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2017-081 AGREEMENT FOR OIL CHANGE & INSPECTION SERVICES .A. THIS AGREEMENT, is made and entered into this vi day of A uG v s7- 2017, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose,Street, Clermont, Florida, (hereinafter referred to as "CITY"), and CHRISTENSEN ENTERPRISES DBA ACTION GATOR TIRE, whose address is: 591 East Highway 50, Clermont, FL 34711 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the Lake County B.C.C. through the public procurement process awarded an Agreement for preventative maintenance of oil change&inspection services, Lake County B.C.C. Contract Number 14-0624A; WHEREAS, CITY desires to utilize the above-referenced awarded bid,CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Lake County B.C.C. Contract Number 14-0624A; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I-SCOPE OF WORK The CONTRACTOR shall provide preventative maintenance of oil change & inspection services as described-in the Lake County B.C.C. Contract Number 14-0624A, 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 acquireany items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II-THE CONTRACT SUM CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B', attached hereto and incorporated herein. ARTICLE III-TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties,and shall remain in effect until May 31, 2018, unless terminated or renewed as provided by the Lake County B.C.C. 1 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR. b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work,properly performed and accepted prior to the effective date of termination. 3. Upon mutual agreement of the parties,this Agreement may be renewed for one (1).additional one(1) year terms. ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide preventative maintenance of oil change & inspection services forth in the applicable purchase order or notice to proceed. ARTICLE V—PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for items provided during thepreceding calendar month. CITY shall make payment to the.CONTRACTOR,within thirty(30) calendar days, on thebasis of a duly certified and approved payment invoice by the CITY for services 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 Agreementshall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. Theparties 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. 2 ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $500,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $300,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Garage Liability at coverage value $1,000,000 Garage Keepers on a Direct Primary basis at coverage value$500,000 Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to 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, 3 disease or death,or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed.by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to'negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers'or workmen's compensation acts,`disability benefit acts or other employee benefit acts. (c) The.CONTRACTOR hereby acknowledges receipt of ten dollars and otherood and valuable g 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. CONTRACTOR: Christensen Enterprises DBA Action Gator Tire 591 East Highway 50 Clermont,FL 34711 Attn: Fred Christensen, President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 4 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent-breach of such provision or of such provision"itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to anyextent 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 CONTRACTOR. 6. Assignment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR,in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida.` 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include,to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. 5 (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X—AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in Lake County B.C.C. Contract/Bid No. 14-0624A. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this I day of AU6 U 57 1 2017. Ci i 1 ,,,,41!t Darre Ale Man..,ter Attest: c Tracy Ackroyd Howe, City Clerk 6 Christensen Enterprises DBA Action Gator Tire. By: f4'1eyariii1ka/) (Name Printed or Typed) Title Attest: Corporate Secretary (Name Printed or Typed) 7 EXHIBIT A . LAKE COUNTY FLORIDA CONTRACT NO. 14-0624A As-Needed Preventative Maintenance (Oil Change & Inspection) Services for Lake County Vehicles Under 9000 Lbs. GVWR 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 Christensen Enterprises DBA Action Gator Tire .(hereinafter "Contractor") to provide preventative maintenance services(oil,changes and:related,inspections)to the County pursuant to County Bid:number 1;4-0624 (hereinafter"Bid"), addenda nos. 1 and 2, opened April 23, 2014 and Contractor's Bid dated April 21, 2014 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. No financial obligation under this contract shall accrue against the County until a specific purchase transaction is completed`pursuant to the terms and conditions of this contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract:Insurance Certificate. The County's Procurement Services Manager 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 loss or damage by reason-of such breach,"whether:this Contract is terminated or not,said Contractor and their surety for any.required'bond shall be liable. This Contract is effective from_June 1,2014 through May 31,2015,except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty(30)day written notice for the convenience Of theCounty. This Contract provides for four(4)one(1)year renewals at Lake County's sole option per the terms noted in the ITB: Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Manager. LAKE COUNTY, FLORIDA By: Senior Contracting Officer Date: 2S 7-0�� Distribution: Original-Bid File CopyContractor Copy-Department "Earning Community Confidence Through Excellence in Service" Office of Procurement Services 315 W.Main,Suite 441 P.O.Box 7800 Tavares,Florida 32778-7800 Ph(352)343-9839 Fax(352)343-9473 int% LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.:3 2. Contract No.: 14-0624A Effective Date: June 1,2017 Effective Date:June 1,2014 ! 3. Contracting Officer:Donna Villinis • 5. Contractor Name and Address: Telephone Number.(352)343-9765 i Christensen Enterprises 4. Issued By: DBA Action Gator Tire 591 East Hwy 50 Procurement Services Lake County Administration Building Clermont FL 34711 315 W.Main St.,Suite 441 Tavares,Florida 32778-7800 Atm:Fred Christensen,President 6. SPECIAL INSTRUCTIONS:Contractor is required to sign Block 8 showing acceptance of the below written modification and return this farm to address shown in Block-4 within sen(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: 1 Modification to extend contract twelve(12)additional months,expiring May 31,2018 per all original teens and conditions. � 8. Contra ..r's S' REQUIRED 1 ,.iv,/;0# 9. Lake County,Florida Name: . . i f, - By: ` Tide: PIK/ /AV r..� �A I nior Con..-cting Officer r' Date: ,. _ 07X47 ! /c�01 Date ` 10. Distribution: 1. a Original--Bid/Contract File Copy—Vendor,Department Ed ig FISCAL AND ADMINISfR.AT11`LSI:RVI<EVPROCI.R1EAIENTSERvli'FS 1i P.O.BOX 7500.315 W.MAIN ST.,'1•AVARES,1l.32773.P 352.343.9539.F 352.343.9473 i; ax Board ofcommr Conmlissioners•www./nkrrnamyJl grnv . 'SLY.'2:hG9T».•aHtry..anvawr.®usv-i.w.. . 9 a4• r..?.gip _....., L.AKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.:2 ' 2. Contract No.: 14-0624A Effective Date: June 1,2016 Effective Date:June 1,2014 3. Contracting Officer:Donna Villins 5. Contractor Name and Address: Telephone Number(352)343-9765 Christensen Enterprises DBA Action Gator Tire 4. Issued By: 591 East Hwy 50 Procurement Services Clermont FL 34711 Lake County Administration Building 315 W.Main St.,Suite 441 Attn:Fred Christensen,President 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: Modification to extend contract twelve(12)additional months,expiring May 31,2017 per all original terms and conditions. 8. Contractor's Signature JtEOUIRE 9. Lake County,Florida Name: >lrG ei//JS 7rNe/"�"� ) P By: Title: Pas�a 677 ��� Senior Contracting Officer Date: c2//1/1, -11 - aD X10 / Date 10. Distribution: Original-Bid No. 14-0624 Copy—Vendor Copy—Fleet Department FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVICES P.O.BOX 7800.315 W.MAIN ST.,TAVARES,FL 32778•P 352.3419839•F 352.343.9473 Board of Count!Commissioners•www.lakecoungf.gor TIMOTHY I.Mil I IVAN SEAN M. PARKS..MCP,(11"P JIMMY CONNIR 1.1.51 II. CAMPIONE WI I ION G.CADWEI I. J)islriel 1 Dist vier 2 District 3 District.1 District 5 • LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT 1. Modification No.:I 2. Contract No.: 14-0624A Effective Date: June 1,2015 Effective Date:June 1,2014 3. Contracting Officer:Donna Villinis 5. Contractor Name and Address: Telephone Number.