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Contract 2018-04 AGREEMENT FOR FIRE EQUIPMENT PARTS, SUPPLIES AND SERVICE THIS AGREEMENT, is made and entered into this 9 day of JO n UQ c 201 , 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 TECHNICALRESCUE.COM, INC., whose address is: 4973SW 105 Way, Cooper City, FL 33328 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the Lake County B.C.C. through the public procurement process awarded an Agreement for fire equipment parts, supplies and service, Lake County B.C.C. contract number 17-0606K; 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 17-0606K. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I— SCOPE OF WORK The CONTRACTOR shall provide fire equipment parts, supplies and service as described in the Lake County B.C.0 contract number 17-0606K, which is attached hereto and incorporated herein as Exhibit"A"and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall 0 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 June 30, 2018, unless terminated or renewed as provided by the Lake County B.C.C. 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 four (4) additional one(1) year terms. ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide fire equipment parts, supplies and service 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 the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis 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 Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont,Lake County,Florida,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 ARTICLE VII— INSURANCE AND INDEMNIFICATION RIDER I. 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. Employers Liability insurance with the following minimum limits and coverage: (a) Each Accident, $100,00 (b) Disease-Each Employee, $100,00 (c) Disease-Policy Limit, $500,00 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 ($500,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit, $100,000 (b) Fire Damage, $50,000 (c) Medical Expense, $5,000 (b) Automobile Liability Coverages, $300,000 Each Combined Single Limit Bodily Injury(per person), $100,000 Bodily Injury(per accident), $300,000 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 3 (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, disease or death,or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers'or workmen's compensation acts,disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE 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: TechnicalRescue.com, Inc. 4973 SW 105 Way Cooper City, FL 33328 Attn: Walter James Knapp, CEO/President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 4 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision,or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the 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. 5 I (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X—AGREEMENT DOCUMENTS The Agreement Documents,as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in Lake County B.C.C. Contract/Bid No. 17-0606K. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this Ct day of i ,2018. 6 City of Cle III ont I—/ /00•00i Gail L. Ash, Ma Attest: •, , Tracy Ackroyd H i we, City Clerk TechnicalResc e.com, Inc. By: 41-icN 32k who (Name Printed or Typed) 1i1� nL � / -/��"C��7Jf Ct)i1 Title��JJ Attest: Corporate Secretary (Name Printed or Typed) 7 EXHIBIT A LAKE COUNTY I LOR I DA CONTRACT NO. 17-0606K Fire Equipment Parts—Supplies-Service 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 Technical Rescue.com Inc.(hereinafter"Contractor")to supply fire equipment parts,supplies, and services to the County pursuant to County Bid number 17-0606 (hereinafter"Bid"),addenda nos. 1 and 2,opening date 12/13/2016 and Contractor's Bid response thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. 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—an acceptable insurance certificate(in accordance with Section 1.8 of Bid)must be received and approved by County Risk Management prior to any purchase transactions against the contract. 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 July 1,2017 through June 30, 2018 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty(30)day written notice for the convenience of the County. This Contract provides for four(4)one year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Manager. LAKE COUNTY, FLORIDA By: ` Senior ontracting Officer Date: 3" 2-1 -7-01-1 I Distribution: Original-Bid File • Copy-Contractor 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 (4:1"1111,•-A\ LAKE COUNTY FLORIDA INVITATION TO BM (ITB) FIRE EQUIPMENT - PARTS-SUPPLIES - SERVICE ITB Number: 17-1)606 Contracting Offkcr: I).Villins Bid Due Date: December 13,2016 Pre-Bid Conf.Date: Not Applicable Bid Due Time: 3:00 p.m. ITB Issue Date: October 24,2016 TABLE OF CONTENTS SECTION I: Special'1'eons and Conditions 2 SECTION 2: Statement of Work 14 SECTION 3: General Terms and Conditions 16 SECTION 4: Pricing/Certifications/Signatures 20 SECTION 5: Attachments - 23 SPECIFIC SOLICITATION REQUIREMENTS ARE AS NOTED BELOW: Proposal and/or Pcrfi,nnance Bond: Nut applicable to this 1113 Certificate of Compcknny/License: Not applicable to this ITB Indcmnifcatioollnsurancc: Section Lit I'm-Bid Conference/Walk-flint: Not applicable to this 1113 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 porfortnanee 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 nit want to respond to this solicitation at this time,or,would like to he 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. I VENDOR WEIN'1'IFJCAT1ON Company Name: TechnicalRescue,com, Inc. Panne Number: 954-818-7121 E-mail Address: Sales @technicalrescue,Qom Contact Person: Walter James Knapp 1 0 SECTION I — SPECIAL TERMS AND CONDI'T'IONS 1113 Number: 17-0606 Section 1.1: Purpose The purpose of this solicitation is to establish multiple term and supply contracts for the purchase of various brands of parts, supplies, equipment,and services used by the County on an as needed basis in conjunction with its public safety needs. This is an indefinite quantity contract with no guarantee goods or 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(ITB). Section 1.2: Designated Procurement Representative Questions concerning any portitm of this solicitation shall be directed in writing fax and c-mail accepted] to the below named individual who shall be the official point of contact for this solicitation. To ensure reply,questions should be submitted no later than seven(7) working days before the bid due date. Donna Villinis, CPPB, Senior Contracting Officer Lake County HCC 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: dvill n s(ailakccountyll.go, 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 The County intends to award multiple contracts under this solicitation to maximize coverage for the variety of brands it purchases for its operations. It is anticipated that multiple vendors may be awarded for the same brand. in this case, the County may request quotes from vendors under contract for the same brand if discounts are equal or if stocking issues are concerns. As the best interests of the County may require, the County reserves the right to reject any and all offers or to waive any minor irregularity or technicality in bids received. 2 SECTiON I — SPECIAL'FERMIS AND CONDITIONS ITB Number: 17-0606 Section 1.4: Pre-Bid Conference 1 Site Visits 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 Hoard 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 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 pricing 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 l'he County shall have the option to renew this contract for four (4) additional one (1) year period(s). Prior to the completion of each exercised term of this contract, the vendor shall he notified in writing of the County's intent to renew. It is the vendor's responsibility to request any pricing adjustment in writing under this provision at the time of renewal. The vendor's written request for adjustment should be submitted at least thirty (30) calendar days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase (with copies of manufacturer's invoices, notices of price increases, etc.), 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 hest interest of the County. Section 1.7: Method of Payment Invoices shall be sent to the County user department(s) that requested the items through a purchase order. The date of the invoice shall not exceed thirty (30) calendar days from the delivery of the goods or services. Under no circumstances shall the invoice be submitted to the County in advance of the delivery and acceptance of the items. In addition to the general invoice requirements stated below, the invoice shall reference, or include a copy ol; the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County user department at the time the items were delivered and accepted. 