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2011-91
SUPPLIER AGREEMENT'FOR BATTERIES FOR AUTOMOTIVE AND GENERAL USE THIS AGREEMENT, made and entered into this day of / /6 2011, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY "), and BATTERY USE, INC., 1840 S. Combee Road, Lakeland, FL 33801, (hereinafter referred to as "SUPPLIER "). WHEREAS, Lake County, Florida issued ITB No.: 08 -0807 for the provision of battenes for automotive and general use; WHEREAS, based on SUPPLIER's response, Lake County entered into Contrcat No. 08- 0807 with SUPPLIER; WHEREAS, CITY desires to utilize the SUPPLIER's contract with Lake County in accordance with CITY's procurement policy; and WHEREAS, SUPPLIER desires to enter into a contract with CITY based on the terms and conditions of Lake County contract No.: 08 -0807. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The SUPPLIER shall furnish batteries and related accessories as descnbed in Lake County contract No. 08 -0807, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from SUPPLIER; To the extent of a conflict between this Agreement and Exhibit "A ", the terms and conditions of this Agreement shall prevail and govern. ARTICLE II - THE CONTRACT SUM CITY shall pay SUPPLIER, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until 3- 3 /- &j 1 , unless terminated as provided for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to SUPPLIER, terminate this Agreement if: a) without cause 1 and for convenience upon thirty (30) days written notice to SUPPLIER b) SUPPLIER is adjudged to be bankrupt; c) SUPPLIER makes a general assignment for'the`benefit of its creditors; d) SUPPLIER fails to comply with any of the conditions of provisions of this Agreement; or e) SUPPLIER is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK The SUPPLIER shall provide all items in the timeframe as set forth in the applicable purchase order. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, SUPPLIER shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month. CITY shall make payment to the SUPPLIER, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for items provided and accepted by the CITY. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and SUPPLIER shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be 'enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The SUPPLIER shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the SUPPLIER shall require the subSUPPLIER similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the SUPPLIER. Such insurance shall comply with the Flonda 2 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 SUPPLIER shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. SUPPLIER's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain dunng the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from 'claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) SUPPLIER's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Fonn $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubSUPPLIER's Public Liability and Property Damage Insurance - The SUPPLIER shall require each of his subSUPPLIERs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subSUPPLIERs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the SUPPLIER shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not 'limited to attorney's, fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the SUPPLIER, any subSUPPLIER, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of 3 indemnity which would otherwise exist as to any party or person descnbed in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the SUPPLIER, any subSUPPLIER, 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 SUPPLIER or any subSUPPLIER under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The SUPPLIER hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII - 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. SUPPLIER: Battery USA, Inc. 1840 S. Combee Rd.. Lakeland, FL 33801 CITY: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX — MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 4 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or .part thereof, -shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by SUPPLIER. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by SUPPLIER, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. SUPPLIER expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. SUPPLIER expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. ARTICLE X - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order 5 3. All documents contained in Lake County ITB, 08 -0807, Suppliers response thereto and Lake County Contract No.: 08 -0807. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 17OUe,YLher t 2011. tc rte ,„ City of Clermont or 911 S. Turville, Jr., May Attest: esz,44:41.. ,...Tracy • • o yd, City Cl Battery USA, Inc. I 44(A- (e.--vi,/ e Es R• 1,,#WLESS , (1 Printed Name and Title Attest: Corporate Secretary (Name Printed or Typed) 6 EXHIBIT A LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1 Modification No.: 3 2. Contract No.: 08 -0807 Effective Date: January 1, 2011 Effective Date: December 3, 2007 3. Contracting Officer: Roseann Johnson 5 Contractor Name and Address. Telephone Number: (352) 343 -9765 Battery USA, Inc 1840 S. Combee Road 4. Issued By: Lakeland, FL 33801 Procurement Services Lake County Adlnuustration Building Attn. James Lawless 315 W. Main St., Suite 416 Tavares, Florida 32778 -7800 6 SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION. To extend contract for a period of twelve (12) months expiring December 31, 2011. 8 Contract. %. Signature ' UIRED 9. Lake County, Honda Na i I I� ,/• i . //111 By: / Ti //o Senior Contra g Officer /I /; Z �� -/`l� / o21 /j Date 10. Distribution. Original - Bid No. 08 -0807 Copies - Contractor Contracting Officer P 0 BOX 7800.315 W MAIN ST , TAVARES, FL. 32778 • P 352 343 9839 • F 352 343 -9473 Board of County Commissioners • it ww labeconnhJl gov JENNIFER HILL SEAN M PARKS, AICP, JIMMY CONNER LESLIE CAMPIONE WELTON G CADWELL District 1 Dist, rct 2 District 3 District 4 District 5 LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1 Modification No. 2 2. Contract No.: 08 -0807 Effective Date: January 1, 2010 Effective Date: December 3, 2007 3. Contracting Officer. Roseann Johnson 5. Contractor Name and Address Telephone Number. (352) 343 -9765 Battery USA, Inc. 1840 S. Combee Road 4 Issued By: Lakeland, FL 33801 Procurement Services Attn. James Lawless Lake County Administration Building 315 W. Main St , Suite 416 Tavares, Florida 32778 -7800 6. SPECIAL r ecur INSTRUCTIONS: this form to address shown n Block u 4 withinitten Block 8 (10) days after receipttp preferably by written oe modification a and return s system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, wluch was previously provided. 7. DESCRIPTION OF MODIFICATION: To extend contract for a period of twelve (12) months expiring December 31, 2010 8. Co • acto � s Signature IRED 9. Lake County, Florida - By: N r• Senior C ntracting Officer ///5709 (MN 01 Date: Date 10. Distribution: Original - Bid No. 08 -0807 Copies - Contractor Contracting Officer P O BOX 7800.315 W MAIN ST , TAVARES, EL 32778 • P 352 343 9839 • I' 352 343 -9473 Board of County Comnuss+oners • u mug lahecounly l gov JIMMY CONNER LINDA STEWART WELTON G CADWELL JENNIFER HILL ELAINE RENICK I District District 1 District 2 District 3 District 4 Wh, LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT LAKE COUNTY, FLORIDA 1. Modification No • 1 2 Contract No.: CT08 -0807 (08 -0807) Effective Date: January 1, 2009 Effective Date: December 3, 2007 3. Contracting Officer: Roseann Johnson 5. Contractor -Name and address: Telephone Number: (352) 343 -9765 Battery USA, Inc. 1840 S. Combee Road Lakeland, FL 33801 4. Issued By: Lake County, Florida Procurement Services Atm: James Lawless Lake County Administration Building 315 W. Main St., Suite 416 Tavares, Florida 32778 -7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, wluch was previously provided. 7. DESCRIPTION OF MODIFICATION: To extend contract for a period of twelve (12) months expiring December 31, 2009. 8 Contractor's Signature R U IRED 9. Lake County, Florida Name 01 By: Title (/ V1'V 1 Date f 0/ Contracting Officer 'fl) Irk, e—l 200f Date 10. Distribution: Original - Bid No: 07 -0807 Copies - Contractor Contracting Officer Depts: P O BOX 7800.315 W MAIN ST , TAVARES, FL 32778 • P 352 000 0000 • F 352 000 0000 Board of County Commissioners • it mr laAecamgJl gov JENNIFER HILL ELAINE RENICK DEBBIE STIVENDER LINDA STEWART WELTON G CADWELL District 1 Dist; rct 2 District 3 D, t, rct 4 Drstrrct 5 LAKE COUNTY FLORIDA CONTRACT NO. 08-0807 For BATTERIES, AUTOMOTIVE AND GENERAL USE LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida, Its successors and assigns through its Board of County Commissioners (hereinafter "County ") does hereby accept, with noted modifications, if any, the bid of Battery USA Inc. (hereinafter "Contractor') to supply Batteries, automotive and general use to the County pursuant to County Bid number 08 -0807 (hereinafter "Bid "), addenda nos N/A opening dated November 7, 2007 and Contractor's November 16, 2007 Bid response 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: NIA No financial obligation shall accrue against the County until Contractor shall make delivery pursuant to order of the County Procurement Services Director. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: None The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any Toss or damage by reason of such breach, whether this Contract is terminated or not said Contractor and their surety for any required bond shall be liable. This Contract is effective from Decembe 2007 through ■ er 3'l Z 08 excep t the Coun reserves the right to terminate this Contract l r 3 mmedliery for cause and /or ac c o un s and with thirty (30) day written notice for the convenience of the County. This Contract provides for four (4) one (1) year renewals at Lake County's sole option at the terms noted In the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Director. LAKE COUNTY, FLORIDA By: _ L_ ____ Procurement ervice pervisor Date: A.01, m , , . . 2 , 4 Distribution: Original -Bid File Copy - Contractor Copy - Contracting Officer "Earning Community Confidence through Excellence In Service° Office of Procurement Services 315 W. Main, Suite 416 P.O. Box 7800 Tavares, Florida 32778.7800 Ph (352) 343 -9839 Fax (352) 343-9473 `e.4p+_� . LAKE COUNTY FLORIDA INVITATION TO BID (ITB) BATTERIES, AVTOIVIBB1LL AND GENERAL USE 1TB Number: 08 -0807 - Contrnet Number: ‘26, — 0460 7 Issue Date: Novombcr,7 2 0 0 7 Opening Date!1TImc: Novemb Pre -Sid: N/A _ Contracting Officer: Rose= Joh CPP _ -- _ � " •, - -7._ . j i � n ';11:; �: y its "X:�: 117 1 �R�t1� M i�_u . . ... � t .!:. _..'�_ ti t •• C • . .' - - - If - - — ... SECTION 1: General Teens and Conditions Pages 2 -5 SECTION 2: Special Terms and Conditions Pages 6-18 SECTION 3: Statement of Work Pages 1.9-20 SECTION 4: Pricing /Certifentions /Signnturba ;rages 21 - 23 SECTION 5: Attaclhnents _ _ - - Pages 24 =22 114 c Y I� pV 1j1 .Z it 0 l ' ft `} /' if � : a .. ; AS' i .r -r PrQ and /or Performance Bond Not lic nblc for Oils ]TO Ce rtificate of Competeh Not applicable fbr this 17 _ 1ndeninillcation/Insuranco: See Section 2.8 Pie-Bid Conference/Walk - The:: Not applicable for this 1173 - At the dato and tints specified above, all bids that have been received in a timely manner will be opened recorded, and accepted for consideration. The names of the bidders submitting bids will be read aloud and recorded. The bids will be available for inspection during normal business hours its the Office of Procurement Services within ten (1 0) working days after the official bid opening date, When counter- signed by an authorized County representative, this document end any specifically identified attachments may form the formal contract document bindingtho parties to all performance specified herein. Vendors shall complete and return the entirety of this 1TB Document, and nttach all other information requested in this ITQ document (see Provision 2.13). Failure to sign the bid re ponce, or to submit the hid response by the specified time and date, may be cause for rejection of the bid. Nd- RESPONSE_REPbY If any vendor does 11QS want to respond to This solicitation at ti thnc, or, would like to be removed from Lake County's Vendor List, please mark the appropriate space, complete name below and return this page only. ❑ Not interested at this time; keep our limn on Lake: County's Vendors List for future solicitations for this product / service ® Plcasc remove our firm from Lake County's Vendor's List for this product 1 service. J ViJNfO1t IDE `l O V1CA / Company Nam: _it /'tJ4I _ Phone Number: J / 3 -�6 , _ ,1 E-mail Address: N if , ajaktigignoteiM CuntnetPerson: 1 - - - - - - _ CSR ate � 1.III�, �� CERTIFICATE OF LIABILITY INSURANCE Ba -1____ _ 01/04/07 _ 660661111 THIS CERTIFICATE I8 ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Has000>E Insurance - Lakeland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Boa 320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. n Lakeland TL 23002 Phone; 069 -0B9 -2220 Feat B6$ -603 -3900 INSURERS AFFORDING COVERAGE NAIC H - WdA10 �11iIlaM tomie1, Ina01:1l14G61 Cal a ny _ - -_ musk IMO Insuranea COWpIln�� 24 124 Battery DM. €s alai ®0 wa.A, 16111111 ht. `; .