(352)343-9765 Christensen Enterprises DBA Action Gator Tire 4. Issued By: Procureent Services Clermont FI 34711 Lake County Administration Building 315 W.Main St.,Suite 441 Attn:Fred Christensen,President 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_Bkzck 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: Modification to extend contract twelve(12)additional months,expiring May 31,2016. ! I 8. ContraAol S e REQUIRED 9. Lake County,Florida Name /Llr{ YLAV&h_ By: Title: PCftid N7ki7 �' Senior Contracting Officer Date 3-5, Z U 1 Date ' 10. Distribution: Original-Bid No.140624 Copy—Vendor Copy—Fleet Department • � I • FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVICES P.O.BOX 7800.315 W.MAIN ST.,TAVARES,PL 32778•P 352.343.9839•1:352.343.9473 Board ofCowtty Conanzissioaers•Innr.lakecounnyl.gor I'IMflTI11'I.SULLIVAN CFAN u.PARRS.i;i.qtr. IIMM1'CONN'11 I tsi Ii CAM PIONI WFI1ON G.cnnwrl.I District 1 District 2 District.3 District 4 District 5 IriIIIP LAKE COUNTY FLORI DA INVITATION TO BID (ITB) As-Needed Preventative Maintenance(Oil Change and Inspection)Services for Lake County Vehicles Under 9000 Lbs.GVWR ITB Number: 14-0624 Contracting Officer: D.Villinis Bid Due Date: April 23,2014 Pre-Bid Conf.Date: Not Applicable Bid Due Time: 3:00 p.m. ITB Issue Date: March 28,2014 TAM A OF CONTENTS SECTION 1: Special Terms and Conditions 2-11 — SECTION 2: Statement of Work 12 SECTION 3: General Terms and Conditions 13-16 SECTION 4: Pricing/Certifications/Signatures 17-19 SECTION 5: Attachments 20-22 'SPECIPYE SOLIOIrATION BQUIREMENTS REAS NOTED BELOW - .. Proposal and/or Performance Bond: Not Applicable for this solicitation Certificate of Competency/License: Not Applicable for this solicitation Indemnification/Insurance: See Section 1.8 Pre-Bid Conference/Walk-Thru: Not Applicable for this solicitation At the date and time 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 in the Office of Procurement Services thirty(30)calendar days after the official bid due date. When counter- signed by an authorized County representative,this document and any specifically identified attachments may form the contract document binding the parties to all performance specified herein. Vendors shall complete and return the entirety of this ITB Document, and attach all other information requested in this ITB document(See Provision 1.13). Failure to sign the bid response, or to submit the bid response by the specified time and date,may be cause for rejection of the bid. NO-RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time,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 firm on Lake County's Vendors List for future solicitations for this product/service ❑ Please remove our firm from Lake County's Vendor's List for this product/service. Complete the following section: VENDOR IDENTIFICATION 4cfiLW/c11ct–'114F Company Name: F11./✓j r,,if� CNI cIZ O A Phone Number: 'O'7 to f 0L $ E-mail Address: 0470(-a/ifarm f'' /4i�di cop; Contact Person: nrn ejiAJ7,tiiill.Lb) 1 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 Section 1.1: Purpose The purpose of this solicitation is to establish contractual arrangements with multiple vendors for as-needed preventative maintenance (oil change and inspection) services for Lake County vehicles under 9000 pounds GVWR in conjunction with the County's needs. The County anticipates that these services will be used primarily in areas distant from the County's centralized maintenance facility located in the Christopher C. Ford Commerce Park near Groveland. Section 1.2: Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed in writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation. To ensure reply, questions should be submitted no later than five(5) working days before the bid due date. Donna Villinis,CPPB, Senior Contracting Officer Lake County BCC Office of Procurement Services 315 W.Main Street,Room 441 PO BOX 7800 Tavares,FL 32778-7800 Phone: 352.343.9839 Fax:352.343.9473 E-mail: dvillinis@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 Office of Procurement Services. Section 1.3: 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 multiple award(s) on the basis of price,performance record, and location;and to reject any and all offers or waive any minor irregularity or technicality in bids received. Section 1.4: Pre-Bid Conference Not applicable to this solicitation. Section 1.5: Term of Contract 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 Office of Procurement Services; and contingent upon the completion and submittal of all required pre-award documents. The initial 2 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 contract term shall remain in effect for twelve(12)months, and then the contract will remain in effect until completion of the expressed and/or implied warranty period. The 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 1.6: Option to Renew The County shall have the option to renew this contract for four (4) additional one (1) year period(s). The vendor will be notified prior to the completion of the initial term and each subsequent term of the contract of the County's intent to renew. Prior to completion of each exercised contract term,the County may consider an adjustment to price based on changes in the following pricing index: U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov), Wage, Earnings and Benefits calculators. It is the vendor's responsibility to requestin writing any pricing adjustment under this provision. The vendor's written request for adjustment should be submitted thirty (30) calendar days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. The written request for adjustment should not be in excess of the relevant pricing index change. If no 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 commencement of a new option period shall not be considered. The County reserves the right to reject any written price adjustments submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. Section 1.7: Method of Payment The County shall provide periodic payments for services rendered by the vendor. The vendor shall complete a service order (attachment A to this Invitation to Bid) and an associated billing document for each oil change and servicing completed on an individual vehicle basis.An invoice shall be sent via email or USPS mail to the designated County representative. In order for the County to provide payment,the vendor shall submit a fully documented invoice that provides the basic information set forth below. The invoice shall be submitted to the appropriate County department within seven (7) calendar days after the service has been rendered. It shall be understood that such invoices shall not be submitted for payment until such time as the service has been completed and a County representative has reviewed and approved the service. 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. Each invoice shall be accompanied by a completed Preventative Maintenance Checklist (supplied by the County) (see Attachment 1). Failure to submit invoices in the prescribed manner will delay payment, and the vendor may be considered in default of contract and its contract may be terminated. Payments shall be tendered in accordance with the Florida Prompt Payment Act,Part VII,Chapter 218,Florida Statutes. 3 • SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 Section 1.8: Insurance Each vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following requirements: [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County.] An original 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 must be received and accepted by the County prior to contract execution and/or before any work begins. The vendor shall provide and maintain at all times during the term of any contract, without cost or expense to the County, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the County at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall insure the vendor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements,with the following minimum limits and coverage: Each Occurrence/General Aggregate $500,000 Products-Completed Operations $500,000 Personal&Adv.Injury $500,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including owned, non-owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $300,000 or Bodily Injury(per person) $100,000 Bodily Injury(per accident) $300,000 Property Damage $100,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law 4 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 requiring workers' compensation (Federal, maritime, etc). If 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. Employers Liability insurance with the following minimum limits and coverage: Each Accident $100,000 Disease-Each Employee $100,000 Disease-Policy Limit $500,000 Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) as applicable, with minimum limits of$500,000 and annual aggregate of$1,000,000. The following additional coverage must also be provided: Garage Liability at coverage value: $1,000,000 Garage Keepers on a Direct Primary basis at coverage value: $500,000 Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the Vendor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsement(s)providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (ITB/RFP/RFQ) number in the Description of Operations section of the Certificate. Certificate holder shall be: LAKE COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,AND THE BOARD OF COUNTY COMMISSIONERS P.O.BOX 7800 TAVARES,FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision,with no requirement of premium payment by the County. 