://reflexiteameri'cas.com RIT Safety Solutions 1 8.00% 30 days yes https://ritsafetysolutionsxom Rae Systems meters 15.00% 30 days Rae Systems area monitor 2.00% 45 days Rescue Pro Inc 5.00% 30 days RPI 7.00% 30 days Saint Gobain 15.00% 45 days c.net bain DocuSign Envelope ID: 56183DC9-OB73-4E03-829F-663AF519CC8B ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES MANUFACTURER Percent Off List In Stock / Lead Time Freight Included WEBSITE Shelby Gloves 20.00% 10 days yes https://www.shelbyglove.com Sterling Rope 10.00% 130 days yes https://sterlingrope.com SuperVac 18.00% 30 days yes https://supervac.com Simulaids 12.00% 30 days yes https://simulaids.co. Streamlight 43.00% 10 days yes https://www.streamlight.com Silent Partner Technologies 5.00% 10 days yes https:Hwww.silentpartnertech.com ThermoFisher Radiation 3.00% 30 days yes https://www.thermofisher.com/us ThermoFisher CAD 2.00% 30 days yes https://www.thermofisher.com Thermofisher environmental 2.00% 30 days yes www.fishersci.com Tactical Electronics 5.00% 30 days yes https://www.tacticalelectronics.com True North Gear 17.00% 14 days yes https://www.truenorthgear.com Tingley 12.00% 10 days yes https://www.tingleyrubber.com Tele-Lite 9.00% 14 days yes http://www.tele-lite.com Tempest Fans 20.00% 30 days yes https://tempest.us.com Turtle Plastics 5.00% 30 days yes https://www.turtleplastics.com Underwater Kinetics 10.00% 14 days yes https://uwk.com Yates Gear 8.00% 30 days yes http://www.yalg5gear.com Ziamatic 22.00% 30 days yes https://www.ziamatic.com