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 3 SECTION 1 — SPECIAL TERMS AND CONDITIONS 1 i'13 Ntrsnber: 17-G60( County representative. Failure to submit invoices in the prescribed maturer 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, fart VH, Chapter 218,Florida Statutes. Section 1.8: Insurance Each vendor shalt 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 live (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 Stale 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 tern 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 S500,000 I Products-Completed Operations $500,000 Personal&Adv. Injury 5500,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including all owned, non-owned, scheduled and hired autos with the following minimum limits and coverage: Combined Single Limit $300,000 on Bodily Injury(per person) $100,000 Bodily Injury(per accident) $300,000 4 a SECTION 1 — SPECIAL TERMS ANI)CONDITIONS ITR Number: 17-O606 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 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 hc 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 Luke County, a Political. Subdivision of the State of Florida, and the Board of County Commissioners, shall he 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 speci tic 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 requited coverage and noti lication 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 he: LAKE COUNTY, A POLITICAL SIJBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS P.O.BOX 7800 'I'AVAItF•S,FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall he 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. The Vendor shall be responsible for subcontractors and their insurance. Subcontractors arc to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements_ 5 SECTION 1 — SPECIAL TERMS AND CONDITIONS 1111 Number: t 7.fl( All self-insured retentioms 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 pncure a bond guaranteeing payment of losses and related claims expenses. The County shall he 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 subcontractor 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 Subcontractors) of full responsibility for liability, damages, and accidents as set forth herein. Section 1.9: Bonding Requirements Not applicable to this solicitation. Section 1.1{}: Delivery The vendor shall make deliveries within ten (10) calendar days after the date of the order. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s), except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor. In these cases,the vendor shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County. Delivery of emergency orders shall be within forty-eight(48)hours. No stock deliveries will be accepted an Saturdays, Sundays, or County holidays. The ordering department will advise vendor if the order is an emergency when placed. Should the vendor(s) to whom the contract(s) is awarded fail to deliver the required goods or services under a specific order in the number of days stated above,the County reserves the right to cancel the specific order under the contract on a default basis after any hack order period that has been speci lied in this contract has lapsed. if the specific order is so terminated, it is hereby understood and agreed that the County has the authority to purchase the goods elsewhere and to charge the incumbent vendor with any re-procurement costs. TI'the vendor fails to honor these re-procurement costs,the County may terminate the contract in its entirety for default. Certain County employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. lithe vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization. 6 SECTION I — SPECIAL TERMS AN))CONDITIONS - ITH Number: 17-Of Ofi Section 1.10.1: Shipping Terms, 1?.O.13.Destination-Inside Delivery The F.O.B. point for any product ordered as a result of this solicitation shall be F.O.B.; DESTINATION —INSIDE DELIVERY. The title for each item will pass from the contractor to the County only after the County receives AND accepts each item. Delivery will not he complete until the County has accepted each item. Delivery to a common carrier shall not constitute delivery to the County. Any transportation dispute shall be between the contractor and the carrier, The County will not consider any bid or proposal showing a F.O.H. point other than F,O.H.: Destination Inside Delivery. Section 1.10.2: Back Orders if the vendor cannot deliver an ordered item in accordance with the scheduled delivery date due to a current existing backorder of that iters, with the vendor's manufacturer or distributor; the vendor shall insure that such back orders arc tilled within ten (10) calendar days from the initial scheduled delivery date for the item. The vendor shall not invoice the County for back ordered items until such hack orders are delivered and accepted by the County's authorized representative. It is understood and agreed that the County may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the incumbent vendor under this contract for any directly associated re-procurement costs. If the vendor fails to honor these re-procurement costs, the County may terminate the contract for default. Section 1.11: Acceptance of Goods or Services The product(s) delivered as a result (Ilan award from this solicitation shall remain the property of the contractor, and services rendered under the contract will not be deemed complete, until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the County and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased as a result of this solicitation and/or contract may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is lhund to he 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, to include return of any non-compliant goods to the vendor at the vendor's expense,requiring the vendor to either provide a direct replacement for the item, or a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause. The County will not he responsible to pay for any product or service that does not conform to the contract specifications. In addition, any defective product or scivicc 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 he charged against the awarded contractor. Any cost incurred by the County in any re-procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County for any contract or financial obligation. 7 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: I7-0606 Section 1.11.1: Deficiencies to be corrected by the Vendor The vendor shall promptly correct all apparent and latent deficiencies und/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 ten (10) 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 all costs of correcting such rejected work. if the vendor fails to correct the work within the 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 arc not completed to the satisfaction of the County within ten(10) calendar days of receipt of the notice. Tithe 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 product and/or service furnished as a result of an award 1kom this solicitation shall be covered by the most favorable commercial warranty the vendor gives to any customer for comparable quantities of products and/or services and the rights and remedies provided herein are in addition to said warranty and do not limit any right afforded to the County by any other provision of this solicitation. The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and lit 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, DHL, private courier, etc.) will he 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 ofProcurement Services. To be considered for award, a hid or proposal must he 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. The exterior of each envelopc/package shall he clearly marked with the bidder's name and address,and the solicitation number and title. Ensure that your bid or proposal is securely sealed 8 SECTION 1 - SPECIAL TERMS AND CONDITIONS ITR Number: l7-0606 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 4Tl T 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,EL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such us FedEx, UPS, or a private courier,please send it to: LAK F.COUNTY PROCUREMENT SEI3.V ICES MAiL RECEIVING CEN'U-!:R. 32400 COUNTY ROAD 473 LEESBURG,FL 34788 Facsimile(fax)or electronic submissions(e-mail) will not be accepted. Section 1.14: Completion Requirements for Bids The bid submittal shall consist of this entire ITB document, with required sections completed by the vendor. Ensure that you sign the bid in the certification box in Section 4. One (1) signed original, two (2) complete hardcopies, and one electronic copy (jump drive/CD) of the bid 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 hid, you are making a binding oiler to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the form(s) provided iii this document. If you make any change to the content or tin-mat of any form, the County may disqualify your ofl'cr. 