�.� ..- -r Darer Solution* BBB, 'nu. -- lui 1040 8. Cosine' 11®ad liitla■R �, _ Lakeland Pb 33001 mute, COVERAGES - 1ri olog4 9 , altliteri tail 0 tl19YltIaYE pp' mum 76 tNt 'plot DhUQP mpg km IfilthW IFILI60Il 11H I* $I!1Utat, P I MP OP llPWIVl F. IMO m'Imo! 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Ben. 1000000 auraI, tWi111Y ImlwlnIamb Nwl t 1,0001 B R 111r 24CC16101010 12/31/06 12/91/07 FP lai11ill - .. — A11041 WYLY OMAN 1 Op pre P6w116g1113 MHO X iia1DAVID* later peNY/ • peefammill Y Noumea mum __,. - - —,— - • l�al aarw: � .,. -N laYWIY -- owedl *mag iA MOWN! v - - , 1 ph AlAO - - chill in!v 6.66C61 1 Mil bey ,M 1 _ Iaw1od11�1linti - ! 5,000,000 _ __ szemenoetlaul 1.10411v C 171 &easel El a.anWel OB3833670 32/91/00 12/31/07 ainolt i 9,000 !l+ —x--11 .1 w1lwtii o 110/ 44111 1 _,� - 1 . 1 �` . Halo. MlAYIIIlim14161►1'etldle r y�we - iA ovum eiwr. l i tan! =AIM I am/ M1P ?1Funixidul6'P$Lld!!PN . 111161101610160161,1101106 . lanKe01610160161,1WOl01 1I mu id [ 1 6 . t Na !FMB MOP 11,10MLRI6/a4Mlf. _. Ijl WWI 1M14 1 1111111 - mtswrIN v artounuo,ibeefzid IMIlma! gmuswai skid, al iniiM1MINTI MOM, Moal4ri Automobile Paste and 0ltpp.lea eietr4b 4$# a CERTIFICATE HOLDER CANCELLATION 1MB98CD 174ftRa Wei ea Aifrit 61taMiW1114ava i1t111a111ii1®1talbn 61666A11 14i Insured '■ COpy ape pomp, set mix* wlw milli 'nAI,nw 10 (A TI for 01.ts1 btltinn sr /Mt' 111101 oppmfun 10:LcamiAvin 10II 1111 en.AaumI0$ $0! 1 • Duplication WPM AD ~Ana all Iu(1it1YMAa,wa9wil t1I I II MV S on ,maalatstiai ... Adf1 ! ACORD 26 (2001108) mot_ to ACORD CORPORATION 1888 S -1111.1"lillIll.11.111611."lillMIIIIIIIII"liIlliMillIl P E141:1 II R Effective March 1, 2006 0 SUPERIOR BATTERY MANUFACTURING COMPANY, INC. soled Ie chr4nge without nonco BATTERY SPECIFICATIONS BCI SBM PERFORMANCE RATINGS MAX. OVERALL DIMENSIONS GROUP PART NOTES CRANKING AMPS RESERVE Aix. (IN INCHES AND MM,) 1 4) CAPACITY mow NO Na ' @ 0 F al 3V F @ 25AMPS LENGTH WIDTH HEIGHT 12 your ,\II I'O\'1U I'IVI'; 22F 22F18 A,C 415 515 60 30 9 141 238 6' 171 8" 208 22NF 22NF A,C 450 560 80 32 9" 238 5 " 138 9 229 24 2425 A,C,F,H 725 900 120 44 10'a 268 8°" 170 9 229 2423 A,C,F,H 850 810 105 41 10" 258 0'" 170 9 229 2421 A,C,F,H 525 650 90 38 10" 258 6" 170 9 229 2418 A,C,F,H 400 500 60 33 10'" 258 5" 170 9 229 24R 24F25 A,C,F,H,` 725 900 120 44 10° 258 6' 170 9 229 24F23 A,C,F,H,' 650 810 105 41 10 ' 258 6" 170 8 229 24F21 A,C,F,H,' 525 850 90 38 10" 258 6" 170 9 229 24F18 A,C,F,H; 400 500 60 33 10►" 258 61 170 9 229 25 2520 A,C,F,H 600 625 76 33 9 229 6" 169 8" 222 26 2622 A,C,F,H 500 625 85 30 8" 206 6'" 171 8" 208 2620 A,C,F,H 400 500 70 28 8" 208 6'" 171 B'" 208 26R 20R22 A,C,F,H,' 500 825 85 30 8" 208 6 " 171 8 208 28820 A,C,F,H," 400 500 70 28 8" 208 8" 171 8 " 208 27 2724 A,C 700 875 120 48 12 305 6 167 9 229 2722 A,C 605 755 90 44 12 305 6" 167 9 229 27R 27F24 A,C,' 700 876 120 48 12 305 0 167 9 229 34 3425 A,C,F,H 650 810 115 3B 10 " 268 8" 171 8'n' 205 3423 A,C,F,H 535 665 100 36 10" 258 e 171 8 " 205 34R 34R25 A,C,F,H 650 810 115 38 10" 25B 6" 171 8" 205 35 3520 A,C,F,H 500 626 76 33 9 229 6" 189 8" 222 36R 36R26 A,C 650 810 128 44 10"' 260 7" 181 7" 197 41 4126D A,D,H," 560 680 125 30 11'" 287 6" 171 6" 175 42 4222 A,C,H 415 515 65 31 9 237 6 175 8 " 173 45 4521 A,C 450 560 80 32 93 237 5 " 138 9 229 51 5123 A,C,R 425 630 70 28 9" 235 4 125 8" 219 51R 51R23 A,C,R 426 530 70 28 9" 235 4 125 8' 219 53 53KD A,D," 300 375 50 26 13 329 4" 118 8" 212 55 5521 A,C,H 450 560 80 31 9'" 238 6 " 164 8" 218 58 5825 A,C 550 685 90 32 9'" 235 7 " 181 7 178 5822 A,C 450 565 67 29 9 " 235 7 "' 181 7 178 58R 58R25 A,C 550 885 90 32 9" 235 7" 181 7 178 62 6223 A,C 525 650 90 35 8" 222 6 "' 159 8" 228 84 8424 A,C 550 686 95 42 11 291 6 0 159 8" 226 SUnRIOR UPI 71RY MANUFACTURING CO., INC, PO, Box 1010 . 2515 Hwy. 910 Rustnll Springs, Ky, 42542 (270) 866=6056 Fax (270) 865.6066 PAGE 1 o14 M PERFORMANCE RATINGS SBM ERVE A MAX. OVERALL DIMENSIONS SCI S NOTES CRANKING AMPS RESpProx (IN INCHES AND MM,) GROUP PART r 4 ) CCA CA CAPACITY WEIGHT NO. NO. 6 0° F (� 32° F el 25 AMPS LENGTH WIDTH HEIGHT 12 V O 1:1' A Il `1Y) Nl 0 I \' I 65 6529 A,C,H 850 1060 150 46 12 306 7'' 167 7" 193 6526 A,C,H 650 810 120 42 12'" 306 7" 187 7" 193 70 7022 C,F,1 500 625 85 31 8" 206 7'" 181 7" 182 7020 C,F,H,S 400 500 70 28 8" 208 7" 181 7 " 182 74 7425 C,F,H,S 725 900 120 44 10" 258 7" 180 8" 209 7421 C,F,H,S 625 650 90 3$ 10" 268 7" 180 8" 209 75 7525 C,F,H,S 700 875 100 35 9 229 7" 180 7" 182 7522 C,F,H,S 500 625 85 31 9 229 7" 180 7" 182 78 7827 C,F,H,S 770 900 128 40 10" 259 7" 180 7" 182 7824 C,F,H,S 600 750 100 38 10 " 250 7" 180 7" 182 12 \'OI.:1' AU'1O(\1O'1'I \'L - IJNIVERSAI. II:A'1 28/70 70T25 A,C,F,H,S 805 755 100 33 5" 204 7' 181 8" 208 70T22 A,C,F,H,S 500 625 85 31 8" 204 7" 181 8" 208 70T20 A,C,F,H,S 400 500 70 28 8' " 204 7" 181 8'" 208 25/75 75T25 A,C,F,H,S 700 875 100 35 9 229 71)1 180 8" 210 75T22 A,C,F,H,S 500 825 85 31 9 229 7 " 180 8 210 78T27 A,C,F,H,S 770 960 128 40 10" 259 7" 180 8" 208 34/78 78T24 A,C,F,H,8 600 750 100 36 10" 259 7" 180 8" 208 LAWN AND GARDEN IBA'I U1 U1LS6 C,F 300 375 40 19 7" 195 5U 130 7" 184 U1LS4 C,F 245 305 26 17 7 " 105 5 " 130 7 "" 184 U1LS2 C,F 175 220 20 16 7" 195 5" 130 7" 184 U1R U1RS6 C,F 300 375 40 19 7" 195 5" 130 7 184 U1RS4 C,F 245 305 28 17 7 " 195 5'' 130 7" 184 U1RS2 C,F 175 220 20 16 7 195 5' 130 7" 184 12 MIA' (_)Itl)iNANCE BATTER' _ 8TL 6TL •" 825 1010 216 69 10 " 278 10" 266 9 229 PERFORMANCE RATING OVERALL DIMENSIONS MAX. SCI SBM NOTES CRANKING AMPS Aim GROUP P PART . 4 ) CCA CA Hour Ampere (IN INCHES AND MM,) @ 0° F @ 32° F 20 HR Rate LENGTH WIDTH HEIGHT 12 \'OI,'1' Jlti 1 Ai \1 TRUCK/TRACTOR TRUCK/TRACTOR BATTERIES RIE,S N Series NSOOLD N,D,Y," 380 450 45 23 9" 238 6" 135 8" 219 NSOOD N,D,Y," 360 450 45 23 9" 238 5" 0 135 8" 219 NS4OZLD N,D,Y," 280 350 35 19 7 " 195 5 127 8'" 227 NS4OZD N,D,Y," 280 350 35 19 7 " 195 5 127 B'" 227 NS150D A,D,Y," 850 1080 150 84 20 508 7 " 183 10" 257 N200D A,D,Y," 1000 1250 200 77 20" 521 11 279 10" 270 N150D A,D,Y, " 850 1660 150 84 20 508 8" 222 10 257 N1200 A,D,Y, 580 720 120 50 19 " 505 7" 183 10" 257 N1000 A,D " 660 820 100 40 16" 408 5 " 176 9" 233 SUPERIOR BATTERY MANUFACTURING GO., INC, P 0 I3ox 1010 - 2516 Hwy. 510 Russell Springs, Ky, 42542 (270) 8G5.6088 Fax (270) 866 (3060 PAGE 2 of 1 '--" PERFORMANCE RATINGS ptax MAX, OVERALL DIMENSIONS SCI SBM NOTES CRANKING AMPS RESERVE Ap GROUP PART CAPACITY �� (IN INCMit$ AND MM.) ( 4 ) CCA CA NO. NC' 0 0° F a 32° F @ 25AMPS L WIDTH HEIGHT 12 VUI - ;] (_'OMA')I R( IAI 11,1'1 "1 1 I I1 Heavy Duty Series 3 g1� Aq HDA31 A,C,F,H 1000 1250 200 85 12'" 328 6'" 171 9°'" 237 Iny+ "I +) HDA29 A,C,F,H 900 1125 180 82 12" 328 8' 171 9" 237 HDA25 A,C,F,H 725 800 150 56 12" 328 6" 171 9" 237 HDA23 A,C,F,H 635 790 120 50 12" 328 5" 171 9 " 237 31T HD31 C,F,H,T 1000 1250 200 65 12' 328 6'" 171 9" 237 rthrandod POW HD29 C,F,H,T 900 1126 180 62 12 328 6 " 171 9" 237 HD25 C,F,H,T 725 900 150 65 12" 320 6" 171 9"14 237 HD23 C,F,H,T 635 790 120 50 12" 328 6" 171 9 " "' 237 High Performance Satins 31A HPA31 A,C,F,H,P 1000 1260 200 65 12" 328 6 171 9 " 237 IAumrntuvu Post) HPA27 A,C,F,H,P 825 1030 165 69 12" 326 6"' 171 V° 237 HPA25 A,C,F,H,P 725 900 150 55 12" 320 6 171 9" a 237 31T HP31 C,F,H,P,T 1000 1250 200 65 12" 328 6" 171 9" 237 (Thz,ndod Pn i) HP27 C,F,H,P,T 825 1030 166 59 12" 328 6" 171 9" 237 HP25 C,F,H,P,T 725 900 160 55 12" 328 8 171 9s' 237 Severe Duty Sorloe (Attlmo 31A SDA31 A,C,F,G,H,P 950 1185 200 85 12" 328 6'" 171 9" 237 SDA25 A,C,F,G,H,P 700 876 150 55 12r" 328 6 " 171 9 " 237 311' 151331 C,F,G,H,P,T 950 1185 200 65 12" 328 6" 171 9" 237 (Threddad Ppllt) 5025 C,F,G,H,P,T 700 876 150 55 12" 328 6 171 9 " 237 30H 30H25 A,C 725 900 150 55 12 " 328 6°" 171 0 1 ' 241 30HR25 A,C 725 900 150 55 12"' 328 6" 171 9'° 241 40 4011C G,H,Y 1300 1625 376 114 20" 527 8 +u'( 220 10 255 4035 H,Y 1080 1350 300 103 20" 527 8 116 220 10 255 4D31 H,Y 920 1150 225 95 20 527 8" 220 10 255 4DLT 4DLT Y 900 1125 200 80 10" 505 8" 206 8" 206 50 8DHC G,H,Y 1400 1750 450 134 20" 527 10" 277 10 255 8047 H,Y 1400 1750 435 131 20 527 10 277 10 255 8045 H,Y 1300 1625 400 125 20 " 527 10" 277 10 265 81337 H,Y 1100 1375 320 117 20" 527 10" '277 10 255 17TF 17TF0 D," 610 635 120 40 16'x' 429 5" 172 7 197 8C1 Series are available with optional terminal (cell Customer Service Department for details) (6 VOL!' COMMERCIAL, 1 __ GP125 C 700 875 150 31 8 "" 227 8'" 171 8" 222 2E 2E27D 0, 615 770 186 28 19'" 486 4 102 8 226 2N 2ND 0, "• 810 760 145 25 11" 292 6 "" 178 9'" 235 4 0P433 C 1000 1250 240 47 12 " 318 8 167 9" 238 1711F 17HPD D; • 400 500 95 20 7" 185 6" 172 9 ? " 240 19L 19LD D," 620 860 120 21 8 "" 210 8" 170 7" 192 SUPERIOR BATTERY MANUFACTURING CO., INC. P a Box 1010 - 2515 Hwy 010 Itunell Swifts, Ity. 42642 (270) 860.5050 Fall (2 B PAGE 3n( 4 Imo 00 Form S® 1 SPC __ PERFORMANCE RATINGS BCI $BM � MAX. OVERALL DIMENSIONS GROUP PART NOTES CRANKING AMPS 1 CAPACIYY (IN INCHES AND MM,) Page 4 ) CCA MCA NO, NO. a 0° F © 32° F 23 AMP /26 AMP LENGTH WIDTH HEIGHT 24M M2427 C,F,H,M 800 1000 145/130 47 10" 258 6' 170 9 1a 231 M2421 C,F,H,M 525 650 100/90 39 1Q" 258 6" 170 9" 231 M2418 C,F,H,M 400 500 74/60 34 10" 258 6 ' 170 9 231 12 VOI:1' MARINI DEEP I' CYCLING 11A'1II 24M 24D21 G,H,M,Y 525 655 140/120 43 10 272 6 165 0' 235 24019 G,H,M,Y 476 595 115/100 40 10 272 6°" 168 9 " 235 27M 27027 G,H,M,Y 750 940 210/185 58 12 320 6°'0 168 9 235 27D23 G,H,M.Y 025 780 170/145 51 12° 320 6B' 188 9 64 235 27021 G,H,M,Y 525 655 150/120 48 12 320 6°" 168 9" 235 31M 31D29 F,G,H,M,Y 850 105Q 240/215 64 12' 320 6" 171 9v'• 237 4DM 4DM43 G,H,W,Y 1300 1825 415/375 114 20" 527 8" 213 10" 268 8DM BDHCM G,H,W,Y 1400 1750 520/450 135 2e 527 10 277 10" 268 PERFORMANCE RATINGS MAX. OVERALL DIMENSIONS BC) SeM NOTES RESE�//B ' GROUP PART (page q) Hour Ampere CAPACII,' �1� (N INCHES AND MM.) N0. NO. 20 HR Rato 75 AMP 25 AMP LENGTH WIDTH HEIGHT 6 \''OI I' (;01,1 CAR 3C2 GC -1050 W 210 108 420 59 10" 260 7" 181 11" 284 Iles: AA SAE Rost 9 Bus Par B1 But; Bar w /SAE Pool i C Calcium Construction D Dry - Charge F Flat Cover Design 0 Glass Met H Handle L Type L Post M Marine Twin Post M2 Flag Marble Post N Small Pencil Post w /removebla Shim P Plate Bonding Pkn.00 R Recessed Vent Design 5 Side Poat T Threaded Post W VVIngnut Pot Y Hybrid Construction ' No End Wall Hold -downs " Denotes product can be manufactured either In or outside of tho USA : ' 1 irm tiro L 4C'" ieascial 'po A 8Cf wn ► P' 801 Typo 8 Application battery RTcrmlflal lbrmtnul ° T Noto M Tenon Post ea Comtlnatlott Tirana; Specification Sheet. Nato A Tl Note T 'Milne; ntttwl Nola W Note 0 Note T SUPERIOR BATTERY MANUFACTURING CO., INC. P 0, Oox 1010 - 2615 Hwy, 910 Russo° Springs. Ky, 42642 (2711) 866.60.56 Fax (270) 868 =6066 PAGF 4 of 4 A 8td yr y $chod rrlvd 0oliv Delive — 12 A ce i cO MONTH Account 0 977974 60 Series Battery Number of 11412 8ut<Iness Nam4 Ba2ry► USA nc Order Form Ooflvery address 1840 8 Combee Rd Number of PIMA City, State, Zip Lakeland, F1.33801 PO N Contact Nnmo _ Phone Email Address Fax ACDolce Part Number of GM Part Pallet Total Pieces Group Size Pallets CCA RC Number Number Quantity Ordered Ordered 24 ACD24 -60 88900671 630 95 96 24F ACD24F60 88900683 630 95 96 26 ACD26 -60 89021992 550 85 120 26R ACD26R60 _ - 89021093 550 85 120 25 ACD25 -80 88900685 560 85 104 34 ACD34 -60 88900680 885 100 96 ACD35.60 88900681 540 85 104 _ MUM ACD41.60 88900690 685 110 84 - 42 ACD42 -60 88900695 480 70 100 47 AC047 -80� 88900699 630 I _ 104 48 ACD48/91 -80 88900893 725_ 90 84 _ 49 ACD40 -60 88900892 895 i25 72 _ 51 ACD51.80 88900687 460 75 128 MEM AC D51 R60 88900698 480 Ma _ 128 58 ACD58 -60 88900678 _ 560 80 _ 104 58R ACD58R80 88900694 580 80 104 65 Ca65-80 88900877 875 140 72 70 ACD70.60 88900884 525 80 20 75 ACD75.60 88900669 _680 90 104 MEM ACD78 -60 88900682 710 100 84 70DT ACD2670 88900672 580 95 120 78DT ACD3478 88900670 W 115 96 80 ACD8D36 88900689 1 210 420 _ 32 4D ACD4D36 88900696 1 050 335 40 31 AC01109C 88900675 735 170 64 31 ACD1149C 88900678 625 160 MEM 31 ACD31 TP 88900674 950 180 64 - 31 ACD3ITS 88900873 950 180 84 4 ACD4-36 88900697 950 280 72 27 ACD27DC 88900686 IMO 170 84 U1 ACDUI -12 _ _ 88900679 250 25 120 MARINE ACDM24C 88861317 1 000 120 72 IMMO ACDM27C 88861318 i 060 125 83 MARINE DC ACDM2413C 88861319 715 125 72_ MARINE DC ACDM27DC _ 88861320 845 180 63 Totals SpecificatIons subject to chime without notice. 8 -mall completed order form to done tannor@t gm,com or fax to 810.806.3609 Form dam /1200u 2008 Go sotroa War Form • GSA (3) (4.0 1 U.S. Battery Manufacturing- Company ( 675 Sampson Ave. 4. , ' ° ' + Corona, CA 92789.1889 • " . « � 1 = t 1 ,)� ~: � , 1 , r ' . � ' ' : t; . : ( 800) 695 -0945 —(951) 371.0090 - — it Was' w- (951) 371 -4671 Fax - infoCslisbatte - e . ((_. 11 . 4, / f x r )' ' 4 . 