5 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number:14-0624 The Vendor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements. All self-insured retentions shall appear on the certificate(s)and shall be subject to approval by the County. At the option of the County, the insurer shall reduce or eliminate such self-insured retentions, or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses. The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention shall be the sole responsibility of the vendor and/or sub contractor providing such insurance. 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 or Subcontractor(s),nor a failure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability,damages,and accidents as set forth herein. Section 1.9: Bonding Requirements Not applicable to this solicitation. Section 1.10: Completion of Work As specified in Statement of Work,Section 2. Section 1.11: Acceptance of Goods or Services The services rendered under the contract will not be deemed complete until a physical inspection and actual usage of the serviced vehicle are accepted by the County and are found to be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. Any services purchased as a result of this solicitation and/or contract may be inspected for compliance with specifications. In the event that any aspect of the services provided is found to be defective or does not conform to the specifications,the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause. The County will not be responsible to pay for any product or service that does not conform to the contract specifications. In addition,any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the County on the open market, and any increase in cost may be charged against the awarded contractor. Any cost 6 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 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 fmancial obligation. Section 1.11.1: Deficiencies in Work to be Corrected by the Vendor The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within seven(7) calendar days after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the vendor by the County's project administrator,who may confirm all such verbal reports in writing. The vendor shall bear period specified, the County may, at its discretion, notify the vendor, in writing,that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within ten(10)calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the County shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs, either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the County may terminate the contract for default. Section 1.12: Warranty The vendor agrees that, unless expressly stated otherwise in the bid or proposal, the 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 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. The vendor hereby acknowledges and agrees that all materials supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability,and fit for a particular purpose. Section 1.13: 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 (FedEx, UPS, DIS,, private courier, etc.) 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 Office of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Office of Procurement Services prior to the date and time established within the solicitation. A response will not be considered for award if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center. Allow sufficient time for transportation and inspection. 7 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 Each package shall be clearly marked with the applicable solicitation number,title,and company name. Ensure that your bid or proposal is securely sealed in an opaque envelope/package to provide confidentiality of the bid or proposal prior to the due date stated in the solicitation. If you plan on submitting your bid or proposal IN PERSON,please bring it to: LAKE COUNTY PROCUREMENT SERVICES 315 W.MAIN STREET 4TH FLOOR,ROOM 441 TAVARES,FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES,FL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier,please send it to: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG,FL 34788 Facsimile(fax)or electronic submissions(e-mail)will not be accepted. Section 1.14: Completion Requirements for Invitation to Bid One(1)signed original and two(2)complete copies of the bid submittal shall be sealed and delivered to the Office of Procurement Services no later than the official bid due date and time. 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 ITB 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 disqualify your offer.All information shall be legible and either written in ink or typewritten. If you make a correction or change on any document, the person signing the bid proposal must initial the change. The bid shall be manually signed in BLUE INK by an official authorized to legally bind the Bidder to its provisions. 8 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number:14-0624 COMPLETION OF BID PACKAGE: The vendor shall complete all required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation(pages 1-23)with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation. The vendor shall also submit any supporting documents (to include proof of insurability 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 14-0624." Do not indicate bid prices on literature. Specific Completion Directions: • Pricing shall be completed as directed within Section 4. • 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. • 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 information, and sign the bid(IN BLUE INK) 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 1.15: Availability of Contract to Other County Departments Although this solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the vendor(s)at the contract price(s)established herein. Under these circumstances, a contract modification shall be issued by the County identifying the requirements of the additional County department(s). Section 1.16: 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 firms which are regularly engaged in the business of performing the services as described in the solicitation, and who can produce evidence of a consistent satisfactory record of performance. Vendors must demonstrate that they have sufficient financial support and organization to ensure that they can satisfactorily execute the contract if awarded under the terms and conditions herein stated. In the event that the vendor intends to sub-contract 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 sub-contractor or supplier. The County reserves the right, before awarding the contract, to require a vendor to submit such evidence of its qualifications and the qualifications of its sub-contractor as it may deem necessary. The County 9 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 may consider any evidence available to it of the financial, technical and other qualifications and abilities of any vendor responding hereunder, including past performance with the County, in determining vendor responsibility for the purposes of selecting a vendor for contract award. Section 1.17: Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to,those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association(NFPA). Section 1.18: Labor,Materials,and Equipment Shall be Supplied by the Vendor Unless otherwise stated in this solicitation the vendor shall furnish all labor, materials and equipment necessary for satisfactory contract performance. When not specifically identified in the statement of work, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County. Section 1.19: Minimum Wages Under this contract, the wage rate paid to all laborers, mechanics and apprentices employed by the vendor for the work under the contract, shall not be less than the prevailing wage rates for similar classifications of work as established by the Federal Government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (f)of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher. Section 1.20: Omission from the Specifications The apparent silence of this specification and any addendum regarding any details, or the omission from the specification of a detailed description concerning any point, shall be regarded as meaning that only the best 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 1.21: Risk of Loss The vendor assumes the risk of loss of damage to the County's property during possession of such property by the vendor, and until returned to, and acceptance of, that property to the County. The vendor shall immediately repair, replace or make good on the loss or damage without cost to the County,whether the loss or damage results from acts or omissions(negligent or not)of the vendor or a third party. The vendor shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this contract. The vendor 10 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 14-0624 shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. Section 1.22: Service Facilities Shall be Provided in Lake County by the Vendor Bids will only be accepted from vendors which have service facilities located within Lake County. Service facilities are defined as facilities that can provide the services covered by this solicitation and resultant contract. The County reserves the right to perform an inspection of these service facilities during the bid evaluation period, and any time during the term of the contract, and to use this inspection as a means for determining the vendor to which award will be made under this solicitation. The acceptability of the size, location, level of security, and overall functionality of the service facility shall be determined by the County in consideration of the contract requirements. The County's best interests shall prevail in this regard,and the decision of the County shall be final. Section 1.23: Special Notice to Vendors Regarding Federal and/or State Requirements Upon award of a contract resulting from this solicitation, the vendor shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of 1) All persons employed by the vendor during the term of the contract to perform employment duties within Lake County;and 2) All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract. Section 1.24: Wage Increases Mandated by Governmental Agencies When any change in the basic wage rate to be paid to vendor employees being utilized under this contract is mandated by a governmental activity(e.