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 authpriuyel to legally bind the Bidder to its provisions. 9 Sli CTION I — SPECIAL TERMS AND CONDITIONS iTB Number: 17-0606 • COMPJ.t;T1ON 0F'BID PACKAGE: The vendor shall complete all required entries in Section 4 of the bid farm such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation. The vendor shall also submit any supporting documents (to include proof of insurability and provision of bid bonds us required), samples, and/or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope t package marked "Literature for Bid 17-4&O6," Do not indicate bid prices on literature, Specific Completion Directions: • The bid submittal shall consist of this entire ri'J3 document, with required sections completed by the vendor. > Complete the requested information at the bottom of the.111-i cover page (page 1). > Pricing shall be completed as directed within Section 4. > Initial and date in BLUE INK the appropriate spacc(s) in Section 4 for each addendum (if any) issued for this ITB. > Insert any prompt payment discount that you will offer. Note payment terms are NRT 30 DAYS otherwise. • Complete the reference form (include at least three roibrenees) contained within the solicitation as Attachment I. • Complete all certifications, vendor inlbrmation, and ensure that you sign the bid (in BLUE ink) in the certification box > Provide proof of insurance in compliance with the stated requirements in section 1.R by submitting either a certificate ofinsurance or evidence of insurability. Section 1.15: Availability of Contract to Other County Departments Although this solicitation is specific to one or more County Departments, 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 vendon(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 1.161 Business Hours of Operations Deliveries shall be made during regular business hours (Monday through Friday, &OI) a.m. to 5:00 p.m.) No deliveries or work (if vendors provides equipment service) shall be performed after regular business hours or on Saturdays, Sundays, or County holidays except when necessary in an emergency situation, for the proper care and protection of the work already perfi)nned, and/or when permission to do such work is secured fi-om the County Department representative. No overtime work shall be started without prior approval of the immediate project manager or his/her designated representative. to SECTION 1 — SPECIAL TERMS AND CONDITIONS [LB Number: 17-06O6 Section 1.17: Catalogs/Price Lists The vendor shall provide its website address on page 21 of Section 4 where product catalogs and price lists arc available for viewing and/or downloading. With the bid submittal,the vendor shall include a Cl) or thumb drive of the current catalogs and manufacturer's price lists for the brands quoted. Failure to meet this requirement may result in the offer being rejected. Upon request, the vendor shall provide hardcopics of the manufacturer's product catalogs and price lists at no additioial cost to the County. Section 1.15: 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 (NIOSII), and the National Fire Protection Association (NEPA). Section 1.19: Hourly Rates The hourly rate quoted shall he deemed to provide full compensation to the vendor for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at sttuight-time for all labor, except as otherwise noted. The vendor shall comply with miniimum wage standards, and/or any other wage standards specifically set forth in this solicitation and resultant contract, and any other applicable laws of the State of Florida. if overtime is allowable under this contract, it will be covered under a separate item in the special clauses Section 1.20: Labor,Materials,and Equipment Shall be Supplied by the Vendor Unless ottteiwisc stated in this solicitation, for service to be performed, the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, 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's Project Manager. Section 1.21: Purchase of Other Brands Although this solicitation and resultant contract identities specific brands, itis hereby understood and agreed that additional brand(s) may be added to this contract at the option of the County, Under these circumstances, a County representative wilt contact vendor(s) to obtain a quote for the additional brand(s). If the discount proposed by the vendor for the additional brand(s) is considered to he fair and reasonable, then the brand(s) would be added to the contract through the issuance of a modification to the contract. The incumbent vendor(s)has/have no exclusive right to provide these additional brand(s). The County reserves the light to award additional brand(s) to the lowest priced contract vendor, to multiple contact vendors, or to acquire the items through a separate solicitation if it determines 11 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-{)606 the price discount offered is not fair or reasonable or for other reasons at the County's sole discretion. Section 1.22: Rebates and Special Promotions All rebates and special promotions offered by a manufacturer during the term of the contract shall he passed on by the vendor(s) to the County. It shall he the responsibility of the vendor to notify the County of such rebates andtor special promotions during the contract period. Special promotions shall be offered by the vendor(s) to the County provided that the new price charged for the item(%) is lower than would otherwise be available through the contract. It is understood that these special promotions may be. of a limited duration. At the end of such promotion, the standard contract price shall prevail. Section L23: Repair and Parts Manuals to be Provided The vendor shall supply the County with a minimum of one (1) comprehensive repair and parts manual which identify the component parts, and which describe the appropriate process for repairing the equipment purchased by the County in conjunction with this solicitation. The manuals shall he supplied prior to, or upon, delivery of the equipment. Final payment shall he withheld until such time as these manuals are received by the County. Section 1.24: 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 delivery 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 fi-om any and all claims, liability; losses and causes of action which may arise out of the fulfillment of this contract, The vendor 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 1.25: Safety The vendor shall he responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and for complying with all requirements of the Occupational Safety and Health Administration Act (OSTIA). The vendor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to persons or property. "I'he vendor shall provide all standard equipment, work operations, safety equipment, personal protective equipment,and lighting required or mandated by State,Federal,OSTIA., or Americans with Disabilities Act of 1990(ADA)regulations. 12 SECTION 1 — SPECIAL TERMS AND CONDITIONS LTB Number: 17-0606 The vendor shall designate a competent person of its organization whose duty shall he the prevention of accidents at this site. This person shall be literate and able to communicate fully in the English language because of the necessity to read job instructions and signs, as well as the need for conversing with management personnel. This person shall he the vendor's superintendent unless otherwise designated in writing by the vendor to the Contract Manager. Section 1.26: Special Notice to Vendors Regarding Federal and/or State Rcquirc rrents l.3pon award of a contract resulting from this solicitation, the vendor shall utilize the U.S, Department of Homeland Security's L-Verify system in accordance with the terms governing use of the sy:stern 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 1.27: Training When applicable, the vendor shall supply the County with a minimum of one (1) comprehensive training manual which describes the appropriate use of the equipment purchased by the County in conjunction with this solicitation_ The mantual(s) shall he included with the equipment upon delivery. Final payment shall be withheld until such time us these manuals are received by the County. Upon request, the vendor shall provide an intensive training progratn to County employees regarding the use of the products or services supplied by the vendor in conjunction with this solicitation. This training shall be no additional charge to the County. The vendor shall bear all costs of registration fees and manuals and texts, or other instructional materials associated with the required training. Section 1.28: Wage Rates 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 enfi)reed by the U,S. Department of /.Labor, Wages and flours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (1)of the Florida Constitution and enforced by the F fotida Legislature by statute or the state Agency For Workforce Innovation by mule, whichever is higher. 