9 ' 0° .'" -f , 0 ,_:....... ._,....,- 4._ ,..,. .tG ., lilt • ,/,.e-,I,, F� = • I lz�i �Ne NM , -: tip 0 . ' . - i } --� V. Siuttdard Tcfminal Tdrminnl Opitons big . .-, tnu—sm odard 111' 611ro1 "V 11ua1 ' SAE„ Smnll "L" 107/8". 111/8" 107/8" ' 107i8" 10718" ,11" Typo Voltage C�t�iacily Minutes I 6 Hr 20 Hr Dimension inches Om) Weight 25 AH [5G AH I75AH Rate AH I ,at r� Ali_ I. l W I H __ Ilas (' i) US 1600 = 6 392 _ — A 107 160 208 -- _ 101/4 711rte 10 7/8. 23, 58 r - — --2-66— — ; 181 ' l_ 7 ; 6 mil ho ghl ottagurementn wmo oItpined uning Sp ttCApBi" ' Intornot; www.battery•UBa.Ca1» Email; takelbnr1s bnttbry'UAAR4m Battery USA, Inc. 1040 S Comber; R4,1,Auxuati FL 33801 Exceeding your Expectations I SUGGESTED LIST PRICE WITH EXCHANGE Ratings Fo n epmm.ryiil eamintiH11 July I. 2007 Warranty Warranty l3CI Group BUSH Part Suu intal Llrl Suggested Menthe & Months & Confdential SW Flo. C a1/RC CA (� 3TF Voltage Price Roo prico CoatfMo. Cost/Mo. Cart grow M. of Irv./ Ai Of t VW UnlvorQ7I Dual Tormin ;il 01' -1 605/100 755 12 82.95 74.95 80 1.38 30 2.78 5160 26/70 07.2 500 /85 625 12 72.95 64.65 50 1,40 25 2.92 46.50 _ DT-3 400170 500 12 87.96 60.95 40 1.70 20 140 42.00 0734/78 770/128 960 12 100.95 90.95 60 1.68 30 3. 6 01.00 34178 0734/788 800/100 750 12 81,05 73.95 50 1.04 25 128 52.50 Automotive AppliGsiticm 22NF 22NF 450/80 660 12 74.95 07.95 24 3,12 12 6.24 48.90 24/24FAA 725/120 960 12 8895 77.95 00 1.45 30 2.90 57,00 24 4 24F 111=21 8501105 810 12 77.05 6995 60 1,30 30 2.00 50.50 24/24FB 400140 500 12 67.95 60,95 SO 1,30 25 2.72 30.60 25 25A 500/76 625 12 79.95 71.95 60 1.33 30 2.06 48.50 28/26R 26/268 (R) 400/70 500 12 62.95 56.95 50 1,26 25 2.52 40.00 27/27FAA 700/120 875 12 01,95 81.95 60 1,53 30 3.06 59.50 27 8 27i 27/27FD 605/95 755 12 80.95 72.95 50 1.62 25 3.24 5100 29NF 29NF 420/100 530 12 06.95 87.95 40 2.42 20 4.84 60,00 34/34R 34A 650/115 810 12 82.95 74.95 60 1.39 30 2.78 54,50 35 NG= 500(80 MEM 12 70.95 71A5_ GO 1.33 30 2.66 46.00 30R 36RA 650/130 810 MOM 86,05 87 95 00 1.82 30 324 63.00 41 41A 520/100 750 12 97,05 88.05 60 1.63 30 3.28 57.50 - 42 42A 425/55 510 12 70.95 88.95 BO 1.28 30 166 49.00 47 47B 500/65 750 12 _ 102,95 92.95 50 2,06 30 4,12 60.50 48 488 550/95 725 12 _ 125,95 112.95 50 2.52 25 5.04 73.50 49 498 750/135 IIIM 12 155.95 140.95 50 112 25 6,24 91.50 50 50A 600/110 780 12 148.95 131.85 60 2.45 30 4.90 86.00 518 51R 51/51RD 425/70 570 12 70.98 _ 71.95 50 140 25 3,20 61.50 _ 5800 550/90 750 12 75.05 67,95 60 1,27 30 2.54 49.00 58 a 588 58RAA 550/00 750 12 75,95 67.95 60 1.27 30 2.54 40.00 59 59A 590/100 750 12 104.95 04.05 80 1.75 30 3.50 8660 04A 550/05 660 12 90.95 Illatill 60 1.52 30 3.04 56.50 656 850/150 1060 12 97.95 87.95 50 196 25 3.92 04.00 050/120 810 MEM 85.95 75.85 50 1.72 25 3,43 55.50 05 70B 400170 500 12 52 05 55,05 50 1.26 25 2.52 40,00 75 75A 650/115 780 111110311. 75 95 87 95 00 127 30 2.54 54.50 78 78A 770/130 960 12 90,95 MOM 69 1.52 30 3.04 _ 6000 Gull Gar - G and 8 Volt. US125 242 A31 NIA 6 166,95 149.95 6 Mo R 12 13.91 105,50 GCS U61800 208 AH N/A 6 119,95 100.95 Replacement 12 991 74.50 U82200 232 AH N/A 0 14095 131,95 6 MO 12 12.25 93.00 GCB US8VOC 170 AH N/A 8 158,95 142.95 Pt4rpte 12 1125 100.50 Ho[tvy Duty Commercial EMI 1A 700/150 875 8 04.95 57 NIA 24 2.71 41.50 2 2A 025/150 780 6 8105 74.95 N/A 24 3.50 51.00 3EE 3EE 370 /100 460 12 119.95 107.95 IIMEM 24 4.99 70.00 3Elhl 3EH 850/280 1060 6 132.05 119.95 N/A 24 6 54 78.00 KIMI SET 400/120 575 12 134.95 121.95 NIA 24 5.62 7000 4 4A 1000/240 1250 8 90,95 81.05 N/A 24 179 59,50 -- - anA_EIRR Fax 803866.5004 infernal: www.battarpuse.com Moll: Inkolandabatlor uaa.com SUGGESTED LIST PRICE WITH EXCHANGE -- - Ratings Nanc.uusreisl i idly 1.1001 Wnrrnhly Warranty an Group rR?3A Part Suggested List Suggested Months at Months 84 Confidential CCA/RC CA ( 32F Voltage She Pte. Pries Moll Price � i/M o . I` / M 1 10 ' Cnsl IA Iht Ho ivy Duty Commercial (CONT) 4D 40A 1080/300 1350 177,85 159 95 N/A Mini 115.60 4DLT 4DLT 900/200 1150 12 184.95 147,95 N/A Elia 10740 OD 8DAA 1400/435 1740 _ 12 224.95 201,95 N/A 24 9.37 148.50 8DA 1100/320 1375 12 190.95 171.95 N/A 24 7.98 124.50 17TF 17JTF 520/130 650 12 186.95 167.95 N/A 24 7.79 109.50 Heavy Duty Commercial Group 31 ACD3ITS 9501180 1125 12 125.95 11295 N/A 35 3 SO 7150 rartuxr�a� cc ACD1109C 735/170 925 12 99.95 MINI 24 4.56 65.50 r 31AP/AS 900/180 1250 12 120.95 107,95 N/A 24 5.04 75.50 31 319P/96 750/150 900 12 111.95 99.95 N/A 24 4.66 65.50 31DP/DS 650/139 790 12 9195 01.95 N/A - 24 3.79 5100 Marine Cranking & Deep Cycle /RV .ovine _. ACDM24C 800/120 1000 12 09.95 89.95 36 218 12 8,32 56 50 M24AA 850/135 1050 12 95.95 95.95 24 4.00 12 6.00 53.00 M24A 525/95 700 12 78.95 68.98 24 3.21 12 6.41 46.00 24M _ M249 400/70 585 12 58.95 5195 24 2A6 12 4.01 40.00 DC24 525/125 720 12 93.85 84.95 24 3.91 12 7.83 55.00 ° ACDM24DG $50N25 715 12 97.95 86.93 57.50 rtdwf " Q0LC0 ACDM27DC 845 /100 1025 12 120,95 107.95 36 3,36 12 10.07 27M DC27 750/185 940 12 125.95 112.93 24 5,35 12 10.50 73.50 Ltiw,i M. Cardon UIL & R GTO t 305 12 41.95 37.05 12 3.50 Er=1 26.00 AGM Electrolyte - Special Motive Power / Cycling / Standby Application!: U1 AGM1243 33 A,H. N/A 12 00.95 81.95 12 Mo Free Replacement 53.50 AGMI2.50 50 A.H. ME= 12 119.95 107.05 12 Mo Frau Replacement 70,00 24 AGM12.75 70 A.H. NIA MEN 158.95 142.95 12 Mo Free Replacement 03.00 Industrial Scrubber / Sweeper 6 & 12 Volt USL 5 379 AH N/A 5 249.95 224.95 12 20.02 192.50 _ USLIOHC 415 AH N/A 8 274.95 245,95 8 MO r ree EINall 211.50 DEEP USi65 195 All N/A 12 220.95 198.95 Replecetlnonl 12 18.41 170.50 CYCLE USI8SHC 215 AH N/A 12 242.95 218.95 0 MO 12 20.25 187.60 U9305 308 AM N/A 6 219.95 197.95 Proretb EMEI 158 1i63051-10 335 AH N/A 6 240.95 MEM 12 20.08 185.50 AC DELCO Pro(c, ,nnraa! & GO SERIES - MO`I'ORCRAFT Brancicri (3.rtteric:: AUTO - COMMERCIAL - MARINE - ORIGINAI. EQUIPMENT DIRECT REPLACEMENT OPTIMA Spiral Technology - FrierSys ODYSSEY Pura; Lead Flat Plate SPILL PROOF SEALED MAINTENANCE FREE FOR AUTO - COMMERCIAL - MARINE - AUXILARY POWER Valve Regulated SEALED ACM by Cx:D Dynasty - Power Battery Corp - Northstar Satiety Co VRLA SEALED RECHARGABLE POWER FOR MOBILITY - UPS • TELCOM - HIGH RATE AND LONG DURATION APPLICATIONS - -- - -_ _ -- ann- WMATTFRY Fox 983.666 -5004 LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No 4 2 Contract No . 08 -0807 Effective Date. January 1, 2012 Effective Date December 3, 2007 3. Contracting Officer: Roseann Johnson 5. Contractor Name and Address. Telephone Number. (352) 343 -9765 Battery USA, Inc - 1840 S Combee Road 4. Issued By: Lakeland, FL 33801 Procurement Services Lake County Admaustration Building Attn: James Lawless ' 315 W. Maui St , Suite 416 Tavares, Florida 32778 -7800 6. SPECIAL INSTRUCTIONS. Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7 DESCRIPTION OF MODIFICATION - To extend contract for a period of three (3) months expiring March 31, 2012 8. Contractor SSi: ature • UIRED 9 Lake County, Florida Nam- .''�(LL _ " By' Title. Senior Contracting Officer Date AV /3/ / Date 10 Distribution Original - Bid No 08 -0807 Copies - Contractor Contracting Officer P 0 BOX 7800.315 W MAIN ST , TAVARES, FL 32778 • P 352 343 9839 • F 352 343 -9473 Board of County Commissioners • ivivw lakecountyfl gov JENNIFER HILL SEAN M PARKS, McP, QEP JIMMY CONNER LESLIE CAMPIONE WELTON G CADWELL District 1 District 2 Dist, ict 3 District 4 District 5 , f SECTION 1— GENERAL TERMS AND CONDITIONS ITB Number'. 08 -0804 1,1 DSi'IINJT1ONS entity, may not subunit a bid on rt centred with n public entity for iho Conete tction or repair of a public building or public work, may Addande: A written change to a salieitatf, trot submit bids on leases of real property to a Public entity, ulay Rid, shell refer m any of00) submitted In tespnnse 10 OA not be awntded or perform as a cootratter, sups her, tubeanttaelor, 'Invitation to bid or consultant under n contrael with any public ediq and ;nay not Bidden Shall refer to anyone eubmitting a bid in response to an trmwct business with nay public entity le excess of the threshold lnvItatlan to Did. ramie provided in Sutton 287,017 of the Amide Statdes, for Contract! The aQrcemant td ptrfonu the services SC1 fOrtt in this plated n lot petted tad of 36 menthe hot the data of tolicitattion. The contract will be computed of the solicitation C 'I C. ire for Additional vend toehnte diet, document signed by both incorporated, paniee with any addenda and osber Any eammuniearion or inquires', except fm elaAAcrltion of stoats Coorreele r: The h4 vendor t to o which d hlolr award ilea been nets. or prpeedhrrt cheesy contained in the seiinetailttn, or to be tease in County: Shall refer ID Lake County, Florida writing to the attention of the procurement representative identified to the solicitation no later then five (5) working days pr to the including n Bid ((TB)! Shall TileM this rlclicin dtreumned bid n date. Sthnh liquifies then Connie n the rag s terms. any and all bddondn An lift a i o he Int namn ndd anni opening and telephone number. If trnnsmdted by 1' csi paints, re pn and eipen nations, and is awarded to the Invest the request should also innludo a cove sheet with tor+ bidder's priced respnt.sive end responsible bidder, aondit{a tbeaino7d number, Modification; A written chengn toe eontreet. (boi Cl e n of Procurement Sarvitos may issue an addendum In R viati n v f Reins 10 a bid tons conches n 1 tiott s elf e et reeponse to any inquiry received, prior to bid opening, which I n � ion the conditions. eons spe4ifinataunt net Pnh etteit adds to, or a bet the lefts. provisrens. er rcquuontonte In the In ibl t: Refer' Bid, of the solicitation. no bidder should net tely on any Kapoos to ms ra a bidder that het the eepa under t o and rtpritenta1len, statement or expianntion whether written or umbel, a n d nb o fy toperfbr the work required ainrlrr rat tnvttatwrt to OW, other lhruh those trade in this solicitation document or In any and p nhlvci ls Refer' m for idle riddettds Weed. Whim More appears to Ito n conflict between thin R deviation R teeter W a bidder that and token no axcap r t ar solicitation end any addenda, Aha tact ntldendum i4strcd Phil: deviation itnm the farms, eenditinn�, and apeoiflaatlaTtstet forth in wail. it is t bidder's responsibility to enema �ipt of all tin Invitation to Bid ntddenda, end any accornpnnyiag documentation, the bidder is proposals The w talpl document requesting either bids or moulted to submit with its bid a eigned "Aclawwledgmeet of Vendor; from the ntorkagntae4 Addenda" feint, when tiny addenda hove been :shred, Failure 10 Vendor: A poner refinance and t any silly renpandbtg to Chip Addenda" each widandltm may prevent tho bid from being AnNoimsien or manning under any resuldnti ctuttroc► considered flir nword The County has notebtiehed for putposes of this Invitation to Bid b. Contents of Solicitation and bidders' ittttpousibIlltlrs (*T8) diet the wards "shall'', ''mud". or :'will" fro equivalent in It is the responsibility of the bidder to become thorough)y Wilier this IT1I and indicate a mandatary requirement or condition, the with the requirements, flans, and eondrtiroits of this sc�licltetion material deviation from which thrill not be waived by the County, Plow of Ignorance of these mallets by the bidder wilt not be �Poepted as a hosts for vowing the requireratantt of the County at A deviation is material It in the County's solo discretion, the deficient response Is net in substantial accord with tide I'lll the amount to be paid to the vendor P mandatary requirements The wards "ahoutd" or "may" are E. Restricted Dlseuutens equivalent in this ITB end Indicate very desirable conditions, ar From the dent of Issuenao of this tolichation unlit final County requireae to but ere permissive in nntui . action, vendors stwuld not discuss the solielut1ett er an pet thereof with any employee, agent, or any Other representauve Of 1.2 1NSTfiUCi7ONSTOBIDDERS tin County except ee expressly euthoiizcd by the designated A. Bidder Qunlifeotlen procurement r reset tedve. The only communicnthont that shall ire it id the policy of the County to encourage !WI and open considered pertinent to this eallght0ton are appropriately signed competition amens till aveilnble qualified vendor:. All venders written documents tram the vender to the designated procurement rbgulerly engaged in the type of work bpecifed in the eolielletion representative and any relevant written document pin muigsted by era encouraged to submit bids, Vendors may enroll with the the designated procurement reptesmeative, County to be Included on a mantes list for aeloetod categories of F. Cbonge or Withdrawal of Bide goods and services. To be tocornmended for award the County Menges to Rid • Print to bid opening. a bidder me/ clamp its bld requires drat vendors provide evidence of compliance with Me by sttlnhltting it new bid no specified in duo solicitatien with a tenor tuitemoo s below upon request on the flrm's letterhead, signal by an authorized agent Meting that 1. laini :nre orEmployment. the now aybmmittnl replaces the original submiunl. The new 2, Disclosure ofOwrtership submittal shall contain the letter and all {Annabel LS required for 3, bets -Free Workplace subnutting The original bid, No clump; to a bid will be accepted 4. W •9 and 8109 Forms —'the vendor must ibmish these fonts after the bid opening dnto, upon request as required by the Internet Revenue Service, Withdrawal of But • A bid may be withdrawn. either physically at 5, Social security Number —The vender trust provide a dopy of lfy written nedee, of any time prior to the bid opening dote, if the primary owner's toad security mud if the social security wfhdrewn by written notice, that notloo mu t bo nddrrsed to. and number is being mid in lieu of the Fedcrnl Identification received by, the designated procurement representative prier to the :lumbar (F bid opening date and tined. A bid may alts be Withdrawn altar 6. Americans with blsnbf dice Act (A.i),A ), expiration of Utd specified bid neeepuutee period, and prior to 7. Conflict of Interest award. by submitting a letter to the designeled precuremertt B. Debarment Disclosure Affidavit repreeentntive. The withdrawal letter Mull Ire on eoaatpnny 9. Nandasorimi letterhead turd signed by on authorized agent aftte bidder 10, Family Leavo, C. Conflicts within the Solleilntlon 11 Arttitnrst Laws By neamptenee of any contrite*, the vendor Where there oppenrs to be a conflict between the Ocnerel Tenths end Condithuu, Specie! Conditions, the Technical Specifications, agree: to comply with all dpplicrtble antiuu9T dive � p, Public Entity Crimea t Pricing Seertien, or any addendum Issued. this order of Pursuant to Section 287.133(2)(e) of the Florida Strittitee, a on pretedettee shall bet the lest addendum blued, the Bid Pride or affiliate who hot been placed on tine convicted vendor lief Section, the Technlcnl Specifications, the Specie! Conditions, and foe w � c ot to to s public eB ity or sehvlYi * a bI itlft then the General Terms lied Conditions. It is Incumbent upon the p any g ads p vendor to identil)' beet) conftiets t0 the designated procurement 2 SECTION '1- GENERAL TERMS AND CONDITIONS 1'113 Number. 