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. 11 EXHIBIT B SECTION 2—STATEMENT OF WORK ITB Number: 14-0624 SCOPE OF SERVICES 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. It is the intent of the County to establish a contract with multiple vendors for the annual requirements of preventative maintenance(oil change and inspection)services in conjunction with the County's needs for motor vehicles with a Gross Vehicle Weight rating up to and including 9,000 pounds. Parts supplied must be of the highest quality that meet or exceed original vehicle manufacturer (OEM) specifications and/or quality for a mixed fleet with diverse ages,operating under diverse conditions. The successful bidder(s) shall have adequate tooling machinery capable of performing preventative maintenance and multipoint inspection on passenger cars and light trucks. The successful bidder(s)must also possess all special hand tools and special equipment recommended by the vehicle and truck manufacturers to effectively and efficiently perform preventative maintenance services. The successful bidder(s) shall abide by OSHA requirements and their staff assigned to the County's projects shall be ASE or factory certified. Preventative maintenance services for a gasoline vehicle shall include at a minimum: • Drain and replace crankcase oil meeting American Petroleum Institute (API) oil performance standard ILSAC GF-5 or API SN. Crankcase shall be filled to manufacturers recommended capacity. Oil viscosity must meet vehicle manufacturer's recommendation. • Dispose of or recycle drained oil in accordance with all applicable laws. • Replace oil filter. • Fill tires with air to pressure recommended by the vehicle manufacturer. • Fill windshield washer fluid reservoir, • Check the following fluids: transmission/transaxle, brake, differential,transfer case, coolant, and power steering; • Inspect the following: tires, serpentine belts, engine air filter, windshield wiper blades, and exterior lights. The vendor shall bill for each overall oil change/inspection service on an individual basis. The vendor shall complete and submit with the billing invoice a fully completed "Preventative Maintenance Checklist" listed herein as "Attachment A." The invoice and checklist shall be emailed or mailed via USPS mail to the designated County representative as noted in Section 1.7(Method of Payment). Pricing shall be entered as a lump sum price per each for vendor to perform oil change and inspection services noted above. The County will not purchase any additional services under the resulting contract(s)beyond those specified above. The County would deliver the vehicle to the vendor's shop and either wait for the for the services to be performed, or leave the vehicle and return later (possibly next day) to pick the vehicle up. There is no estimated quantity or guaranteed volume under this contract. Services will be obtained on an as-needed basis only.These services are currently provided at a central location by the County's Fleet Division,and will continue to be provided by the Division. The majority of use of private sector facilities under the resulting contract(s) is anticipated in areas distant from the centralized facility. However,the County desires to establish contract(s) with firms throughout all of Lake County. In the event service supplied to the County by the is found to be defective or does not conform to specifications, the County reserves the right to require the Vendor to re-perform the service at the Vendor's expense. 12 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number: 14-0624 3.1 DEFINITIONS may issue an addendum in response to any inquiry received,prior Addenda:A written change to a solicitation. to bid opening, which changes,adds to, or clarifies the tent's, Bid:Shall refer to any offer(s)submitted in response to this 1T13. provisions,or requirements of the solicitation. The bidder should Bidder: Refers to any entity that submitted a bid under an iTB. not rely on any statement or explanation whether written or verbal, Contract: The agreement to perform the services set forth in this other than those made in this solicitation document or in any solicitation. The contract will be comprised of the solicitation addenda issued. Where there appears to be a conflict between this document signed by both parties with any addenda and other solicitation and any addenda, the last addendum issued shall attachments specifically incorporated. prevail. It is the bidder's responsibility to ensure receipt and to Contractor: The vendor to which award has been made. acknowledge all addenda and any accompanying documentation. County: Shall refer to Lake County,Florida. Failure to acknowledge each addendum may prevent the bid from Invitation to Bid(ITB): Shall mean this solicitation document, being considered for award including any and all addenda. An HB contains well-defined D. Contents of Solicitation and Bidders'Responsibilities terms,conditions,and specifications,and is awarded to the lowest It is the responsibility of the bidder to become thoroughly familiar priced responsive and responsible bidder. with the requirements,terms,and conditions of this solicitation. Modification: A written change to a contract. Stated unawareness of contractual terms and conditions will not be Responsible: Refers to a bidder that has the capacity and accepted as a basis for varying the requirements of the County or capability to perform the work required under an Invitation to Bid, the amount to be paid to the vendor. and is otherwise eligible for award. E. Restricted Discussions Responsive: Refers to a bidder that has taken no exception or From the date of issuance of this solicitation until final County deviation from the terms,conditions,and specifications in an ITB. action, vendors should net discuss the solicitation with any Solicitation: The written document requesting either bids or employee,agent,or any other representative of the County except proposals from the marketplace. as authorized by the designated procurement representative.The Vendor: A general reference to any entity responding to this only communications that shall be considered pertinent to this solicitation or performing under any resulting contract. solicitation are written documents from the vendor addressed to the designated procurement representative and relevant documents The County has established that the words"shall", "must", or promulgated by the designated procurement representative. "will"are equivalent within this ITB and indicate a mandatory F. Change to,Withdrawal o1 or Mistake in,Bid requirement which shall not be waived by the County. Changes to Bid-Prior to bid opening,a bidder may change its bid 3.2 INSTRUCTIONS TO BIDDERS by submitting a new bid with notice on the firm's letterhead, A. Bidder Qualification signed by an authorized agent, stating that the new submittal It is the policy of the County to encourage full and open replaces the original submittal. The new submittal shall contain all competition among all available qualified vendors. All vendors information as required for submitting the original bid. regularly engaged in the type of work specified in the solicitation Withdrawal of Bid-A bid may be withdrawn,either physically or arc encouraged to submit bids. To be recommended for award the by written notice, at any time prior to the bid due date. If County requires that vendors provide evidence of compliance with withdrawn by written notice,that notice must be addressed to,and the requirements below upon request: received by,the designated procurement representative prior to the 1. Disclosure of Employment bid due date and time. A bid may also be withdrawn after 2. Disclosure of Ownership expiration of the specified bid acceptance period, and prior to 3. Drug-Free Workplace award, by submitting a letter to the designated procurement 4. W-9 and 8109 Forms—The vendor must furnish these forms representative. The withdrawal letter must be on company upon request as required by the Internal Revenue Service. letterhead and signed by en authorized agent of the bidder. 5. Social Security Number—The vendor must provide a copy of Mistake in Bid-Any allegation of mistake in Bid shall be treated the primary owner's social security card if the social security on a case-by-case basis. It is to be assumed that any alteration in number is being used in lieu of the Federal Identification bid price after receipt of bids will be exceptional in nature,and will Number(F.E.I.N.) be allowed only when substantiated by current legal precedence. 