4 li 13 SECTION 2 — STATEMENT OF WORK iTR Number: 17-0606 SCOPE OF SERVICES General Requirements it is the intent of the County to establish multiple contracts for its annual requirements for fire equipment, parts, supplies, and/or services for the County's Public Safety Department, Fire Rescue Division, and the County's Fleet Management Division. The vendor hereby acknowledges and agrees that ail parts and/or materials supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and lit for a particular purpose unless recycled, used, or remanufactured goods are specifically requested or approved at the time the order is placed. Emergency/Disaster deliveries may be required during non-business hours. Vendors shall submit a contact person's name and telephone number where requested in the Pricing Section for emergency orders. It is the vendor's responsibility to ensure that the County has received the latest version of any MSOS required by 29 CFR 1910.1200 with the first shipment of any hazardous material. Also, at any time the content of an MSDS is revised, the vendor shall promptly provide a new MSDS to the County with the new information relevant to the specific material. The vendor shall be required to furnish price lists on jump drive or CD upon request from the Public Safety Department or Fleet Management Division at no charge. This price list shall provide descriptive literature,technical data and service information for items awarded. Time of delivery for these lists shall be mutually agreed upon by the vendor and the County representative. Repair Services Unless otherwise stated in this solicitation, the vendor shall furnish all labor, material raid equipment necessary for satisfactory contract performance. When not speciiically identified in the technical specifications, such itoaterials and equipment shall be of a suitable type and grade for the purpose. The vendor(s) shall possess all special hand tools and special equipment recommended by the equipment and part rnanufacturer(s) to effectively and efficiently make repairs, The vendor(s) shall abide by OSHA requirements and the staff assigned to the County's projects shall be ASE or factory certified. All material, workmanship, and equipment shall be subject to the inspection and approval of the Public Safety Department. Vendor(s) shall he required to submit a written estimate for each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect the regular hourly wages for each classification represented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number-of work hours per classification, and by the cost of materials and equipment. Lump sum estimates will not be accepted. If multiple vendors are available to quote an estimate for the specific work, the County reserves the right to award the project based on the lowest written estimate, or to reject all estimates when such action is determined to be in the best interests of the County, and obtain the required services from another source of supply. 'l4 SECTION 2 — STATEMENT OF WORK 1'113 Number: !7-6606 Upon approval of the estimate, the County's authorized representative shall generate and issue a Work Order for the specific repair project. The Work Order shall include the scope of work to be completed. For purposes of identification and payment. the Work Order shun be numbered and dated. The vendor's name shall then be entered on the Work Order and that order will then he issued to the vendor. The Work Order shall also direct the vendor to commence work on a certain day and it shall specify the amount of time allotted for completion of work covered by the Work Order. All work covered by a Work Order shall constitute a Contract Schedule. Delivery Locutions Fire Rescue Vehicle Maintenance/Fleet Division 25028.Kirkwood Avenue Asttttula, FL 34705 Department of Public Safety Fire Sint ion No. 20 37711 SR 19 Umatilla,FL 32784 Department of Public Safety 315 W Main St Suite 411 'Tavares,FL 32778 County Fleet Management Division 20423 independence Boulevard Oroveland, FL 34736 15 - - i SECTION 3-GENERAL TERMS AND CONDITIONS 1113 Number: 17-060( 3.1 1)I.:F'IN1'TIONS may issue an addendum in rc):punxe lit:thy inquiry received,prior Addenda:A wrilltar change 10 a solicitation. to bid opening. which changes, adds to, or clarifies the terms, Bid:Shall roterto any nffcc(x)subaolted in fespnnse to this ll 13. provisions,or requirements uf the solicitation, The bidder should Bidder: Refers to Any entity that submitted a bid under an ITR. nut rely uut am statement or caplunuliuu whether written or verbal, Contract: The soseemcnf to perform the services stet forth in this nther than those made in this solicitation document to in any solicitation. The =matt will be cutaprised of the snlicitatkm addenda issued, Where there appears lu be a cOntlict between thk dncumcnt signed by both patties with any addenda and other solicalutitni And any addenda, the last addends= issued shall attachments specifically inuurpurated, prevait, It is the bidder's rrsponaibiltty to ensure receipt and to Con tractor; The vendor to which uwatd hos been made. acknowledge all addenda and any uccumpanying documentation. County: Shull refer to Lake County,Florida. Failure to acknowledge each addendum may prevent the bid bona Invitation to Rtd(1711): Shalt mean this solicitation document, being considered for award including any and All addenda. An Ulf =Mains wel(•dcfinorf IL Contents of Soileftnffon anti Kidders'itexpunsibittic6 leafs,Conditions,and specifications,and is awarded lu the htwett It is the responsibility of the bidder to become thnruu ihly f uctili:1r priced rim-gown Fe and responsible bidder. with lite requirements,taints, and out of this solicitation. Modification: A written dotage to a contract. Muted unawareness of contractual terms and conditions will not be R.eapotnthlei Refers to a bidder that has the capacity :uta accepted as it basis fur varying the lvquirements of the Cnunty or capability lu perform the work required under an invitation to Rid, the tmruuta to be paid to the vendor. And ir,otherwise eligilde for award E. Resdicled Diss aestiOus Responsive: Raters to a bidder that has taken nn exer'pliun or From the date of issuance of this solicitation until final C:nunty deviation from lbs terms,.onditinns,and apccificutioo in an]TR_ action, venders should not diactaac the )witeitalioo with any Solicitation: Thu written document re-gowning either bids or employee,agent,or any Miter repieseittativc of the County except rmrpuaala from(bo marketplace. as autboihetd by the designated prucuxement cepieserdalhve The Vendor; A general reference to any entity responding to this nnty communiustiions that shall be considered po'tincrti to this sulieifatlou Or per-Miming under stay resulting contract. solicitation arc written documents fa=the vendor addressed to the deaigiwled prucutemcnt representative and relevant documents The County has established thin the wards "shall", "must", or promulgated by the design tted procutement representative. "will" are equivalent within this ITB and indicate a mandatory V. Change to,Withdrawal nt,or Mistake in,Bid requirement whit:it abaft not be waived by the Cuunty. Chances lu_)3id-Print to bid opening,it bidder muy change its bid 3.2 INSTRUCTIONS•IY)illl)l)LRS by submitting a new hid with nonce on the tiro's letterhead, 4. Bidder Qualification sighed by au authorised agent, slating 'but Lite new submittal ft is the puliey of the County to cncnunsbe full and open replaces the original subiniltitl. The new submittal shall contain all competition among all available qualified vendors. All vendum i:ttfoltualion as required tar submitting the original bid, regularly engaged Ut lilt type ref work specified in the solicitation Withdrawal uf Bid-A Nd'nay he withdrawn;either physically or arc encouraged to submit bids. To tee recommended for award the by written notice, at coy lithe prior to the hid mac date. If Cutmty requires that vendcmc provide evidence of compliance with withdrawn by wtilten notice,that node meal be addressed to,and the requirements below upon re ue%t; received by,the de sigua(ed procwenncnt representative prior to Lim 1. JlisclosurcofEmployrrten l bid due data and time. A bid unity also be withdrawn atter 2. Disclosure of Ownership expiration of the specified bid acceptance period, and prior to 3, dons-Free Wbrkpluce award, by tuhmitting a leper lu the designated procurement 4. W-9 and 84()9 t-'nrma—The vcudut must furnish these forms repreaeutative, The withdrawal letter must be uu company upon raqua l era required byte internal Ktwtawc Setviee_ letterhead and signed by au uutttoriaed agent of the bidder. 