084804 representative prior to the bid or prppasal ICS pon Bi Pii1 etcd in the saticilntion, sa tats. 11. Prompt Payment'1'ermr ir. 'Ifio bidder's perfornmtice as n primp contractor or token It is the policy of the County diet payment for all purchases by subcontractor on previous County contracts shall a b t t hat! County ogenaies shell be made in a away momicr toil that Interest into account In evnluetin the fesponh billty payments will bo nods on late payments in riccotdrrneo with Part submitted a bid under this solicitation, VII, Chapter 318, Florida Statutcir, known Ai tho Plotkin Prompt h , The Pheetor of Procurement Services will decide WI do bids Payment Act- Tho bidder may offer cash discounts for prompt with initial prefcrentie bain* given to the entity employing paymettlat however, such discounts will not ba considered In the most perrormol residing within the CatmIy, deiermining the lowest pike drmng bid evaluation Bidders tea hetluostod to provide prompt payment terms to him erica provided 1.6 CONTRACT 11CFENSION mitre signattro pogo of Mb solicitation, 'fits County has the tmilatoral option to extend a contr$et for up to trine (00) cclendrt days beyond the cwtent_ contract period. 1n 13 PREPARATION 01? BiDS ouch event, the County will hotly ale wander(.) in writing of each A. The Bid Pricing_ Section of this 1oliciinhion defines the goods extenslons, The eantrnet may bp extended beyond tho initial or service■ in be purchased, and must ho catnpietod and meaty (90) day Tension upon mtttuAI ngrcentont between the the form may result bid in the rejection of the bid Or alteredon of the .pproval of tho r of Pros rurement Service.* rv eequiras If, Tha bid submitted mist bo Iegtble. and completed Wing typewriter. comprtar or ink Any entry change must bo 1.7 WARRANTY craned not and initialed in ink, Failure to comply with therm All uytrrpnties express and implied, shall to mado nvellabta to the requirements may ouzo the bid to be rejected County for goods and Jervicts covered by this solieitstion MI C. M nuthatizod own' of the bidder's Min must sign dm bid ;bode idefect' ibmishod shall lnMY guaranteed ee expense the e vendor o dorCi Against f pm N0tvR SPONSWL the vendor shall cotrco any and MI appetent mid Intent detects thnt D. Tito re o bidder may bo considered non poneivo it bide era may occur within the hnrinufnaur': standard worrwtty pe conditioned to rodlflcationt. ehimgoo, or revisions to the Tho special conditions of inn sollcitntidn may imparted: the terms and condition' of thin ;olicitatioiL nlnnulhatutot'o Itarhderd warranty, EL Tho bidder may subiull aharrmto bid(') for ilia some solicitation provided that such offer is allowable under tiro LS ESTIMATED QUANTITIES terms and conditions, The allomnlo bid mutt meet or mood Estimated quantities or dollars era far bidder's guidance only. No tiro minimum requircinents end be eobmttod as a sopnrato bid guarantee is expressed or implied as to qurunilica or dollar valuo marked "Alternate Did ". tint will be used during the contract period. Tho Comb' is not F, When there is a discrepantly batwc n the unit prices and any obligated to place any order far a given amount subsequent 10 oho cxtanded prices, uha unit price, will Arend, award of this aollaitatiam. Tho County may uw tart' related R. Any bid received niter (lm strpulrned hid apenmx dote and estimated quantities in the award evaluation process. C t1a►med limo through no fault of ,tae County will be considered late, qutuuiucs do not contemplate or inolttda possible additional and except under the moil oxcapti0rml circumstances, not bo gnnntitiea that may bit ordered by olbor government, quotti- aur>sldared far limed govommamnl Or nonprofit entities utilizing this aonlrdal In no event 'halt bo Coumy be liable for payments 10 excess of the l i d CANCEIaIaAATiON OF SOLICITATION amount dim tor quaritlttat of goods or services manually ordered The County microns tho right to cmwcl, in wholo or in putt, airy 1.q PIQN•ISICCLUSf,V1TY invitation to Bid when it is to t1m belt interest of the County It is t Intent of the County to enter into an Agreement that will 1,6 AWARD WO/ its nos m described within shirr aolicitntlda however, the A. Award may be made to the lowest priced responsive and Cohmty reserve,' Ilia rip,h1 as deemed in its bast Interest toliorform, responsible bidder. `(ito County reserve' the right 10 tojeel Or came to be perfbrmad, o work and services, or any portion any and all bids, to waive non•mmtetI1 irregularitics or lhereol: herein described in any manner 11 ooeiso lie. In no case Will sot ci os deemed re.advertise for nil in i b et Interest. Tho port owrty ;hall ttr services actually provided tinder this contract, quantity of good" be the 1o1c Judge of its best imerC't, D. when there are multiple line item■ in a solicitation, the 1.10 CONTINUATION OP WORK Comity reserves (Ita right to award on an lndividool ilam Arty work thei coatmenatt, prior to and wt I extend beyond oho hrisis, any combination of Ilan►t, total low bid or in expiration data of the cancnt onto:let period shall. thnlesd whiehovor manner deemed in tho boat inutra;t of oho County, torminaled by mutual written agraomont bctwoon the County and ilk provision opooiiicnlly supersedes Any method of award the vendor, continuo until completion without Change to die then tritetla stated m tin solicitation when such nctibrt to clearly ehurent edema, tent: end eanditians, nocassary to protest the beat intareats of to County, C, Tim County morns tho right to reject any and all bids if it if 1.11 PROTEST OP AWARD determlited that prices Bra excessive or dotctmined to bo A vendor wishing to protest any award decision tesulllnqq from title unreasonable. or It tat otharwlio determined to bo in oho irolieitadon Anil do os sat fbrih w tho Cot nty'a Purehpsirta County'; bust Intaroab to do so, Procedure Manual. 11 is incumbent upon the vendor 10 bo aware of D. Tip County resorvos the right to negotlnlo pikes with the low the prating of any iusocintcd award recamnhtmdttion, Any protest bidder, provided than oho (cope of work i' not amended. rocrived after rho nitwit contor t awned data may be rejected, IL Award of this solicitation will only be mado to firms thin retest' all neac"ary Ic(tel etquiraments to do business with 1.12 RULES, REGUI ATIONSS LICENSES Mc County, The County may Conduct a pre-sword inspection The vendor shall cotnply with all lbdernl, slate, std local laws and of dot bidder's silo or hold b pro nwerri qualification looting rogulntiont applittiblo to provision of trio goods and/or services to determine the rosponsibllity and sagacity of the bidder to specified in this salieltatkkn, porfbim t require nenttl of this solielb skin, Award of the contract resulting Finn thin solicitation cony be predknted on 1.13 SUBCONTRACTING compliance with arid tubmittol of all required docurnants as Unless otherwise specified hi this tolieltatlon. the vendor shall nut 3 SECTION 1— GENERAL TERMS AND CONDITIONS Il'A Number: O8-48Q4 subcontract any portion Of tho work without the prior written with fill applicable County procedures, consent of tho ('bounty, The ability to sttbcontraet racy be Bmdrer limited by tho Specol Conditions. Subcontracting without rho 1.20 TERMINATION FOR CONVFNIRNCE result in termination of the The County, at its solo discretion, reserves the right to tome prior c d feulL of time County tags 11111 contract upon thirty (30) doss written notice, Upon receipt of contract lb Din r de such notice, the vendor shall not incur tray additlomd costs wrdtr L14 ASSif;:NMENT this contract. The County shill be 'Labia only for reasonable cords The vendor shall not assign or trfin9fbt any abnlraet resulting from Incurred by rift vendor prior to not(co of tennian►ion Tho County this ealicitailon, including any rights, title or interott therein, or (t; shall be the solo judge of "reasonable sett,," power to execute such contract to any portrait, company or 1.21 TERMINATION DUI'. TO UNAVAILABILITY ON corporation without the prior wHlten content artier County, 1.21 iN SUCCEEDING FISCAL YEARS 1.15 DELIVERY When fluids are not appropriated or otherwise made avMilablo to U 1. 0.1 1, a nib I freeight dip a ll ire included in t o bid t 11 price, the canting l d and the vendor shall be re bwbed bo 1)l Am tho reasonable value of ens nnn•redURing Mstl incurred 1.16 RE.SPONSIbWTTIES AS EMPLOYER emori1.od in the ptioe or tho supplies or sarvieasitarks delivered Tlie employee(s) of the veiulor shall bo ©amid ivd to be m ell muter dm contract. times Its employec(s), find not an employte(s) or Agent(') of the County or any or its departments. The eontrectot shall provide 1.22 TERMINATION FOR 'DEFAULT employe (o(o) capable of performing the work as raqu(red The `rho County ref el the 410 to tarrrtlrleto this control. ill pats or County - may roqutto the contractor to remove any employ= 11 In whole, or pimma the vender On probation in tho event the vendor dealt unacceptable. MI employees of tiro cantmctot rney bo hereiv Tho County taw townies th e I ght to sus' d or debar required w ad to wear er appappiopr;ete identification. herein. vendor in accordance with the appropriate County ordinaltee1, 1.17 IX4DEMNIFICATION resolutions and/or ndn n stratrva ordara. The vendor will be The vendor shell Indemnify and hold hormloss tho County and its notified by letter of tho County's Intent to terminate. In the event officers, employyeea, agents rind instrumentalities from nny and all of ternthmtlon D r delimit, the County may procure tho required liability, Imo or dtunngft. Including ottorney's fate and cost: of goods and/or servo es (Fair nny sotto and use any method deemed defense, which the County at its n[Acers, employees, agents Of In it' bast Interest. All re•praetnommd cost obeli he borno by rho Initrurnmttnlitiea may incur es it result of claims, doniands, alibi, vendor. souse, of Nikons or procoedings of any kind or nature arising out of, relating to or remitting Dorn the pnrforntencc of tha agreement 1,23 Itrd(v D en l1) M1S t R E S ' T a( O NtmnpN to meet Its pr by (nei ri vend trls or aubcm or its employees, Tito v agents, award. endor shall pay all claims p ►am• Any 0111ifitunl Obligations with the County through rand, prp atrnetors T claims a losses in conntrction therewith, and shall Investigate and defend ail morepresentadot► or material ntltttatement, may bo debarred AO' clein% suits or actions of any kind or nature in the nemo of the up to fivo (5) years Tho County as o Rather sanction may Cotmty, when oppllceble, Including appellate proceedings. and terminate � or4 any o vendor hold wlth p all shall pay ail costs, judgments, and attorney's Des which may be e*rpot Incurred ihort+on The vendor expressly understands and agrees direct at indtrcat testa associated with termination ter cnneollation, that any Insurance protection required by this Agroeinont or including attorney's fires nihenviso provided by tho vendor shall In no way lintlt the responsibility to indsmntfy, keep and sevo harmless and dofad the 1.24 ACCESS TO RECORDS County or its officers, mnployceo, tents sod instromenadities as The Gently reserves the right Its require this vendor