6. Americans with Disabilities Act(A.D.A.) G. Conflicts within the Solicitation 7. Conflict of interest Where there appears to be a conflict between contractual terms and 8. Debarment Disclosure Affidavit conditions,the technical specifications,the pricing section,or any 9. Nondiscrimination addendum issued,the order of precedence shall be: last addendum 10. Family Leave issued,the pricing section,the technical specifications,the special, 11 Antitrust Laws—By acceptance of any contract,the vendor and then general conditions. it is incumbent upon the vendor to agrees to comply with all applicable antitrust laws. identify such conflicts prior to the bid response date. B. Public Entity Crimes H. Prompt Payment Terms Pursuant to Section 287.133(2)(a)of the Florida Statutes,a person It is the policy of the County that payment for all purchases by or affiliate who has been placed on the convicted vendor list County agencies shall be made in a timely manner and that interest following a conviction fora public entity crime may not submit a payments will be made on late payments in accordance with Part bid on a contract to provide any goods or services to a public VII,Chapter 218,Florida Statutes,known as the Florida Prompt entity,may not submitorepair a bid onp a contract ng o a publiccentitykforPayment Act The bidder may offer cash discounts for prompt the submit bids oronof a real propertylic building or publicic work,may ents; however, such discounts will not be considered in not submit bids on leases of to a entity,may Patin not be awarded or perform as a contractor,supplier,subcontractor, determining the lowest price during bid evaluation. Bidders are or consultant under a contract with any public entity,end may not requested to provide prompt payment terms in the space provided transact business with any public entity in excess of the threshold on the signature page of the solicitation. amount provided in Section 287.017 of the Florida Statutes,for 3.3 PREPARATION OF BIDS CATEGORY TWO for a period of 36 months from the date of A. The Pricing SectionONof this solicitation defines the goods or being sforoAdthe ditional Informationvicted aist. services to be purchased, and must be completed and A. commRequest r inquiries, q submitted with the bid. Use of any other form or alteration of orAny communication alr tady contained in the solicitation, o for clarification onare tof process the form may result in the rejection of the bid. w proceduretoalready of the s ant repres nta iv identified madf id B The bid submitted must be legible, and completed using t eg solicitation the tionntion t the nfive(5) rking days pe toe typewriter, computer or ink. Any entry change must be in the d . Suchno later thanfive(5)working requester'sue prior to the crossed out and initialed in ink. Failure to comply with these bid ass ante epinquiries shall contain thet Services name requirements may cause the bid to be rejected. address,and telephone number. The Procurement Services Office 13 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number: 14-0624 C. An authorized agent of the bidder's firm must sign the bid. Chapter 119 of the Florida Statutes(the"Public Record Act").The FAILURE TO SIGN THE BID MAY RENDER THE bidder should not submit any information which the bidder )3ID NON-RESPONSIVE, considers proprietary or confidential. The submission of any D. The bidder may be considered non-responsive if bids are information to the County in connection with any solicitation shall conditioned to modifications, changes, or revisions to the be deemed conclusively to be a waiver of any protection from terms and conditions of this solicitation. release of the submitted information unless such information is E. The bidder may submit alternate bid(s) for the same exempt or confidential under the Public Records Act. solicitation provided that such offer is allowable under the 3.10 CANCELLATION OF SOLICITATION terms and conditions. The alternate bid must meet or exceed The County reserves the right to cancel,in whole or in part,any the minimum requirements and be submitted as a separate bid Invitation to Bid when it is in the best interest of the County. marked"Alternate Bid". 3.11 AWARD F. When there is a discrepancy between the unit prices and any A. Unless otherwise allowed by statute or ordinance,award will extended prices,the unit prices will prevail. be made to the lowest priced responsive and responsible G. Any bid received after the stipulated bid due date and time bidder. The County reserves the right to reject any and all through no fault of the County will be considered late,and bids,to waive non-material irregularities or technicalities and except under the most exceptional circumstances, not be to re-advertise for all or any part of this solicitation as considered for award. deemed in its best interest. The County shall be the sole H. Unless otherwise specified in the solicitation,prices quoted judge of its best interest. shall be F.O.B.Destination. B. When there are multiple line items in a solicitation, the 3.4 COLLUSION County reserves the right to award on an individual item Where two (2)or more related parties, as defined herein, each basis, any combination of items, total low bid or in submit a bid for the same contract, or evidence any prior whichever manner deemed in the best interest of the County. understanding,agreement,or connection in such regard,such bids This provision specifically supersedes any method of award shall be presumed to be collusive. Related parties shall mean criteria stated in the solicitation when such action is clearly bidder or principals thereof that have a direct or indirect ownership necessary to protect the best interests of the County. interest in another bidder for the same contract or in which a parent C. The County reserves the right to reject any and all bids if it is company or the principals thereof of one bidder have a direct or determined that prices are excessive or determined to be indirect ownership interest in another bidder for the same contract unreasonable, or it is otherwise determined to be in the Bids found to be collusive shall be rejected. Bidders which have County's best interest to do so. been found to have engaged in collusion may be considered non-. D. The County reserves the right to negotiate prices with the low ' responsible,and may be suspended or debarred. Any contract bidder,provided that the scope of work is not amended. resulting from collusive bidding maybe terminated for default. E. Award will only be made to firms that satisfy all legal 3.5 PROHIBITION AGAINST CONTINGENT FEES requirements to do business with the County. The County The vendor warrants that they have not employed or retained any may conduct a pre-award inspection of the bidder's site or company or person, other than a bona fide employee working conduct a pre-award qualification meeting to determine the solely for the vendor to solicit or secure the contract and that they responsibility and capacity of the bidder to perform. Award have not paid or agreed to pay any person,company,corporation, may be predicated on compliance with and submittal of all individual,or firm,other than a bona fide employee working solely required documents as stipulated in the solicitation for the vendor,any consideration contingent upon or resulting from F. The bidder's performance as prime or subcontractor on the award or making of the contract. previous County contracts shall be taken into account in 3.6 CONTRACTING WITH COUNTY EMPLOYEES evaluating the responsibility of a responding bidder. Any County employee or member of his or her immediate family G. The Director of Procurement Services will decide all tie bids seeking to contract with the County shall seek a conflict of interest in consonance with current written procedure in that regard. opinion from the County Attorney prior to submittal of a response H. A vendor wishing to protest any award decision resulting from to contract with the County. The affected employee shall disclose this solicitation shall do as provided for in the County's the employee's assigned function within the County and interest or Purchasing Procedure Manual. the interest of his or her immediate family in the proposed contract 3.12 GENERAL CONTRACT CONDITIONS and the nature ell-the intended contract. The contract shall be binding upon and shall inure to the benefit of 3.7 INCURRED EXPENSES each of the parties and of their respective successors and permitted This solicitation does not commit the County to award nor be assigns. The contract may not be amended,released,discharged, responsible for any cost or expense which may be incurred by any rescinded or abandoned, except by a written instrument duly bidder in preparing or submitting a bid,or any cost or expense executed by each of the parties hereto. The failure of any party incurred prior to the execution of a purchase order or contract. By hereto at any time to enforce any of the provisions of the contract submitting a bid,the bidder also agrees that the County bears no will in no way constitute or be construed es a waiver of such responsibility for any costs of the bidder associated with any provision or of any other provision hereof nor in any way affect