5, Social Security Number The vendor must provide a copy of Mistake in Rid-Any altcgmtiun of songlike in Bid shall be treated the pommy owners NM:1E11 aeCurity card lithe social security on is cute-by-case basis, it is to he assumed that any alicralion in number is bring; used in lieu of the Federal Identification bid price atter receipt of bids will he exceptional in nature,siut will Number(It.ii.l.N.) be allured only when suhatentinicd try current legged precedence, 6. Americans with Diisahi litica Act(A-U.A.) t:. Conflicts within the Solicitation 7, Conflict of Interest Where there amain:to he a conflict between contractual terms and 8. Debarment i)isclosure A(lidavit curdifiu)is,(he technical spcaificatians,the pricing section,or any 9. Nwsdisc ienioation addendum issued,the under of precedence shall be; hast addendum le. Fancily tcaez naso&,ate pr(ciug cctlon,the trcltnicui specifications,the special, 11 Aruilrise IJaws—Hy acoeptunue of ally contact,the vcndnr and then general conditions. It is incumbent upnn the vcndnr to agrees lu cotuply with all applicable antitrust taws. identify such conflicts prior to the bid response date. B. Public Entity Crimea 11. Prompt Payment Telma Pursuant to Section 257.133(2)(a)of Use Florida Statutes,a person It is the policy of the County that payment tier all purchases by ur affiliate who hue burn placed on the convicted vendor Etat County agencies shall he mode in a timely smuttier and that iuleresl following a conviction fora public anti ;crime may not submit a psyntcnls will be made on late payments in accordance with Fart bid nn u t tint W provide any gnexfa or sen'iuw w a puGlic VII,Chapter 21K,FloridaStatutes,known as The Florida Prompt entity.may not submit a hid on a cxmnuct wills a public entity for P the constn)ction or repair ora public building or pul)lie work,may Payment Act, The bidder may offer cash discounts for prosnpl not submit hid:on lcuaes of real property to a public entity,may payments; however, such discounts will not he considered in not he awarded or perform as a Mtaactor,supplier,subcontractor, determining the lowest price during bid evaluation. Bidders are or cuneultaul under a contract with any public entity,and may not requested to provide pruntpt payment terms in the spore provided trunsuc-t business with any public entity w racue5S Ut the threshold on the stgrwturepage of the solicitation. mom)pmvidcd in Section.287.017 of le Florida Sratutrs, for 1.3 PREPARATION OF inns CATF'CIORY 'IVO for tl period of 56 months hnm the date of A l'he Pricing Sex ion of this solicitation dcrines the coots ur being placed on Ilrecrouv'icted vendor list. 1; R C. Request fur Additional Information servicer to he purchased, and roust be completed and Any communication or inquiries,except fins eharificalicm of proures subiwited with the bid, (16.t.,nfany other form or ultcrutiun of fir procedure already oontxinod in the solu:ilalioam,are lobe made in the form may result in the rejeGiunotthe bid, writing to the utleitlioo of limo procurement representative identified B. The bid submitted must be legpisle, and etnplele,) using in the solicitation no later tbau Ere(5)woficieg days prior to the (y7,ewnJcr, computer or ink. .4r))•entry change must be bid due date. Such ingtciries shall contain the reguesta•'s name, crossed nut and initialed in ick. Failure to eumply with litcne address,and telephone nurnbet. The Procurement Services Office requirements miy cause the hid to he rejected. 16 SECTION 3 —GENERA.I.TERMS AND CON.DI`I'TONS tTR Nun)bt,'r: 17-06O6 C. An authorized agent of Rha bidder's firm must si}si the bid, Chapter t 19 of the Florida Statutes(the"I'uhtic Record Act").The frAILVRF, TO SIGN IME Illi/ MAY RENI.IF.R THE bidder should ant seuhmit any information which IJic holder KID NUN-RUSP.ONSjy, considers pruynetaty or confidential. The submission of any A. Tic bidder may be considered non-resin-waive it'bits ate intbmtation in the County ill toruteciion with any rolicituliun Aug conditioned to mortification', change, or revisions to the be deemed conchrsivcly to he a waiter of any protection froni terms end conditions of this snitettatine. rcicnse of the submitted information unless such information is E. The bidder may subnil ollernate hid(K) tin the mune exempt or confidential under the Public Records Act. sslicif:atiuti provided that such offer is allowable under the 3.10 CANCELLATION OCSCN.ICI'I'A'fION Lewis and conditions. The alternate bid must meet or exceed 'ilio County reserves the right to cancel, in whole nr in pun,any (he mininntm regnirements and be bubrnilted es A Qcparaic hid Invitation to Hid when it is in the best izi(eresl of the County. marked"Alternate Bid". 3.11 AWAI1U F, When Ihcrc is a discrepancy between the unit pricer and any A, Unless otherwise alluwed by'blade or ordinance,award will extended prices,the unit pricea will prevail, be made to the lowest priced reanpwisi ve and iesponsiblc G. Any hid received oiler the stipulated hid due date bud time bidder. 'the County reserves the right to reject any and all through no limit of the County will be considered late, and bids,to waive non-materiut irregularities or technicalities and except uruler idle most exceptional circumstances, not be to rr-advertise lot all nr any port of this solicitation as considered fir award. deemed in its best interest, The County shall he the ante it. Unless otherwise spccifirxi in the aulicitation, pricers quoted judge of its best interest. xhnl!be F.O.B.Destination. K. When there are multiple line items in a solieilaiiun, (he 34 COLLUSION Comity rpocrves the right to award on 3.11 individual iron Where two{2) or more related parties, IN defined herein, each basis, any Combination of items, tidal low bid or iu submit a hid for the sane mirtract, or evidence any pries whichever manner deemed in the best interest of the Cnwrty. understanding, sgeccmenl,en txnnne;bou or such regard,such hids Thit provision specifically supersedes any method of award shall he prnswned to be collusive. Related putties shall mean criteria slated in the solicitation when such action is clearly bidder or principals thereof that have a direct or indirect ownership necessary to protect the beat interests ol'the County. merest in another bidder for the same contract or i n which a parent C. The County reserves the right to raj act arty and all bids if 11 is company or the principals thereat'of one bidder have a direct or determined that pricts aro caressive or determined to be indirect ownership interest in another bidder titr the same contract. ttnrcasonahlc, M it is otherwise determined to be in the Bids found to be collusive shall he rejected. Bidders which have lounly's best iateaesE to do so, httn found to have eugaged in coltuai nn may he considered nun- i), The County reserves the right to negotiate prices with the low responsible, and may be suspended or debarred. Any enntmr t bidder,provided that the soiree of wink is awl amended. resulting from collusive bidding may heterminaled fur default. K. Awanl will early be made to firms that satisfy all legal 3.5 PROM IRII'ION ACA!