to submit to an heroin provided audit by any auditor of the County's choosing, The Contmetor shall provide accost 10 all of h e reeaorda, which Pelota directly or 1.18 COLLUSION indirectly to Chia Agreement al its pinto of busittwlt during regular Where two (2) of nior'o reined panics, as defined herein, oaoh buslnos tours, Tho vendor thaU retain all Moulds pertaining to submit n bid (br tho smite Contract, such bids shall be presumed to this Agreement and upon Monett make them available to the be eollu*ive 11m fbtcgoing petumptton nny bo rebutted by the Cent* for farce (3) years following expiration of the Agtearncnt, presentation of evidanee art to the extent of ownership, control and Tho vendor agrees to provide well auiatotteo no ntey be necessary managomant of such rotated parties in preparation and submittal of hat to boo eW or Recounting audit and r tboCl y to IMtee Compliance welt bids, Related panic; !hall Mean bidder or tho Oilcloth will PP thereof which have a (RICO Of indirect ownership interest In another bidder for the same contract or In which a parent company 1.25 PROPRIETARY/CONFIDENTIAL INNI(ORMATION or the principals thereof of ono bidder have a direct or Indirect Bidders tiro hereby notified that ell Infordon submitted as pan ownership easiest in another bidder fbr rho saute contract. of, or in tupporl Of bid subnuttals will be avaitnhlo for public Furtbormato, nny prior understanding. agreement, or commotion inspection niter opening of bids in compliance with Chapter 119 Of between two (2) or more corporatinnl, firms, or persons cubleilliql the Florida Statute; the "Public Record Lew" The bidder should a bid for tho same material', supplies, servied,'or equipment 'hall not submit any infbrrnation in reapon,o to this solicitation which also be presumed to be eollueivo, Bids (bund to bo collusive shall the bidder considers proprietary or confidential, The submission of be rejected. Bidders width Iravo been found to hove an iced In tray information to the County in ebmmection with this solicitation collusion may bo considered nr}n- tesponsrbla• and nny be shaft be deemed t:onolueiveiy to bo a McIver deny protection !Pant ;urrpendcd or dobancd, and any contract resulting from collusive rellnisa o th n o m,dr f ip tlon unless such intarmation is bidding may bo tenninated far dcibult 1.19 MoD11tICATnnN OF CONTRACT 1.26 CONTIhACTiNG WITH (OUN'mY KMPLOYI6ES My contrast resulting from this solicitation may be modified by Any County employee or member of hit or her immodiato fltmlly mutual consent of duly authorized perlim in writing through rho socking to eontrtet with iba County shall leek n conflict of interest issuance of a modification to the contract and/or purchase order w opinion from the procurement roprosentalive datigiu►ted herein npproprlata, Thla presumes the mbdiflention itself is in Compliance prior to submittal of a reoponso or application of any typo to 4 SECTION 1— GTN1RAL TERMS AND CONDITIONS ,1T Nordert 084804 eontraet with the Coiunty. The elfish B ile employee omit and interest or the O r responsibility The the shall r be e the of ole O it A employee`s is o ghed nrni tt y d ented with regard to ell stipulations, inal►id�g payment of all the motet t his or Ins l d con a family in the proposed contract and te rind meeting ell requitement. of able ITR All the estate bf 1!m intended egntrbpf ttttbnontreelorx will be subject to nrlvetua review by the County in 127 INCURRED EXPENSES S rag}mds to competency and security teneetni< Aver the award of Thee 1TB dike not commit the County to nuke en sward ner shell the contr te% no change in subcontractors b ou shall l� will bo nm d Rhea ll the County he resppaarisihle ibr any cost et expense which easy be ,. content of the County, u vendor , and meted antes• for b1 s and Oar Incurred by any bidder m prep ng end suhrollting a bid. or any Mullane, permits, cost or expe.nse inputted by any bidder prior to the execution of a sub.cottlrnctore. Evart if the subcontractor is self-insured, the gurgling° order or contract agreement, by submitting a bid, the County may tequfr9 tho eontractbr to provide any In sec bidder also agrees diet the County bears no responsibility for eny certifientai required by the work to be performbd costa of the bidder ejoclated with any edniiniurntivO or Judicial proeeedfnglu resulting from thin'ollwtatiOn process. The FORCE ll x ar martin every leeeonabte effort to meet their 1.28 COUNTY iS TAX•EXEMPT respective obligetlent hereunder. but shall not be liable stir delays The County ix generally exempt from Federal 'Excise `luxes and all resulting 110m force meleure or other eansea beyond their $tote or Florida soles end use taxes, Igo nbt iItalndo any tax on arty reasonable control, including, but riot limited to complienaa with item et service The County will sign an exemption certificate If Any Goverment hew et regulation, zed Of anne , act$ or submitted by the uorantelor, Omissions of the other party, Cinvemmerrl acts or omidflorii, fires, Contractors doing Weiner' with the County era not exempt nom strikes, national disasters. were, riots, transportation problems paying sales tax to their suppliers for Millennia to non corttrfatuel and/or boy other caw whbt'oever beyond the reattanabit control o l u� pny with r County, nor e x a Exe pt mein securing knelt delayed d oblfgetion t the ardent of the ecoy ea interred, once of the materials. In the event rho project it dceinred a.ahle nor recovery project by 1.33 OTi EIt AGENCIES the County, the following protedure shall apply. With the consent of the vandal, other egerieies may make (e) The County representative shall maka s recommendation to p cs in accordance with the cbrttrnat Such purchases shell be the Division of Procrrrcment Scrv(ees regrading the materials go exaep the e e terms m in n d c time, a prated herein with to be purchased, the (b) When those nmteriels are purehhied by the County. all purelaeo orders shell be Issued directly from procurement 1 .34 NO GALA FOR DAMAGES Services No Claim for ds!eagke or eny plaint other then for an extension of (c) The County /hell toga title to thaw materials directly from line shell be thede or eiterted egelnit the County because of any the !nan►ufiteluter /supplier and .hell bear the rick of !oak el delays No Interruption, Into fbraltee, inomcienoy. iuspenaion, or dnnurga to the materials which sue delivered directly from the delay in the cotntnencernont or 'regress of the Work Anil relieve menultletured supplier; the vendor of duty to perfbnt, Of gave rise to any right to dowries (d) The County 'hell be invoiced directly for the material' nom or addlltonnl gompenpation from the County. The vendor's 'ale the Manufhptaar/iupplier end shall pay thb Invoices directly remedy shall be iho right to seek tart extension to the abutted time, to the reanuflrewrerr`attppliar, presetting fu soles tax However, this provaion shell not preclude recovery of dameees by exemption certificate of the trine of payment the vendor fur hindrances or deteye duo solely to thud, bed refill. The soft of any materiels purchased throdglh the sales lax recovery or active intorferenaa tin the part of the County. program ibull be deducted from the canuget entoutt and the vendor, shell no longer be tesponaiblo for providing those 1 .36 TRL ITO IN NEGOTIATION CERTIFICATE Materials. /1 written ohnnge order shall be Occult 4. For ail hirers Ott or boat -plus fixed Ike egreemanut bxceeding 1.29 GOVERNING LAWS S1SO,O00, the flan awarded the meanest must exegete a truth In negotiation certificate patmg the► the wage rata And other factual The Interpretetlo% effect, end validity of any ebntreet(s) resulting unit cop' pre accurate, cemplete end Currant, at the time of from lhb ITI) shall be governed by the law# end regulations of the ecntreetin9. Any gpeement requiring this certificate ghat! contain State of Florida, and Lake County. Florida. Venue of any court A proviifon that the origmel agreement price and arty additions action shall be in Lake County, Florida, In the oven± that it suit fa shall be adjusted to exclude any significant .unts by which he brought for the enforcement of any team of the contract, or any owner determines the agreement price was (tweezed due to right griping there from, the perdu' exprosily waive their respective inaccurate, Incomplete, or non•eurrent wage rated end other fllctOnl rights to have sueh notion tried by Jury drint end hereby consent to Witt WOO All each agreement edJ►r.!>fierits shall be made within the use of non jury trial for loo odludmmrbtr of such buil. orta (I) y en/ following um end Of t aontreet, ibteeutlan of dill 1,30 STATE REGISTRATION REQUiREMENTS Agreement CONtilulas execurtien of the `truth in Negotiation Carta:/ ft Any corporation submitting e bid In response to this nu shall either be regliraredar have applied ibr registration with the Florida 1,36 GRANT FiJNDING Department of Slate in .ecordenve with the prevtitens of Chapter in the avant any pert of the contract is to be funded by federal, 607, Florida slatulea A copy of the registration/ application nay 'rata, or other Weal agency wedge, the vendor hereby agree., to he required prior lo award of n contract Any partnerairip comply with it requirement. of the linrding toasty applivablo *0 suhtnildng n bad in te.,ponae to this 1T13 shall Irnvo tamplled with the use of tie minion, Including Atli npplirallon of requirement' the applicable provisions of Chapter 620, Florian statutes. For Waiving the uio of minority fines, womedi business enterprises, additional information on these rcqufremet ts, please contest the and lebbr surplus area flora, Vcndots nro advised thin pnyments Florida Secretary of 81ete's Office, Division of Corporations, urger the contract may withheld pendlitg eomplatltrn and 800, 13 Sl It (�g'(4�+lviw•de�,7,ftatc ll.� iubmutlon of all required forms and document required of tho vendor prtrsoant to the grant landing requirements, A copy of the 171 PRIMA awarded tRAGTOtt requirements ithall be supplied to the vendor by the County upon The for ell vendor required / items bed services act and t shrill tm wsunoo MI request S SECTION 2 — SPECIAL TERMS AND CONDITIONS ETB Nun bcr. 08.0804 Section 2.1: Purpose The purpose of this solicitation is to establish a contract for the purchase of batteries, automotive and general use in conjunction with the County's needs. Section 2.2: Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed in writing [fax and c-mail accepted] to the below named individual who shall be the official point of contact for this solicitation. Questions should be submitted no later than five (5) working days before the bid opening date. Uoseann Johnson, CPMVM, CPPB, Senior Contracting Officer Lake County BCC Office of Procurement Services 315 W. Main Street, loom 416 PO BOx 7800 Tavares, ltd. 32778 -7800 Phone : 352.343.9839 Fax : 352.343.9473 E-mail: rjohnson ®lakecountyfl.gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Depattnient of Procurement Services. Section 2.3: Method of Award in the County's Best Interests As the best interests of the County may require, the County reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof; with one or more suppliers; to reject any and all offers or waive any minor irregularity or technicality in bids received. Section 2.4: Site Visits (Recommended) Bidders shall thoroughly, acquaint itself with the delivery sites noted in this solicitation to telly understand the facilities, difficulties if any and any restrictions for the execution of an awarded contract. No allowances shall be allowed for failure to be so informed. Site visits may be made with the contact person noted for each facility in Section 3, Specifications. Section 2.5: Term of Contract — Twelve (1,2) Months This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Department of Procurement Services; and 6 SECTION 2 -- SPECIAL TERMS AND CONDITIONS i n Number; 08.0804 contingent upon the completion and submittal of all required pre -award documents. aill] remain e initial contract term shall remain in effect for twelve (12) months, and then the 4 effect until completion of the expressed and /or implied warranty period. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. Section 2.6.: Option to Renew for four (4) Additional Years (With Manufacturers Pried Adjustment) Prior to or upon completion, of thc initial term of the contract, the County shall have the option to renew this contract for an additional four (4) one (1) year period(s). Prior to completion of each exercised contract term, the rea5 u evid need by consider t manufacturor documentation based submitted applicable Manufacturers Price submitted to the County by the vendor in a timely manner. It is the vendor's responsibility to request any pricing adjustment In writing under this provision. For any adjustment to commence an the first day of any exercised option period, the vendor's written request for adjustment shall be submitted prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate thc requested increase. If no written adjustment request is received from the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the cornnioncement of a new option period shall not be considered. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a Fight of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. Section 2.61: Price Redetermination - Fuel If the retail price of fuel increases by ten percent (1V°A) or more from the price of gasoline as www i n published by the (ail Price Information $ervitie (OYIS) ��p�21?� -4,c1 for unleaded gasoline, Florida PAD 1, Orlando, on the beginning date of the contract, the contractor may petition the Procurement Services Director (Director) for an increase in the contract price(s). Any increase in the contract prices) will be the pro-rata cot of fuel to the contractor's total cost of the product or service. [Example: if the cost afoot increases by twelve percent (12 %) and the fuel cost accounts for ten percent (l0%) of the cost of the product or service, then the contract price may be increased by one- point -two percent (1.2 %)]. The contractor shall provide a complete written cost analysis for each contract price to be adjusted. This analysis shall include all costs including administrative, overhead, material(s), labor [labor units per price and actual documented labor cost per hour], file!, insurance, profit, and any other cost associated with providing each product or service. failure to provide the detailed cost analysis with each request for a price redetermination due to fuel price escalation 7 SECTION 2 — SPECIAL TERMS AND CONDITIONS 1113 Number_ 08.0804 shall preclude any such price redetermination. The contractor shall be solely responsible for providing documentation on the OPIS prices. If the Director grants an increase in the contract price based upon increases in fuel prices, then the Director may also automatically adjust the contract price downward if the cost of Mel decreases by ten percent (10 %) or more from the date of the last increase in the contract price. This clause may be used in addition to any other price redetermination clause in this invitation, Section 2.6,2: Price Redetermination - Diesel If the retail price of diesel ilrel increases by ten percent (I0 %) or more from the price on the beginning date of the contract, the contractor may petition the Procurement Services Director (Director) in writing for an increase in the contract price(s). Any increase in the contract price(s) Will be the pro -rata cost of Nei to the contractor's total cost of the product or service. Any price re- determination will be solely based upon any te change between the base index and the current month index as documented by the Producer Price Index (PPI) for #2 Diesel Fuel: Series WPU057303 as published by the U.S. Department of Labor, Bureau of Labor Statistics. thll t avIpPLI The base index will be the index number for month prior to the BID/RFP closing date or the month prior to the beginning of the contract tern), The current month index will be the last month's index published before the request for a price re- determination is made. The contractor shall provide a complete written cost analysis for each contract price to be adjusted. This analysis shall include all costs including administrative, overhead, material(8), labor [labor units per price and actual documented labor cost per hour], fuel, insurance, profit, and any other cost associated with providing each product or service, Failure to provide the detailed cost analysis with each request for a price redetermination due to fuel price escalation shall preclude any such price redetermination, Example: Base index number = 83.5 Current index number = 96.4 Fuel = 12% of contract unit price Price Increase = [(96.4 — 83.5)/83.5] X 12% = [12.9/83.5] X 12% 1545 X .12 0,01854 1.854% increase in contract unit price if the Director grants any increase in the contract price based upon increases in diesel prices, then the Director may also automatically adjust the contract price downward if the retail cost of diesel decreases by ten percent (l0 %) or more from the date of the last increase in the contract price. 8 SECTION 2 — SPECIAL TERMS AND CONDITIONS ITB Number: 08-q$e4 This clause may he used in addition to any other price redetermination clause in this Inv itat ion /contract, Section 2.1: Method of Payment r Weekly Invoices The vendor(s) shall submit a weekly invoice when replenishing stock or delivering orders to each location. The invoices shall to submitted to the County user department(s) that Q rc Q Y t batteries. The user departments may issue a blanket purchase order utilize program (Visa). The invoices shell reflect batteries provided to the County. All invoices shall contain the contract and /or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate County representative, Failure to submit invoices In the proscribed manner will delay payment, and the vendor may be considered in default of contract and its contract be terminated. r . Payments shall be tendered in accordance with the Florida Prompt Payment t Chapter 218, Florida Statutes. Section 2,$; Insurance Each vendor shall include in its solicitation res`pc nsc package proof of insurance capabilities, including but not limited to, the following requirements: phis does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be purchased and in place prior to a purchase order or contract being executed by the County.) A certificate of insurance indicating that the awarded vendor has coverage in accordance with the requirements of this section shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and before any work begins. The vendor shall provide and maintain at all times during the terra of any contract, without cost or expense to the County, policies of insurance insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to propel' relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. Such policies of Insurance shall insure the vendor in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Commercial General Liability policy (CG 00 01 or CO 00 02) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence /General Aggregate $500,000 Products- Completed Operations $500,000 Personal & Adv. Injury $500,000 Fire Damage S50,000 Medical Expense $ 5,000 9 SECTION 2 — SPECIAL TERMS AND CONDITIONS tTB Number. O8-08Q4 Contractual Liability $300,000 Automobile liability insurance, including owned, non- owned, and lured autos with the following minimum limits and coverage: Combined Single Limit $300,000 or Bodily Injury (per person) $100,000 (per accident) Property Damage $100,000 Workers' compensation insurance based on proper reporting of classification codes and payroll Florida Statues amounts in accordance with Chapter 440, + and/or any other applicable law requiring workers' compensation (Federal, maritime, etc). Jr not required by law to maintain workers compensation insurance, the vendor must provide a notarized statement that if he or she is injured; he or she will not hold the County responsible for any payment or compensation. Lake County, a Political Subdivision ional e a 'Board Commissioners, shall be named their interest may appear on the general liability policy. Certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the County of any change or cancellation of the required insurance. Certificate(s) of insurance shall identify the contract number in the Description of Operations section of the Certificate. Certificate holder shall be: LAKE COUNTY, A POLITICAL SUBDIVISION OF TIE STATE OF FLORIDA, AND T1{E I3OARD OF COUNTY COMMISSIONERS. I.O. BOX 7800 TAVARES, FL 32778 -7800 The vendor shall be responsible for subcontractors and their insurance. All deductibles or self-insured retention shall appear on the ccrtificatc(s) and shall be subject to approval by the County. At the option of the County, the insurer shall reduce or eliminate such deductible or self- insured retention; or the vendor shall be required to procure a bond guaranteeing payment of losses and related claims expenses. All insurance companies must be authorized to transact business in the State of Florida. The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the vendor and/or subcontractor providing such insurance. 10 ' SECTION 2 — SPECIAL TERMS AND CONDITIONS MI Number: 08-0$04 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. Neither approval by the County of any insurance supplied by the vendor, nor a failure to disapprove that insurance, shall relieve the vendor of full responsibility of liability,damageS, and accidents as set forth herein. Section 2.9: Offer Guaranty/ Bid Bond for n Specific Amount Not applicable for this rf13. Section 2,10.1: Shipping Terms,1.O.II. Destination- Inside Delivery The F.O.B. point for any product ordered as title for cach�fi m r willpass ern l l.he contractor DESTINATION —INSIDE DELIVERY. The i to the County only after the County receives AND accepts well item. Delivery -Will ad bo complete until the County has accepted each item. Delivery to a common wrier shall Pat Institute delivery to the County. Any transportation dispute shall be between the contractor and the carrier. The County will pat consider any bid or proposal showing a F.O.B. point other than F.O.B.: Destination — Inside Delivery. Section 2.10.2: Deliveries Deliveries shall be mode within four (4)'working days on standard orders for stock, Deliveries for emergency orders shall be within two (2) working hours for contractors within Lake County and within eight (8) hours for contractors outside Lake County. Orders shall be so identified upon placement by participating offices. Deliveries shall be made to each location as indicated on each order. The vendor shall only be authorized to deliver batteries da unless otherwise mutually agreed upon i by b parties. and 5:00 pm Monday through'Frl y 1 No deliveries will be accepted on Saturdays, Sundays or County holidays. Section 2.11: Acceptance of Products or Services The product(s) delivcted as a result of an award from this solicitation shall remain the property of the contractor, and services rendered under the contract will riot be deemed complete, until a physical inspection and actual usage of the product(s) and /or scrvicc(s) is (are) accepted by the County and shall be in compliance with the terns heroin, fully in accord with the specifications and ofthc highest quality, Any product(s) and/or service(s) procured as a result of this solicitation may be tested for compliance with specifications. In the event that the product and/or service is found to be defective or does not conforin to the specifications, the County reserves the right to terminate the contract and return product to the vendor €lt the vendor's expense. The County will not be responsible to pay for any product or service that does not conform to the contract specifications. 11 SE CTION 2 — SPECIAL TERMS AND CONDITIONS lTB Number: 08-0804 Any defective product or service or any product or service pot delivered or peribrmed by the date specified in the purchase order or contract, may he procured by the County on the open market, and any increase in cost may be charged against the awarded contractor. Any Cost incurred by the County in any re- procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County for any contract or financial obligation Section 2.12; Warranty The vendor agrees that unless expressly stated otherwise in the bid or proposal, the product and/or service furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the vendor gives to any customer for comparable quantities of products and/or services and the rights and remedies provided herein are in addition to said warranty and do not limit any right afforded to the County by any other provision of this solicitation. Section 2.13.1: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U.S, Postal Service and any package delivered by a third party delivery organization (Pod -X, UPS, l)1IL, private courier, ctc) will be opened for security and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off-site secure controlled facility prior to delivery to any Lake County Government facility, which includes the Lake County Department of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Procurement Services Office prior to the date and time established within the solicitation, Allow sufficient time for transportation and inspection. Each package shall be clearly marked with the applicable solicitation number and titid. Ensure that your bid or proposal is securely sealed in an opaque envelope/ package to provide confidentittlity of the bid or proposal prior to the solicitation closing. If you plan on submitting your bid or proposal IN PERSON, please bring it to: LAKE COUNTY PROCUREMENT SERVICES 315 W. MAIN STREET 4T1-1 FLOOR, ROOM 416 TAVARES, FLORIDA if you submit your bid or proposal by the UNITED STATES POSTAL SERVICE, (US1 S) please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778 =7800 i2 SECTION 2 — SPECIAL TERMS AND CONDITIONS MI Number; 08 If you submit your bid or proposal by a THIRD PARTY CARRIER such as Fcd -X, UPS, or a private courier, please send it to: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 416 W. MA Iisl