administrative or judicial proceedings resulting from this the validity of,or the right thereafter to enforce,each and every solicitation process. provision of the contract.Any dispute arising during the course of 3.8 COUNTY IS TAX-EXEMPT contract performance that is not readily rectified by coordination When purchasing on a direct basis,the County is generally exempt between the vendor and the County user department shall be from Federal Excise Taxes and all State of Florida sales and use referred to Procurement Services office for resolution. taxes. The County will provide an exemption certificate upon 3.13 OTHER AGENCIES request by the seller for such purchases. Except for item(s) With the consent of the vendor, other agencies may make specifically identified by the vendor and accepted by the County purchases in accordance with the contract. Such purchases shall be for direct County purchase under the Sales Tax Recovery Program, govemed by the same terms and conditions as stated herein with contractors doing business with the County are not exempt from the exception of the change in agency name. paying sales tax to their suppliers for materials needed to fulfill 3.14 CONTRACT EXTENSION contractual obligations with the County, nor is any vendor The County has the unilateral option to extend a contract for up to authorized to use the County Tax Exemptions for such purchases. ninety(90)calendar days beyond the current contract period. In 3.9 PROPRIETARY/CONFIDENTIAL INFORMATION such event,the County will notify the vendor(s)in writing of such Bidders are hereby notified that all information submitted as part extensions. The contract may be extended beyond the initial of a bid will be available for public inspection in compliance with ninety(90)day extension upon mutual agreement between the 14 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number: 14-0624 County and the vendor(s).Exercise of the above options requires including attorney's fees and costs of defense,which the County or the prior approval of the Director of Procurement Services. its officers,employees,agents or instrumentalities may incur as a 3.15 WARRANTY result of claims,demands,suits,causes of actions or proceedings All warranties express and implied,shall be made available to the of any kind or nature arising out of,relating to or resulting from County for goods and services covered by this solicitation. All the performance of the agreement by the vendor or its employees, goods furnished shall be fully guaranteed by the vendor against agents,servants,partners,principals or subcontractors. The vendor factory defects and workmanship. At no expense to the County, shall pay all claims and losses in connection therewith,and shall the vendor shall correct any and all apparent and latent defects that investigate and defend all claims,suits or actions of any kind or may occur within the manufacturer's standard warranty period. nature in the name of the County, where applicable, including The special conditions of the solicitation may supersede the appellate proceedings, and shall pay all costs, judgments, and manufacturer's standard warranty. attorney's fees which may be incurred thereon. The vendor 3.16 ESTIMATED QUANTITIES expressly understands and agrees that any insurance protection Estimated quantities or dollars arc for bidder's guidance only. No required by this Agreement or otherwise provided by the vendor guarantee is expressed or implied as to quantities or dollar value shall in no way limit the responsibility to indemnify,keep and save that will be used during the contract period. The County is not harmless and defend the County or its officers,employees,agents obligated to place any order for a given amount subsequent to the and instrumentalities as herein provided. award of this solicitation. The County may use estimated 3.24 MODIFICATION OF CONTRACT quantities in the award evaluation process.Estimated quantities do Any contract resulting from this solicitation may be modified by not contemplate or include possible additional quantities that may mutual consent of duly authorized parties,in writing through the be ordered by other entities that may utilize this contract. In no issuance of a modification to the contract and/or purchase order as event shall the County be liable for payments in excess of the appropriate. 'This presumes the modification itself is in compliance amount due for quantities of goods or services actually ordered. with all applicable County procedures. 3.17 NON-EXCLUSIVITY 3.25 TERMINATION FOR CONVENIENCE It is the intent of the County to enter into an agreement that will The County,at its sole discretion,reserves the right to terminate satisfy its needs as described within this solicitation. Ilowevcr,the this contract upon thirty(30)days written notice. Upon receipt of County reserves the right to perform,or cause to be performed,all such notice,the vendor shall not incur any additional costs under or any of the work and services herein described in the manner this contract. The County shall be liable only for reasonable costs deemed to represent its best interests. In no case will the County incurred by the vendor prior to notice of termination. The County be liable for billings in excess of the quantity of goods or services shall be the sole judge of"reasonable costs." actually provided under this contract. 3.26 TERMINATION DUE TO UNAVAILABILITY OF 3.18 CONTINUATION OF WORK CONTINUING FUNDING Any work that commences prior to,and will extend,beyond the When funds are not appropriated or otherwise made available to expiration date of the current contract period shall, unless support continuation of performance in a current or subsequent terminated by mutual written agreement between the County and fiscal year,the contract shall be cancelled and the vendor shall be the vendor,continue until completion without change to the then reimbursed for the reasonable value of any non-recurring costs current prices,terms and conditions. incurred amortized in the price of the supplies or services/tasks 3.19 LAWS,RULES,REGULATIONS AND LICENSES delivered under the contract. The vendor shall comply with all federal,state,and local laws and 3.27 TERMINATION FOR DEFAULT regulations applicable to provision of the goods and/or services The County reserves the right to terminate this contract,in part or specified in this solicitation. During the term of the contract the in whole, or effect other appropriate remedy in the event the vendor assures that it is in compliance with Title VII of the 1964 vendor fails to perform in accordance with the terms and Civil Rights Act,as amended,and the Florida Civil Rights Act of conditions stated herein. The County further reserves the right to 1992,in that the vendor does not on the grounds of race,color, suspend or debar the vendor in accordance with the County national origin, religion, sex, age, disability or marital status, ordinances,resolutions and/or administrative orders. The vendor discrimination in any form or manner against the end/or employees will be notified by letter of the County's intent to terminate. In the or applicants for employment.The vendor understands that any event of termination for default, the County may procure the contract is conditioned upon the veracity of this statement required goods and/or services from any source and use any 3.20 SUBCONTRACTING method deemed in its best interest. All re-procurement cost shall Unless otherwise stipulated herein, the vendor shall not be borne by the vendor. subcontract any portion of the work without the prior written 3.28 FRAUD AND MISREPRESENTATION consent of the County. Subcontracting without the prior consent of Any individual,corporation or other entity that attempts to meet its the County may result in termination of the contract for default. contractual obligations through fraud, misrepresentation or 3.21 ASSIGNMENT material misstatement,may be debarred for up to five(5)years. The vendor shall not assign or transfer any contract resulting from The County as a further sanction may terminate or cancel any other this solicitation,including any rights,title or interest therein,or its contracts with such individual,corporation or entity with such power to execute such contract to any person, company or vendor held responsible for all direct or indirect costs associated corporation without the prior written consent of the County. This with termination or cancellation,including attorney's fees. provision specifically includes any acquisition or hostile takeover 3.29 RIGHT TO AUDIT of the awarded vendor. Failure to comply in this regards may The County reserves the right to require the vendor to submit to an result in termination of the contract for default. audit by any auditor of the County's choosing. The Contractor 3.22 RESPONSIBILITY AS EMPLOYER shall provide access to all of its records,which relate directly or The employee(s)of the vendor shall be considered at all times its indirectly to this Agreement at its place of business during regular employee(s),and not an employee(s)or agent(s)of the County, business hours. The vendor shall retain all records pertaining to The contractor shall provide employee(s)capable of performing this Agreement and upon request make them available to the the work as required. The County may require the contractor to County for a minimum