\'ST CONTIIYGRNT PEES requirements to do business with the County. The County The vetldor warrants that they have urn employed or retained any niay coriduct s plc-award inspection of the bidder's silo or ornnpany or person, other hint A mon title employee working conduct a pre-uwurd yuahEcation meeting to determine the solely for the vendor to solicit or secure the contract and that they tesponsibiliry and capacity of the bidder to perform. Award have not paid or agreed to pay any peminu,eutnprny,corporation, may be medic-ailed on compliance with and suhmiUal of all individual,ur Gnu,other than a Imnatide employee working solely required dooeuments ns stipulated in the soliciftition, for the vendor,any consideration contingent upon or resulting from F. The bidder's ircrtitrmanee as prime or subeurttraelor on the award or making of the contract. previous County conliacts .shall be taken into accnunt in 3,6 CONTRACT/NO Wil€I COUNTY EMPLOYEES evacuating the resprnirbility of u respoudiug bidder, Any County employee or member of his or her irrunexiiatc family G. All tie bills will be resolved in consonance with current seeking to cnilrtc(with the County shall seek a conflict of interest wriucn pmccdure in that regard. opinion Tient the(.:aunty Attorney prior to submittal of a response I1. A vendor wishing to protest any award decision resulting from to contract with Elie County. the affoetcd employee shall disclose this solicitation shrill du as provided for in the C'enmty's the employee's assigned function within the County and interest or Purchasing Pmccdurc Manual. the interest of his or her immediate family in the proposed contract 3.12 (IcNER 1L CONTRACT CONDITTOPtS end the mature of the intended enntraet. Tho contract shall he binding upon uuni shall inure to the benelii of 3.7 INCURRED EXPENSES exult of the parties and of their respective xua;c urorR and permitted This solicitation does not commit the County 10 award nor he assi},ms. The corilneci inuy net be amended,released,discharged, incurred guy rescinded or ahsndnnorl, except by a written irrstrunaeul duly responsible for Any cost or expense which may be iucurr bidder in preparing or submitting a bid, or any coot or expense executed by each of the parties hereto. 'the failure of any putty incurred prior to the execution of a purchase order or contract. Fly hereto at any time to enforce any of the provisions of the contract submitting a bid,the bidder also agrees that the Courtly beans nu trill in no wiry cnnstitutc nr he construed us in waiver of such responsibility fur any crusts of the bidder rtsaociated with any provision or of any other provision beret-it nor in any way affect administrative or judicial proceedings resulting from this the validity nf.UT the right lhereafler to enfvete,each and every solicitation process. provision of the contract.Airy dispute arising during the course of 3.13 COUNTY 1S TAX-KXErvIY'1 contract performance that is nut readily r'eelitied by exmordinatinn Whtat purchasing un it direct hens,the Goon ly is generally exempt between the vendor and the County user department shall be front Pectcrxl 1-:xcise'faxes and all Slate of Florida sates and ocsc referred(u Procuretaen t Services office for rcrolntinn. tuxes. The County will pmvidc an exemption cerlifcale upon 3.)3 OTHER At:RNciI o request by the smiler fox such purchases Except for item(s) Will) the consent of the vendor, other agencies muy make specifically identified by the vendor uud accepted by the('ottnty purchases in utounlauce with the contract. Such purchases shall he for direct County parelrtse under the tales Tax Recovery Program, governed by stir same tents and conditions us slated herein with ei ntractnns doing business with the County aro not exempt from the exception of the change in agency name. paying sales las to their suppliers for materials needed 10 fulfill 3,14 CONTRACT EX'T'ENSION ccmtructual ubligatlun>; with the County, nor is any vendor Trite County has the un Patens!option to extend a contract fur up to nslborircd to use the County Tux Exemptions for such purchases. ninety(90)valvular days beyond the Current contract period. In 3.9 PROI'RIIfTARY/CONTIDENTIAI.INl")RM A'CTON welt event,the Cosinty wilt notify the vendors)in writing of such Bidders arc hereby notified that All information submitted as pert exlensiuru. The contract may be extended beyond the initial of a bid will be RvnilAhlc for public inspection in compliance with ninety (941) deny extension upon mutual agreement between the 17 SEC'ITON 3-GENERAL TERMS AND CON I)I'iiONS TM Number; 17-0606 County and the veudur().Eserine of the above options ie()atles including attorney's fees and costs ofrictbnae which the Courtly or the prior approval of the)'ru:urertlent Services Manager. its clime r,crnployom,agents or instrumentalities may incur as a 3.15 WARRANTY result of claiuls,demands, suita,causes of uclioie yr proceedings All warnantics express and implies),shall he made available ler the of any kind or nature arising out of, relating to or reaiulting from County lin goods and Scree:covered by this Solicitation. All the performance of the agreement by the vended err'its employcee, goods furnished rha)l be fully'guaranteed by the vendor against a);enls,servutils,partners,prineipaIR(n xubormtracicas. The vendor factory detects and workmanship. Ar.no expense to the Cuuuly, Shall pay all claims sed luasea in connection,therewith, and shalt the vendor shall COLICCI any and nit apparent sad latent detects that investigate and defend all claims,suits or action of:tny kind or may occur within die nuulufaer irrr's standard wutraotq period, nature in the name of the County, where applicable, including The special comriirtona of Ilse solicitation may sup-merle the appellate proccndinger, end shall pay all Costs, judgments, and manufacturer's standard warranty. attorney's Cees wllidt fluty be incurred thcvnun. The vritdor 3.16 ESTiMA' F,1)() iANTP1IES expressly imderstends and agrees that any insurance protection Isticrwled quantities or dollars arc fur bidder's guidance only. No required by this Agreement or otherwise provided by tits vendor guarantee is expressed or implied as to quantities or dollar value shall in no way)inlil the responsibility to indemnify,keep and save (Iwt will be nand during the contract period. The County is not harmless and defend the County or its officers, OmploycCs,agents ohligeled to place any order tin a given amuum subsequent to the and nlslruweutatirics as herein provided. award of this aaliciLeticn. The County may me estimated 3,2d MODIFICATION OF CONTRACT quantilice in the award evaluation process.Estimated tpuantitica do Any oon1ract resulting from this solicitation may be modified by not contemplate or include passible additional quantities that may mutual connseol of duly authorized parties,in waling thn,ug]t the be ordered by other entities that may utilise this contract. In no issuance of a nindilicetiom 10 the cunlracl and/or purchase order as even( shall the County be liable for paytttelals ill exces6 of the appropriate, This presumes the mndificatiort itself is in Compliance amount due for quantities of goods or services actually unlexed. with all applicable Courtly proco dnrett. 3.1'7 NON-EXCLUSIVITY 3.25 TERMINATION NOR CONVENIENCE It is the intern of the County to enter intu an ugreernenl that will the County, al its sole discretion,reserves the rush( to lcrtwtule salisty its needs as described within this solicitntitm. however,the this eontnect upcm thirty OD)days written notice. Upon receipt of ('aunty reserves the right to perform,or cause to be perlormcd,all such notice, the vendor shalt not incur any additional COSI Under or any of the work and services herein described is the manner thin contract. The Cannily shall be liable only for reasonable culls detailed to represent its best interests. In no case will the Courtly incurred by the vendor prior to notice of luminaries), The County he liahle for billings ill excess of the quantity of goods or services s hull be the sale judge of"Jca4nnahic costs." actually provided under this contract- 3.26 TFRM(! A'1'ION DUE TO UNAVAILABILITY OF 3.18 CONTINUATION(1F WORK CONTINUING FUN5MIC Any wort that commences prior to,and will extend,beyond the Whirr, funds are out appropriated or otherwise made available lu expiration dare of the current contact period shall, unless support oontinustinn of perfuxroance in a current or subsequent terminates]by mutual wntlen agrexroranl between the('minty and fiscal y'tor,the Contract shall be cancelled and the vendorshall be the vendor,continue until completion without change to the then rcimhuniod fur the resiutnable value of any non-recurring cads eurren(ptices,lemmaand conditions. incuired amortived in the price of the supplies or scrviccsltaskn 3.19 LAWS,RULES,REGULATIONS A71'u LICENSES delivered under lee coarsen. The vendor shall comply with all federal,state,and local laws and 3.27 TCM,RMINAl I<)N FOR DL.2AULT n;guhiliohs applicable in pr vi inn of the goods andlnr services The County reserves the right to terminale this emir-act,in part or specified in this solicitation, ihiring the term of the eunitacl the in whole, or effect oilier appropriate rcrnrrly in the event the vendor IISULCS that it is in compliance isith Title VIt of the 1764 vendor tails fi perform in aaonlance wills the terms and Civil Rights AAA,as amended,and the Florida Civil Rights Act of conditions staled herein. The County further reserves the right lu 1992, in that the