STREET TAVARi S,1 L 32778 Facsimile (fax) or electronic submissions (c =mkil) will n4t be accepted. Section 2.13.2: Completion Requirements for Invitation to Bid The original bid and three (3) complete copies of the bid submitted by the vendor shall be sealed and delivered to the Department of Procurement Services no later than the official bid opening date and tine. Any bid received after this time will not be considered and will be returned unopened to the submitter. The County is not liable or responsible for any costs incurred by any Bidder in responding to this JTB including, without limitation, costs - for product and/or service demonstrations if requested. When you submit your bid, you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the form(s) provided in this document. If you make any change to the content or format of any form, the County may typewritten/printed. ew l t your offer. . If u make a shall be or change legible written onany document, th prson signet g the iypcwritton/pnnted. If you bid proposal must initial the change. The bid shall be manually signed in BLUE INK by an official tgalicrize to legally bind the Bidder to its provisions. N1N1' wit • :lD _ ; ?: The vendor shall cgrnpletc till required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, codifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in provision 2.13.1 of this solicitation, The vendor shall also submit any supporting documents (to include proof of insurabilility and provision of bid bonds as required), samples and /or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope / package marked "Literature for Bid (Number)." Do not indicate bid prices on literature. Specific Completion Directions: Pricing shall be completed by filling in the unit price, extension price and total overall bid pricing. Initial and date in BLUE INK the appropriate space(s) for each addendum you received for this ITB. . Insert any prompt payment discount that you will offer. Note payment is NET 30 DAYS otherwise. 13 I'IB Number; 08•0804 SECTION 2 ® SPECIAL TERMS ANI) CONDITIONS r. Complete all certifications included within Section 4 of the solicitation. > Complete the reference information sheets (include at least three references) contained within the solicitation. Complete the vendor inl"or►r►atien, and sign the bid (IN BLUE MK) in the spaces provided in Section 4 of the solicitation. if insurance is required, submit either a certificate of insurance, or evidence of insurability, that is in compliance with the stated insurance requirements. Section 2.14: Additional Facilities may be Added Although this solicitation and resultant contract identifies specific facilities to be serviced, it is hereby agreed end understood that any County department or agency facility may be added to this contract at the option of the County. When required by the pricing structure of the contract, vendor(s) under this contract shall be invited to submit price quotes for these additional facilities. be if these quotes are determined to be fair and lowest ®aeeeptablel pricing, wi117'he awarded to the current contract vendor(s) that offers additional sitc(s) shall be added to this contract by formal modification. The County may determine to obtain price quotes n ot obtained from the current contract r► vendors, or in the event that fair and reasonable pricing i for other reasons at the County's discretion. Section 2.15: Additional Brands May bo Added Although this solicitation and resultant contract identifies specific brands to be purchased, it is hereby understood and agreed that additional brands for the same basic item may be added to this contract at the option of the County. If the pricing proposed by the vendor for the additional brands is considered to be fair and reasonable, then award may be made to the vendor thrduglt the issuance of a modification to the contract. The incumbent vendor(s) has/havo no exclusive right to provide these additional brand(s). The County may determine to obtain similarly structured pricing inputs from other vendors in response to situations where incumbent vendors do not provide for fair and reasonable pricing or for other reasons at the County's sole discretion, Section 2.16: Catalogs and Price Lists shall be submitted with Offer The vendor shall submit three (3) copies of the current manufacturer's price list(s) and catalog(s) with the initial offer. Failure to meet this requirement may result in your offer being rejected. These documents shall be in effect at the commencement of the contract and shall remain in effect for the life of the contract; unless pride escalations aro specifically allowable in accordance with this contract. Discounts offered �� evaluated be against ir►adc pursuant to i Se� ion 2.3 rein order to determine the vendor entitled "Method of Award ". 14 Number: N tnbcr; 08�0� ©A SECTION 2 — SPECIAL TERMS AND CONDITIONS 1 �® 'Upon request, the vendor shall provide additional sets of the manufacturer's product catalogs and pice lists at no additional cost to the County. Section 2.17: Competency of Vendors and Associated Subcontractors The County may elect to conduct a pre. award inspection of the vendor's facility during the offer evaluation process. Offers will be considered only from farms which are regularly engaged in the business of providing or distributing the goods and /or performing the services as described in the solicitation, and who can produce evidence of a consistent satisfactory record or ensue. Vendors must demonstrate that they have sufficient financial support organization that they can satisfactorily execute the contract if awarded under the terms and conditions herein stated. In the event that the vendor intends to subreontract any part of its work to another vendor, or will obtain the goods specifically offered under this contract from another source of supply; the vendor may be required to verify the competency of its subcontractor or supplier. The County reserves the right, before awarding the contract, to require a vendor to submit such evidence of its qualifications and th© qualifications of its nee available to it oldie it necessary. The County may consider any and other qualifications and abilitiesy vendor responfiabili y for hereunder, ihe purposes ecpng performance with the County, in determining vendor a vendor for contract awed, Section 2.18: Deletion of Facilities Although this solicitation identifies specific facilities to be serviced, it is hereby agreed and understood that any County department or agency may delete service for any facility (iies) when such service is no longer required during the contract period upon fourteen (14) calendar day's written notice to the vendor. Section 119: Emergency Service The vendor shall provide 24 hours, 7 days a week emergency service to the County under the contract if services are required during a declared disaster /emergency incident or event. Section 2.20: "Equal" Product can be considered Upon Receipt of Specified Data The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material unless otherwise indicated elsewhere in this solicitation. This specific solicitation requires submission of the following documentation to enable County evaluation of "equal" products; ; Product Information Sheets 15 SECTION 2 — SPECIAL TERMS AND CONDITIONS 11 13 Number: 06.0804 _ : Product Samples upon Specific Request : Product labels Performance Test Results If an "equal" product may be considered by the County in accordance with this solicitation, the unit shall be equal in quality and standards of perft rinance to the item specified in the solicitation. Where an "or equal" item is offered, and product information sheets are required, the initial offer must be accompanied with three (3) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures), and if required, three (3) copies of performance test results of the unit offered as an equal.. Also for product information submittals, all supporting documentation submitted by the vendor must in total meet the required specifications set forth in this solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the vendor shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they tue specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. For "equal" products to be evaluated based on submission of product libels, the initial offer should be accompanied with labels indicating the specification for each "or equal" item offered. Failure to meet this requirement may result in your offer being rejected, The County shall be sole judge of equality, based on the best interests of the County, and its decision in this regard shall be final. Items labeled "No Substitute" on the County's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. Section 2.21: Licenses, Permits and bees The vendor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, and regulations applicable to the Work contemplated herein, Damages, penalties andlor fines imposed on the County or the vendor for failure to obtain required licenses, permits, inspection fees, or inspections shall be borne by the vendor. Section 2.22: Limited Contract Extension to Maintain Service Levels It is hereby agreed and understood that this contract may be extended for an additional ninety (90) day transitional period after the stated expiration date of the contract including any contract extensions exercised under the initially established option period terms of the contract. During this transitional period the vendor agrees to continue the same or a reduced level (if such reduction is mutually agreed to and appropriately documented) of service to the County at the same prices while the new contract, also in force, is being mobilized. If the vendor is supplying equipment in conjunction with this contract, the vendor agrees to retain the equipment at the designated County premise for an additional thirty (30) calendar days after the current expiration 16 SECTION 2 — SPPcIAi TI RMS AND CONDITIONS lTR Number 08,0804 of the Contract; at which time the equipment shall be removed from the premises. The vendor shall be allowed to invoice the affected County department for this additional period on a pro rated basis. Section 2.23: Material Snfety Datn Sheet (MSDS) It is a vendor responsibility to ensure that the County has received the latest version of any MSDS required by 29 CFR 1910.1200 with the first shipment of any hazardous material. Also, at any time the content of an MSDS is revised, the vendor shall promptly provide a new MSDS to the County with the new information relevant to the specific material. Section 2.24: Omission from the Specifications The apparent silence of this specification and any addendum regarding any details or the omission from the specif cation of a detailed description concerning any point shall be regarded as moaning that only the bast commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. Section 2.25: Patents and Royalties A. The Contractor, without exception, shall indemnify and hold harmless the County, its employees end officers from liability of any nature or kind, including coat and expenses for or Qn account of any copyrighted, patented, or un- patented invention, process or article provided by the Contractor. The Contractor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the Contractor or is based solely and exclusively upon the County's alteration of the article. The County will provide prompt written notification of a claim of copyright or patent infringement. LLB, further, if such a claim is made or is pending, the Contractor tray, at its options and expenses, procure for the County the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receiva full reimbursement of all monies paid to the Contractor), If the Contractor uses design, device, or materials covered by letters, withoutexception that the bid proposal patent or copyright, it is mutually agreed an d understood price(s) include all royalties and/or costs arising f rom the use of such design, device or materials in any way Involved in the work. C. The Contractor will defend, at its own expense, any action brought against the County to the extent that it is based on a claim that the article supplied by the Contractor under the contract infringes a patent, industrial design, or any other similar right, and the Contractor will pay any costs and damages finally awarded against the County in any such action, where they are attributable to any such claim, but such defense and payments are conditional on the following: • the Contractor will be notified promptly in writing by the County of any notice of such claim received by the County, and 17 'I'1� Number. eReet$Q4 SECTION 2 — SPECIAL TERMS AND CONDITIONS t • the Contractor will have the sole control of the defense of any action or such claims, and All negotiations for its settlement or compromise. Section 2.26: Rebates and Special Promotions All rebates and special promotions offered by a manufacturer during the tarn of the contract shall be passcd on by the vendors) to the County. It shall be the responsibility of die vendor to notify the County of such rebates and/or special promotions during the contract period. Special promotions shall be offered by the vondor(s) to the County provided that the new price charged for the item(s) is lower than would otherwise be available through the contract. it is understood that these special promotions tnay be of a limited duration. At the end of such promotion, the standard contract price shall prevail. Section 227: Shelf Life of Stock The vendor(s) shall supply the 'County with fresh stock only and shall insure that items with a limited shelf life are inspected and certified fresh by the vendor prior to shipment to the County. Section 2.28: Substitution of Items During Term of Contract Substitute brands or models may be considered during. the contract period for discontinued models. The vendor shall not deliver any substitute iten' as a replacement to an awarded brand or model without express written consent of the Department of Procurement Services prior to such delivery. Substitute items must be of equal or quality subfitituli n requests awarded m � be Substitutes shall be considered only when necessary. Excessive cause to cancel the contract. Section 2.29 Wage Increases Mandated by Governmental Agencies When any change in the basic wage rate to be paid to vendor employees being utilized under thin contract is mandated by a governmental activity ( ©g; a change in the Federal Minimum Wage or other governmentally mandated wage structure, the vendor may submit a request for equitable adjustment. This adjustment request must be based strictly on the impact of the mandated change. 