of three(3)years,or as required by Florida remove any employee it deems unacceptable. All employees of law,whichever is longer,following expiration of the Agreement the contractor may be required to wear appropriate identification. The vendor agrees to provide such assistance as may be necessary 3.23 INDEMNIFICATION to facilitate the review or audit by the County to ensure compliance To the extent permitted by law,the vendor shall indemnify and with applicable accounting and financial standards. Additionally, hold harmless the County and its officers,employees,agents and CONTRACTOR agrees to include the requirements of this instrumentalities from any and all liability, losses or damages, provision in all contracts with subcontractors and material 15 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number: 14-0624 suppliers in connection with the work performed hereunder.If an the contract no change in subcontractors will be made without the audit inspection or examination pursuant to this section discloses consent of the County. The vendor shall be responsible for all overpricing or overcharges of any nature by the CONTRACTOR insurance,permits, licenses,and related matters for any and all to the COUNTY in excess of one percent(1%)of the total contract subcontractors. Even if the subcontractor is self-insured, the billings,in addition to making adjustments for the overcharges,the County may require the contractor to provide any insurance reasonable actual cost of the COUNTY's audit shall be reimbursed certificates required by the work to be performed. to the COUNTY by the CONTRACTOR. Any adjustments and/or 3.34 FORCE MAJEURE payments which must be made as a result of any such audit or The parties will exercise every reasonable effort to meet their inspection of the CONTRACTOR'S invoices and/or records shall respective obligations hereunder,but shall not be liable for delays be made within a reasonable amount of time,but in no event shall resulting from force majeure or other causes beyond their the time exceed ninety (90) days, from presentation of the reasonable control,including,but not limited to,compliance with COUNTY's audit findings to the CONTRACTOR. revisions to Government law or regulation,acts of nature,acts or 3.30 PUBLIC RECORDS/COPYRIGHTS omissions of the other party,fires,strikes,national disasters,wars, Pursuant to Section 119.0701, Florida Statutes, the awarded riots,transportation problems and/or any other cause whatsoever contractor shall comply with the Florida Public Records'laws,and beyond the reasonable control of the parties. Any such cause may shall: I. Keep and maintain public records that ordinarily and be cause for appropriate extension of the performance period. necessarily would be required by the County in order to perform 3.35 NO CLAIM FOR DAMAGES the services identified herein.2.Provide the public with access to No claim for damages or any claim other than for an extension of public records on the sante terms and conditions that the County time shall be made or asserted against the County because of any would provide the records and at a cost that does not exceed the delays. No interruption,interference,inefficiency,suspension,or cost provided for by law. 3. Ensure that public records that are delay in the commencement or progress of the Work shall relieve exempt or confidential and exempt from public records disclosure the vendor of duty to perform,or give rise to any right to damages requirements are not disclosed except as authorized by law. 4. or additional compensation from the County. The vendor's sole Meet all requirements for retaining public records and transfer,at remedy shall be the right to seek an extension to the contract time. no cost, to the County all public records in possession of the However,this provision shall not preclude recovery of damages by contractor upon termination of the contract and destroy any the vendor for hindrances or delays due solely to fraud,bad faith, duplicate public records that are exempt or confidential and or active interference on the part of the County. exempt from public records disclosure requirements. All records 3.36 TRUTH IN NEGOTIATION CERTIFICATE stored electronically must be provided to the County in a format For all agreements exceeding $150,000, the firm awarded the that is compatible with the information technology systems of the agreement may be required to execute a truth in negotiation County. Failure to comply with this section shall be deemed a certificate stating that the wage rates and other factual unit costs breach of the contact and enforceable as set forth in Section arc accurate,complete and current,at the time of contracting. 119.0701,Florida Statutes. 3.37 GRANT FUNDING Any copyright derived from this Agreement shall belong to the In the event any part of the contract is to be funded by federal, author.The author and the CONSULTANT shall expressly assign state,or other local agency monies,the vendor hereby agrees to to the COUNTY nonexclusive,royalty free rights to use any and comply with ell requirements of the funding entity applicable to all information provided by the CONSULTANT in any deliverable the use of the monies,including full application of requirements and/or report for the COUNTY'S use which may include involving the use of minority firms,women's business enterprises, publishing in COUNTY documents and distribution as the and labor surplus area firms. Vendors are advised that payments COUNTY deems to be in the COUNTY's best interests. If under the contract may be withheld pending completion and anything included in any deliverable limits the rights of the submission of all required forms and documents required of the COUNTY to use the information, the deliverable shall be vendor pursuant to the grant funding requirements. considered defective and not acceptable and the CONSULTANT will not be eligible for any compensation. 3.31 GOVERNING LAWS The interpretation,effect,and validity of any contract(s)resulting from this solicitation shall be governed by the laws and regulations of the State of Florida,and Lake County,Florida. Venue of any court action shall be in Lake County,Florida. In the event that a suit is brought for the enforcement of any term of the contract,or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non jury trial for the adjudication of such suit. 3.32 STATE REGISTRATION REQUIREMENTS Any corporation submitting a bid in response to this ITB shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607,Florida Statutes. A copy of the registration/application may be required prior to award of a contract. Any partnership submitting a bid in response to this ITB shall have complied with the applicable provisions of Chapter 620,Florida Statutes. For additional information on these requirements,please contact the Florida Secretary of State's Office, Division of Corporations, 800.755.5111(http://wmwv.dos.state.tl.us). 3.33 PRIME CONTRACTOR The vendor awarded the contract shall act as the prime contractor and shall assume full responsibility for successful performance of the contract. The vendor shall be considered the sole point of contact with regard to meeting all requirements of the contract.All subcontractors will be subject to advance review by the County in regards to competency and security concerns. After the award of • 16 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 14-0624 ITB TITLE: As-Needed Preventative Maintenance(Oil Change and Inspection) Services for Lake County Vehicles Under 9000 Lbs.GVWR NOTES: • When purchasing on a direct basis, Lake County is exempt from all taxes (Federal, State, Local). A Tax Exemption Certificate will be furnished upon request for such purchases. However,the vendor will be responsible for payment of taxes on all materials purchased by the vendor for incorporation into the project(see provision 3.8 for further detail). • The vendor shall 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 3 of this solicitation. • Any bid containing a modifying or "escalator" clause not specifically allowed for under the solicitation will not 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. • Vendors are advised to visit our website at httu://www.lakecountvfl.gov and register as a potential vendor. Vendors that have registered on-line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS:Complete Part I or Part II,whichever applies •.Parfh _ The bidder must list below the dates of issue for each addendum received in connection with this ITB: Addendum#1,Dated: f j f it L. �', WJ) Addendum#2,Dated: APDL 17 J.6/V Addendum#3,Dated: Addendum#4,Dated: ❑ No Addendum was received in connection with this ITB. 17 LAKE COUNTY FLORIDA OFFICE OF PROCUREMENT SERVICES PHONE: (352)343-9839 315 WEST MAIN STREET,SUITE 441 FAX: 352)343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO. 1 April 9,2014 ITB 14-0624 As-Needed Preventative Maintenance(Oil Change&Inspection)Services for Lake County Vehicles Under 9000 Lbs.GVWR It Is the vendor's responsibility to ensure their receipt of all addenda, and to clearly acknowledge all addenda within their initial bid or proposal response.Acknowledgement may be confirmed by inclusion of a signed copy of this addendum with the initial bid or proposal response,and/or by completion of the addendum acknowledgement section of the solicitation. Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award. This addendum does not change the date for receipt of bids or proposals. The purpose of this addendum is to address questions received to date. Questions regarding this solicitation are due by April 16,2014. Question 1: The ITB states that all personnel must be either ASE certified or factory trained. Is this a requirement for a simple oil change and inspection? Answer 1: The last sentence of the third paragraph on page 12,Scope of Services,currently states, "The successful bidder(s) shall abide by OSHA requirements and their staff assigned to the County's projects shall be ASE or factory certified." This requirement of the ITB document is hereby amended as follows: The successful bidder(s)shall abide by all OSHA requirements. At least one member of the facility's staff shall be ASE or factory certified.Bidders shall include a copy of their training manual or procedure used to train all employees with the bid along with a copy of the ASE or factory certification(s)of certified personnel. Include these documents immediately following this signed Addendum. Firm Name: ern/ 14FA1 Thraipiift1 BA g('FhaliGA7�vt.-?-mate: +i1.1///i Signature: Ir Title: Y/194.L1 Typed/Printed Name: FLsi f. Lir:•: Tei LAKE COUNTY FLORIDA OFFICE OF PROCUREMENT SERVICES PHONE: (352)343-9839 315 WEST MAIN STREET,SUiTE 441 FAX: 352)343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO.TWO April 17,2014 ITB 14-0624 As-Needed Preventative Maintenance(Oil Change&Inspection)Services for Lake County Vehicles Under 9000 Lbs.GVWR It is the vendor's responsibility to ensure their receipt of all addenda,and to clearly acknowledge all addenda within their initial bid or proposal response.Acknowledgement may be confirmed by Inclusion of a signed copy of this addendum with the initial bid or proposal response,and/or by completion of the addendum acknowledgement section of the solicitation. Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award. This addendum does not change the date for receipt of bids or proposals. Questions regarding this solicitation were due April 16, 2014. The purpose of this addendum is to address questions received. Question 2: Our Risk Department has reviewed the Insurance requirements of this ITB and have requested the following changes: a) General Liability(paragraph 5,page 4)—can this be amended to add the following statement:"which may be composed of any combination of primary Insurance,self-retained limits and/or excess Insurance."? b) Can the paragraph on page 5 regarding specialty insurance coverage that begins,"Professional liability and/or specialty insurance..."be deleted in its entirety? c) Can Garage Liability coverage be deleted,as this type of insurance is covered as part of the General Liability insurance coverage? d) Instead of requiring a minimum thirty days prior written notice of any change,cancellation,or nonrenewal of the provided insurance,can this be changed to state,"should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions."? e) Can the paragraph on page 5 that begins,"If it Is not possible for the Vendor to certify compliance..."be deleted in its entirety? f) Can the last paragraph on page 5 be amended to delete the following: "a waiver of subrogation in favor of the County"and, "and that each evidenced policy includes a Cross Liability or Severability of Interests provision,with no requirement of premium payment by the County"? ADDENDUM NO.TWO Page 2 Answer 2: Responses to each of the items(a-f)above: a) The General Liability paragraph(paragraph 5,page 4)is hereby amended to read: "General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements,with the following minimum limits and coverage,which may be comprised of any combination of primary Insurance,self-retained limits,and/or excess insurance:" b) None of these coverages apply to the services to be provided under this contract;therefore this paragraph (on page 5 of the ITB)Is hereby deleted: alliwal-aggregate-of-$47000:0004 c) Upon further review by the Lake County Risk Management Division,Garage Liability coverage and Garage Keepers coverage are hereby deleted from the insurance requirements of this ITB. The following paragraph on page 5 is hereby deleted: d) The paragraph requiring 30 days'notice(page 5)is hereby amended to read: "Should any of the above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder." e) The paragraph on page 5 concerning compliance shall remain a requirement as stated,with no changes. The paragraph states: "If it is not possible for the Vendor to certify compliance,on the certificate of insurance,with all of the above requirements,then the Vendor is required to provide a copy of the actual policy endorsement(s) providing the required coverage and notification provisions." f) The paragraph on page 5 concerning waiver of subrogation shall remain a requirement as stated,with no changes. The paragraph states: "Certificates of insurance shall evidence a waiver of subrogation in favor of the County,that coverage shall be primary and noncontributory,and that each evidenced policy includes a Cross Liability or Severability of interests provision,with no requirement of premium payment by the County." ADDENDUM NO.TWO Page 3 Question 3: In the Insurance section,on page 5,it states that Garage Keepers insurance Is required. As the scope of work is oil changes and a basic inspection,traditional quick lube facilities would not carry Garage Keepers Insurance as our employees don't drive the vehicles. Any claims would be handled with Liability Insurance or paid directly by the business.. Please advise if this requirement can be removed. Answer 3: This requirement is hereby removed. Please see response to Question 2 c)above. Firm Name: A OA) (;AM--litt' Date: 424_ Signature: e, Title: P iLri / Typed/Printed Name: FLA krinJt) SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number:14-0624 PRICING SECTION 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.There is no estimated quantity,as services will be obtained on an as-needed basis only. Item Item Description UOM Price per Kochi l Preventative maintenance(oil change and inspection) Each $ services as specified for passenger cars and light trucks (<9,000 lbs.GVWR)requiring up to five(5)quarts of At 33 oil. 2 Adder price for each quart of oil required to service the Quart $ vehicle over the five(5)quart quantity stated in item 1 alb above. By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requirements(as an entity)to do business with the County. • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. • The bidder hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s)and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If Lake County awarded you the proposed contract, would you sell under the same terms and conditions,for the same price,to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it. f Yes ❑ No(Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive perf ming equivalent duties, of the bidding entity been convicted of a felony during the past ten(10)years? 0 Yes No(Check one) Reciprocal Vendor Preference: Vendors are advised the County has established,under Lake County Code,Chapter 2,Article VII,Sections 2-221 and 2-222;a process under which a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County.The following information is needed to support application of the Code: 1.Primary business location of the responding vendor(city/state): 53'/ pAp J1 7 ,'i') 2. Does the responding vendor maintain a si ificant physical location in Lake County at which employees are located and usiness is regularly transacted: Yes No If"yes" is ch eked r$vide supporting detail: AC,Htl✓ 6004— —MC y S , re, //u1Y�0 (L EZ 1 / /L i Y7 II PP g I Conflict of Interest Disclosure Certification Except as listed below,no employee,officer,or agent of the firm has any conflicts of interest,real or apparent,due to ownership,other clients,contracts,or interests associated with this project; and,this bid is made without prior understanding,agreement, or connection with any corporation,firm,or person submitting a proposal for the same services,and is in all respects fair and without collusion or fraud. DUNS Number(Insert if this action involves a federal funded project): 18 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number:14-0624 GenerallVendorInformation and Bid palSignature, - Firm Name: -Ci iirioN') F"M.fWJft,S aPA 4r7.76A)IGA7Q't— Street Address: ,f`1/ n kid f b C f pm b1)1 r _3`17(1 Mailing Address(if different): 33 3 7/jwj' (/IAO OLLSA/°D F L 4.2„4-11 Telephone No.: 3s'„L. 3 f)1- Y-0`7 Fax No.: 3(1.3N'ea?J---E-mail: G Idt-VA MR/)Q 1/1/-101).c ft1 • FEIN No. „(f - v/JJs Prompt Payment Terms: /'J % days, net Signature: li(/� Date: 4/1/ / Print Name: f,(/-',0 �)VIMI Title: e Ihry. 1 Award ofContract by the County:(Official Use Only) By signature below,the County confirms award to the above-identified vendor under the above identified solicitation. A separate purchase order will be generated by the County to support the contract. Vendor awarded as: ❑ Sole vendor 0 Pre-qualified pool vendor based on price ❑ Pre-qualified pool vendor(spot bid) 0 Primary vendor for items: ❑Secondary vendor for items: []Other status: AL-, &wk.- Signature of authorized County official: Ult.)LU A.,,-- _ Date: c-2 5-2.01 4 Printed name: toi-Na C-, Jtu.i-tS Title: SE/41 - Q.u")7"C77xiC, OfFIC1-r- 19