vendor dues not on the grounds of race,culur, suspend nr debar the vendor in accordance with the County national urigint, religion, Rex, age, dicubility err nnatit*( stame, ordinances,resolutions anrtror arlminiatratrvu orders. The veridul discrimination in any form or manner against the end/or employees will be notified by letter of the County's intent to terminate. to the or applicants tor employment The vendor understands that any event of tcmtinatinn for default, the Coasnly may proctor: the contract is cowlitioued upon thevaracity of this statement, required goods audlor services front any source and use any 3.20 SURCONTRACl'INC method teemed in its beat interest. All re•ptocurement cord shall Unless Whew/lac atiputakd herein, the vendor shall not be Lorne by the vendor. subcontract any portion of the work without the prior wtitloll 1,211 FRAUD ANll MISREPRESENTATION consent ofthc County. Suheuutlac(ing without thc prior consent of Ally individual,corporation or other entity that attempts 10 meet its the Courtly may result in termination of the contract for default. euntractual obligations through fraud, misrepresentation Of 3,31 ANNICNMSLNT material misstatement, may be debarred for up to five (5)year_ The vendor shall not assign or traufer any contract resulting from The Coallly an it further sanction may terminate or cancel any other this solicitation,including,any rixhta,title or interest Ihelein,or its contracts with such individual, corporation Or entity with sued power In execute such c'c)nlraCl to any portion, tortipanV err vendor held responsible fur all direct or ilidireet costs associated ecitpuratinn saiihollt the prior written cwtreut of the County, Thin with lem]lnu1lion or cancellation,including attumey's fees. provision specifically includes any acquisitiun or hostile takeover 3.29 RIGH•I"CO AUI)1T Of the xwardod vendor. Failure to comply in thia regards muy The County reserves theright to require the vendor to submit man result in termination of the contract fin default. audit by city auditor 01 dm C tnmty''s choosing. The Cu:arnc(ux 3.22 RFtiPONNIBILI'I 1'AS EIVII'LOYFR shall provide accent to all of iia records,which relate directly or The employee(a)of the vendor shall be considered at all time its indirectly to this Agreement at its place of business during regular employee(s),and nut an emptoy'e:(s)or agent(a)of the County, business hours. The vendor shalt retain all records pe-Mining to The contractor shall provide enp)oy'er(s)capable of performing ibis Agreement and upnn request make thein available m the the work as required, The(county muy requite tie contractor to County fora minimum of three(3)years,or in:required by Florida remove any employee it deems unacceptable All employees of law,whichever is lunger,following expiration of the Agreement. the covttrac(Or maybe required to wear appropriate identification. The vendor agrees to provide such assistance as may be uecess/ry 3.23 Iilk 41NINCCATION to facilitate the review ur audit by the County to ensure compliance 'hu the extent permitted by law,the vendor shall indemnify and with applicable accriuntinrr and financial standards_ Additionally, hold huumleas the County and its officers,employees,agents and CONTRACTOR agrees to include the requirements of ibis instiismcrtalilirn frwn any and all liahility, losses err damages, provision in all euatnruls wills subcontractors and material 18 SECTION 3—CKNERAL TERMS ANI)CONDITIONS iTB Number: 17-0606 suppliers in cotufection with the work perfumed hereunder. It an 1300.7553111(bttp:riwery d • II LI )_ audit*met:tic s to exawiulioo pursuant to this section did:Wses 3.33 PRiMK CWIIV1 RACl'OR mem:icing or overcharges of any nature by the CONTRACIUR The veado r awarded the contract shall act as the prune contractor to the COUNTY iu excess ot'one percent(1%)of the total contract and shall insutnr fun eesporsibility tit aueccssful performance of bdlliigs,in addition to nuking adjustments for the twereharges,the the contract. The vendor stall be waaidered the sole point of namable uctttal cost of the COUNTY's audit shall be reimbursed cdaxad with tegatd to meeting all requirmealr uf the contract.All to the COUNTY by the CON'iRACTOR. Any',djustmeuls andfor rwhccntractas will be subject to advance review by the County in payments which must be male as a result of any such audit or nrgards to compotcacy and seaaity cone ser. After the award of inspection of the CONTRACTOR'a invoices and/or tecordt than the contact no charge in Subcontractors will be made without the he made within a reasoaable airman of time,bel ire summit shall consent of the County. The vendor shall be rcaperrsible for ell the lime exceed niaety (90) duo, faun present**, of the insatauce,permits, licenses, and related matters fur any and all COUNIY's audit findings to the(X)N1RACI sukcontrac ons. Even if the subeonnamenr is adf-irnsured. thr 3.3e PURI it:RI!C ORDS!COPYRIGHTS County may require the cuntreddur to provide any insurance Psmuutd to Section 119.0791, Florida Statutes, the awarded emrtificdxes required by the worts$n he perfixmod. enatrsctnr shat'comply with the Florida Public Rcavds'laws.and 3.34 FORCE MAJEURE shall 1.Keep and maintain public novas toquirod by the County The patties will exercise every roasuaubte effort to mat their to perform the ars-vices Identified herein.2.Upon request hunt the respective obligations hereunder,but shall not be hahle far delays County's custodian of public records,pmvldc the e:o uty with a resulting from force majeure or other senses beyond their copy of the requested records or allow the records to he Inspected reaaotatble control,Including,but not limited to,compliance with or copied within a reasonable time at a cost that done nut cooed reviaiona to(Government law or regulation,acts of metre,ache or the cog provided for by low.3.Emote that public records that are omissions of the other party,fires,Arihm,tatiaztl disasters,wart, exempt or coatldorrtial and exempt from public seconds disclosure nub, tnurapsutatiou problems and/or any other cause whatsoever sequiremotta art nut disclosed except es authorised by law for the beyond the reasnaahlc control of the patties, Any such mom may ddmtiott of the contract term mod following completion of the be tato for appropriate extcn,im erf the performance period. contact if the contractor does not transfer the records to the public 3.35 NO CLAIM FOR DAMAGES agency.4.(Mon completion of the contract,transfer,at no oast,to No claim for damages or any claim other Uses for au extension of the County all public records in poasesaiva of the coatroom or time stall be made or asserted agpinu the County because of any keep and mainhris public records required by the County to delays. No interruption,interfatttee,Inefficiency,s isperrdm,or pakum tbo service. If the wntnctur tmusfers all public records to delay in the commencement or progress of the Work shall relieve the County neon eorgilction of the contract.the contractor shall the vendor of duly to perfunm,or give rise to any right to donagea seamy any duplicate public records that are exempt or or arlditioaat crmtpeawtioa from the County. The vendor's ante confidential and exempt than public records disckpsure remedy:hull be the tight to seek an extension to the cuntnw l time. requirements. If the co usactor keeps and maintains public avoids However,this provision shall tont preclude recovery of damages by upon completion of the contract, the contactor shall med all the vendor for hindrances or delays due solely to fmud,bad taint, applicable requirements for retaining public tecords. All records or active islerfcrtace on the part attic County. Mowed electronically must be provided to the Courtly,upon request 3.36 TRUTH IN NLrCOTIATION CERTIFICATE from the County's ctskxfian of public records is a format that is For each etrntract that exceeds One Htmdheh Ninety Five Thousand compatible with the isrrrmatium tednokugy systems of the dollen ($195,000.00),any organisation awarded a contract meta County. belittle to comply with shin section ahan be deemed a execute a doth-in-ncgotiatiun certificate stating that ibe wage rates breach of the contact rad eufvscenble as set forth in ticeti m and other factual unit cads re accurate,complete,and current,at 119.0701,Florida Statutes. the time of tararaclieg.Any Wrtrect stoking this certificate shall Any copyright denied from this Agreement shall belong to the contain a provision that the original contract price and any author.The outlaw and the CONSULTANT shall expressly assign addiliuss atoll be adjusted to exclude any significant atmos by to the COUNTY tawexchaivc,royalty free rights to use any and which the County determines the contract