1 1; SECTION 3 — STATEMENT OF WORK 1113 Number; O8•08 04 SECL1'I iTIOJ This is an Indefinite quantity contract with no guarantee services will be required. The County does not guarantee a minimum or maximum dollar amount to be expended on any contract(s) resulting from this Invitation to Bid. The intent of this bid request is to obtain pricing for the purchase and delivery of batteries, automotive and general use to various locations within the Cow ty. All batteries bid and supplied shall be the bidder's premium quality lines. 1vidence that batteries meet the "Battery Council international Code" for construction of outside case plates, electrolytes, and testing requirements and conditions shall be provided with your bid. Technical literature shall be submitted with your bid to allow an evaluation to determine if the products meet or exceed specifications. All evidence must be numbered and marked in accordance with the item number specified on the bid sheet. Automotive batteries, upon request of an ordering department, shall be placed on consignment at designated County locations, The awarded contractor will invoice the using department as batteries are put into service. The invoiced prices will be those in effect at the time the batteries are placed in service. All batteries supplied to Lake County must be clearly identifiable as to the original manufacturer by means of the manufacture's trademark label affixed to the battery. Any batteries delivered by the contractor without proper identification will not be accepted mid shall be returned at the expense of the contractor. Secondary labels are acceptable as long as they do not replace the original manufacturer label (i.c. XYZ Co. label). Wet batteries shall be fully charged and ready for service. Wet batter es hel in oun consi ncd so ± �k at ' . i s nat�e Con lo a + ns o er th • a 3 out s shn be * lac • d th ne , 1 ei ed b ; ! cries cc of en : o th± ou n: t Batt ales which become out of date may be returned within the contract period to the contractor for loll credit, provided the battery is in salable condition. All automotive batteries shall carry a sixty (60) month warranty, the first (6) months being a free replacement warranty covering defective materials and workmanship. Adjustment of batteries which fail after the first six (6) months shall be adjusted as determined by the warranty period on a cost per month basis. Final adjustment shall be not less that the stated salvage price. Adjustments shall be completed within thirty (30) days of receipt of the returned battery. All contractor s shall insure lawful and proper lead acid battery reclamation and/or disposal and u1ust supply their EPA certificate number in order to prevent possible liability to Lake County in whole or part. Credit for cores will be given to Lake County at fair market value. 19 t7'1� SECTION 3 — STATEMENT OF WOE Alumbtr; 08.0$04 Delivery site locations: Environmental Services Landfill Operations Division 28215 County Landfill Rd Tavares,,P1 32778 Contact: Mike TerMeer Q 352.343.3776 Envirotunentitl Services Mosquito Management Division 401 S Sloxham Ave Tavares, Fl 32778 Contact: James Campbell r® 352.343.9419 Facilities Maintenance 32400 CR 473 Leesburg, Fl 34748 Facilities Jail Maintenance 550 W Main St Tavares, Fl 32778 Contact Joe Harris a 352.742.4002 Public Works Fleet Maintenance 2300W Griffin Road Leesburg, F1 34748 Contact: Bill Nicodem 0 352.787.2938 Public Safety Fire Fleet Maintenance 25028 Kirkwood Ave Astatula, Fl 34705 Contact: Bruce Talbot ® 352.742.2272 20 SECTION 4 — PRICING/ CERTIITIGA1'IONS/ SIGNATURES rra 'Numbor: 08.0804 ITB TITLE: BATTERIES, AUTOMOBILE AND GENERAL USE NOTES: • Lake County is exempt from all taxes (Federal, State, and Local). pricing should be less all trues. A 'Fax Exemption Certificate will be furnished upon request. • The vendor shalt not alter or amend any of the information (including, but not limited to stated units of measure, item description, or quantity) stated in the Pricing Section If any quantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Estimated Quantities" clause contained in Section 1 of this solicitation. • Tach prig: offered in your bid shall be a lirrn -fixed price, exclusive of any tax. Any bid containing a modifying or "escalator" clause not specifically allowed for under the solicitation will iI be considered. • All pricing shall be FOB Destination unless otherwise specified in this solicitation document. • All pricing submitted shall remain valid for a 90 day period. By signing and submitting a response to this solicitation, the vendor has specifically agreed to this condition. SF L A, AG Z IOL S1{ERT 21 SECTION 4 — PRICING/ CEIITIFICATIONS/ SIGNATURES 'T3 Number: 08 -0804 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS, Complete Part 1 or Pert 1I, whichever applies , 77, r�1 � � u, , Jt_ .1'.. r �.3i�s�' . .:.� f .l. ! t -' � -1' —_ • • — �� .� The bidder must list below the data of issue for each addendum received in connection with this ITh: Addendum ill, Dated: _ _ _ Addendum 42, Dated: _ __ Addendwn 43, Dated: �. Addendum #4, Dated: _ T -77-7-7-7,77-'77777/ • Wit �� 1.1 ° J I .fir - �' � L No Addendum was received in connection with this I'1 22 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES 1TB Number: 08-1304 By Signing This Bid the Bidder Attests and Certifies That: • It satisfrei all legal requirements (as tin entity) to do business with the County. • The undersigned vendor acknowledges that award of n contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. • The i d nl i hereby ddly authorized to execute this bid document and „ indtv any P,itruct(s) and/or other transactions required idunlls duly by nwerd of this solicitation. Additional Certifications Requiring Completion: Purchasing Agreements with Other Government Agencies This section is optiounl and will not affect contract award. if Lake County awarded you the proposed contract, would you soll under the same terms and conditions, for tiro same price, to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract y shall be responsible for its own purchnses and shall be liable only for materials or services ordered and received by it, laYes No (Check one) CertifierOen Regurding Felony Conviction Has any officer, Argun or executive of the bidding entity been convicted of a felony during the post ten (10) yens? 0 Yes allo (Check one) Conflict of Interest Disclosure Certification Except us listed below, no employee, Officer, or octant of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, eontreets, or interests associated with this project; and, this bid is made without prior understanding, agreement, or confection with any corporation, font, or person submitting a bid for the same service,,, and is in till respects fair and without collusion or fraud. Exceptions: •K 1 ' 11 1 M t i r' . � � i , ` l . ,.... �..��.Lu ..._•�J..�411 �JI .. r1- Fm Name: Street Address: ,• Mailing Address (if different): Telephone Na.: M. • f '_ � 1 �- Fax NO. :. o ” E-mail /f. • ! 'J . '. /1 r ! - • .c-' � 4 FEIN No. - 42 Prom t Payment Terms: • • % days, net ' _ Signature: i� . • Mate: Print Name: i c' .� J... _ .r. Title; y fir- . 1j ;� � ll��t � ��1- �yy (�d �,�NI y1L`i :� .;. By signature below, the County confirms award to the ttbove- identified vendor under the above identified solicitation. A separate purchase order will be generated by the County to support the contract, Vendor awa rded at T Sole vendor 0 lira- qunllfied pool vendor based on price Prc•quatified pool vendor (spot bid) ® Primary vendor for items: ® Secondary vendor for items: 0 Other stntus: Signature of autl 'zed County official: t-7 -re. Date: / _Jf Printed name: ' Pan01 hr 'd'' e: v .i'' S rot Purchase Order Number assigned to this contract for billing purposes; 23 f • SECTION 5 — ATTACHMENTS ITB Nwnbor: 08 -0804 THE FOLLOWING DOCUMENTS ARE ATTACHED Attnatneut 1: References Attachment 2: Price Sheet 24 , • SECTION S — ATTACT3MRNTS I ns Number, 08-0804 REVERENCES Agency Addrese Cit ,Slata IP _ Cord¢et Penon Teleghahe Date(s) of $ervita - • 'typo of Scrvteo cornmc1le n l Agency Addrvie Ciiy.State,ZIP Could Pereon Telephone Detc(e) of Sotvioe 'Nile or Servlea Commtmt: NI AgcncY —. _ Address City .Store ,Ztt' - Canteot PcTautl - Telephone _ pnte(p) or Service 'type or Service ` Commanta: 25 1 Berillery November 15, 2007 USA www.battery- usa.com Lake County Government Re: ITB 08.0807 Batteries, Auto & Gen Use We are pleased to provide our quotation for the supply of batteries for Automobiles and general applications per your ITS (08.0807. The State of Florida requires the remittance of 81450 per lead acid battery at the time of sale to the end user of the battery. This solid waste fee shall be listed as a separate item on each billing invoice to Lake County and be shown as'FPF`, Also, we have attached a list of core exchange units and values. Each battery you return to us for exchange shall be credited back to your account on a separate Invoice using the values shown on the attached form. This credit should be deducted from the extended total of the items bid to attain the net cost of each item. We appreciate the opportunity to continue to provide our quality products and services to Lake County. Sincerely J im Lawless Vice President Corporate Headquarters • 1840 S. Comboo Rd., Lakeland FL, 88801 (800) 262-2883 FAX (863) 868.5004 Southeast Regional Office - 1535 Oak Industrial Lana Suite J, Cumming GA 30041 (878) 947-6327 FAX (678) 947 -6857 Mid•Atlantic Regional Office - 1100 Corporation Pkwy. Ste 119, Raleigh NC 27610 (919) 212=8987 FAX (919) 212-0598 c • EXHIBIT B ft1 1 &ilICAl ►L ptilgikkli 1%, � 4 � 1 z a It g 4 „3 6 a 54. 1.... L LA a 't.1 *. gtk V9 r _ _ % cs '. i' i1J D Z .V e .“, Q Q q ,1 $ 1 4:: .4 * ' .hl g .b`;-.Ati t'v; :," t`,. kt i il *s t i ri 1 i s t r A - c.‘, : Z 0 0 0 o si 0 O.. WI h „ � ' i ; 'lo i 0 OP ttz i t.'t Z @ ID N {7 r N iS ,! O It 1� C7 N N trg CO w r tr. 2 O w r •• r to a U Q o O �! © Its Q Q O O LO B 4 G A. N N t2 O E r N Q W 0 N Z r oOO N c�7 - Q1 Cn N ..... ....-m O r N r r P •" O a 2 - N l S i o v 1....w mw t� § f� 0 L� J J tn i U 1 W °' � O CO _ � O wz e u. LL C CO 1-- h g e lo 2 0 0 44 m T. Ch cvNNNNM A R P • s^O 0 C3 1 -1U0 Mg 1 g1 o F Di E'er ® O r � w 23: O I Q 00 Q O g4 W O r N Cr! 'si �t7 iD ti 4D t7f b W gz , N m w o i� co m s-• r V V'a V to r- V e" N N N %.t•,1 it ,\ B id M 4 cti q N u 1 t i ' t 11111 1 v, t o ' 31 1 a , . 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It tn X a 0 Pil n RI IZA ME A November 16, 2007 BATTERY USA INC Lake County Government - Core Credit ITB Number 08-0807 Batteries, Automobile and General Use Item BO Grou 4 Core Unit Value Core Credit Q Ext Credit 1 24 1.0 $6.00 10 560.00 2 24F 1.0 56,00 6 536.00 3 26 1,0 56.00 2 512,E ._ __ 4 27 1.0 56,00 3 518.00 5 27F 1.0 $6.00 1 6.00 6 36R 1.0 $6.00 4 524.00 7 -~ 31 POST 1.5 _ 59.00 25 $225.00 8 31 D 1.5 59.00 91 5819.00 9 34 1.0 56.00 12 572.00 10 49 1.0 56,00 8 48.00 11 40 3.0 518.00 4 572.00 12 4DLT 3.0 5,181:2_ . 512600 13 58 1.0 56.00 3 _ 518.00 14 65 1.0 56.00 24 5144,00 15 6T1 1.5 $9.00 2 $1.00 16 75 1.0 6.00 30 $180.00 17 78 1.0 56.00 8 548,00 18 8D 40 524,00 12 5288.00 19 DT34/78 1.0 56.00 12 572,00 20 DT34/78 1,0__ $6.00 15 $90.00 21 UIL 0.5 53.00 1.0 530.00 22 GC US1800 V 1.5 59,00 10 59 23 DCS100L 1.5 59.00 15 5135.00 24 ACD1109C 1.5 - 59.00 18 5162.00 25 ACD3ITS 1.5 59.00 10 $90.00 26 BXL -65 1.0 56.00 27 5162.00 27 EN22 N/A 28 EN91 N/A EXTENDED CORE 29 EN22 N/A CREDIT IF EXCHANGED 53,045.00 30 EN93 N / ONE FOR ONE 31 EN95 N/A