price tots increased due all intirrmatiat provided by the CONSULTANT in any dctiverahlc to imucurak. isconpletc, or non-currant wage rales and other andior report for the COUNTY's use which nay include actual omit cosh. All such cux)uact adjupments*all be made publishing in COUNTY documents and distribution o Ilse within oats(1)year following the end of the contract. COUNTY dams to be in the COUNTY's hest inecrcatt. If 137 GRANT FUNDING anything *eluded in any deliverable limits the rights of the In the event any pari of the contract is to be funded by federal, COUNTY to use the infusuattion, the deliverable shall be elate,or other local agency monies, the vendor heathy areae to considered defective sad not acceptable and the CONSULTANT empty with alt rapdremente of the funding entity applicable to will nut be digible for any compensation. the use of the stories,including fell application of requirements 3.31 (:OvR.ItNINC LAWS invuhisg the use of minority fame,women's business enterprises, The interpretation,cittet,and validity of any cont/ad(s)teaching and labor surplus arra firma. Yeadon ore advised that poyetents from this wlicit:ditan shall be governed by the laws and regulations utuhd the contract may be withheld pending completion and of the State of Florida,tad Luke County,Florida. Vatic of ray submission of all required furies and doetemtxrts required of the court action shall be is hake County,h'kwida. In the event that a vendor prrstaua to the grant fixating requirements. rail is brought for the tufo:cenrent of any torn of the contract,or 3.3E 7'O13ACCO PRODUCTS any right arising there from, the patties expressly waive their Due to the acknwrled ged boards arising from exposure to tobacco roapecive rights to have suck action tried by jury trial and hereby products,and to protect the public and employees'health,safely, consent to the use of nun jury trial for the adjudication of such suit. comfort and tsvirotuneux,tobacco use is prohibited on any County 3.32 STATIC REGISTRATION RK(3UlREMSKNTS owned building and property. 'tobacco products include both Any corporation submitting a bid in response to this 1713 shall smoking curd smokeless tobacco, either be registered or have applied fur tegisttation with the Florida Ottumwa'of State in accordance with the provisions of Clunpla 607,Florida St tutac A copy of the registration/application may be requited prior to award of a contract. Any partnership submitting a bid in rue pante to this 11-8 shall have c mphe d with the applicable provisions of Chapter 620, Florida Statutei. For eWitiosarl information on these requiremertx,please cwxad ibe Florida Secretary uf State's O11ice, Division of Coepcxstiner, 19 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES TTR Number: 17-0606 TTB TITLE: FIRE EQUIPMENT-PARTS—SUPPLIES-SERVICE 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 n21 be considered. • Unit prices shall govern for all services priced on that basis as requested under this solicitation. • 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 http:/hvw'w.lakecounty1l.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 coder selected by a vendor during the registration process. • If the contractor has questions regarding the applicability of Chapter 119, Florida Statutes, to the contractor's duty to provide public records relating to this contract, contact the custodian of public records via the individual designated in provision 1.2 of this solicitation. ACICNOWLEDGEMEN1'OF ADDENDA INSTRUCTIONS: Complete Part T or Part TT,whichever applies Part I: The bidder must list below the dates of issue for each addendum received in connection with this 1TB: Addendum#I,Dated: 11/22/2016 Addendum#2,Dated: 11/30/2018 Addendum#3,Dated: Addendum#4,Dated: Part II: ❑ No Addendum was received in connection with this LTB. 20 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number: 17-0606 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 shalllie responsible for its own purchases and shall be liable only for materials or services ordered and received by it. MA Yes ❑ No(Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive perfo ing equivalent duties, of the bidding entity been convicted of a felony during the past ten(10)years? El Yes 'i No(Check one) Certification Regarding Acceptance of County VISA-based Payment System Vendor will accept payment through the County VISA-based payment system: j Yes ❑ No 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): Cooper City, Florida 2. Does the responding vendor maintain a si ificant ph ical location in Lake County at which employees are located and business is regularly transacted: Yes ` No If"yes" is checked, provide supporting detail: 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): 075453821 General Vendor Information and Bid Signature: Finn Name: TechnicalRescue.com, Inc. Street Address: 4973 SW 105 Way, Cooper City, FL.33328 Mailing Address(if different): Telephone No.: 954-818-7121 Fax No.: 954-434-0903 E-mail: sales@technicalrescue.com FEIN No. 65 - 1033603 mpt Payment Terms: 1 % 10 days, net 30 Signature: == __ Kip Date: 12/05/2016 Print Name: Walter James Knapp L Title: CEO/President Award of Contract 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. Signature of authorized County official: O /A- Date: 3—2 1—Zr)17 Printed name: t-1 H' I iv 15 Title: SCN 14 2 c') j7nf4CJ-(J(, OfC1Ge'2_ 22 SECTION 5-ATTACHMENTS I'M Number: 17.060G ATTACHMENT 1 - Rl+.',E N:IK FACES • A cv Broward Fire Academy(Schtiol Board of Brri yard Couniy') Adsn 2600 SW 71 Terrace • • City,tiracc.Z3P Davie, Florida 33914 Crm3ue3 Person Mark J. Wilson Chief&Coordinator of the Broward Fire Academy Tckophrmc 754-321-1300 Da1cw JI 06/01/1991 -Current Type or s�;cc Technical Rescue and Fire Rescue Equipment Retailer&Service T Comma1u: Sales of USAF,Technical Rescue and Fire Rescue Equipment Agency Broward Sheriff's Office Fire Rescue Logistics :warts 2308-B SW 42nd Street ctit}•,timtc,zir Dania Beach, Florida 33312 Cunl»ctPeison John Spillotopoulos.Purchasing Agent lI 'I'c]crhunc 9554-625-2971 T tc(s)of Scrvnt 01/05(1990-Current T)1 C of Servlet Technical Rescue and Fire Rescue Equipment Retailer&Service rommcnta: Sates of USAR,Technical Rescue and Fire Rescue EQuipment A3;cncy Deltone Fire Department Addrms 1685 Providence Blvd. CiLy,sUitc.zu' Daltona Florida 32725 Contecr 3'CTarm John Sabia, District Chief '3'erel'b ne 407-575-6961 nale(s)of 5avice 06/01/2004-Current TYpc of ser,ke Technical Rescue and Fire Rescue E+uisment Retailer • c!o nmcntt: Sales of USAR,Technical Rescue and Fire Rescue Equpment 24 1 O LAKE COUNTY FLORIDA OFFICE OF PROCUREMENT SERVICES PHONE: (352)343-9839 316 WEST MAIN STREET,SUITE 441 FAX: 352)343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO.1 November 22,2016 ITS 17-0606 Fire Equipment-Parts-Supplies-Service 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 either by Inclusion of a signed copy of this addendum within the proposal response,or by completion and return 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 mat change the date for receipt of bids or proposals. Questions concerning this solicitation are due December 2,2016. The purpose of this addendum is address an inquiry received. A vendor asked about the re-procurement costs mentioned InSections 1.10,1.11,and 3.27 of the ITB. The County reserves the right to charge a vendor re-procurement costs when the original awardee defaults in the performance of their contract,and the County is forced to obtain the goods or services from another higher priced vendor through re-procurement. This is standard language in the County's solicitations and is an option available to the County to try and recoup some of the losses associated with re-procurement. The intent of this particular solicitation (RB 17-0606)is to establish a pool of contracted vendors to cover the County's needs for various goods and services utilized by the Public Safety and Fleet Management Departments. Re-procurement would not normally occur for this type of solicitation because there are usually multiple sources available to meet our needs. Acknowiednt of receipt of Addendum: Firm Name: TecchnicalResoue.00m,Inc. Date: 11/23/2016 � Signature: ., '' t Title: CEO/President Typed/Printed Name: Water James Knapp (iiiiilti) 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.2 • November 30,2016 ITB 17-0606 Fire Equipment-Parts-Supplies-Service 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 either by inclusion of a signed copy of this addendum within the proposal response,or by completion and return 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 ggl change the date for receipt of bids or proposals. Questions concerning this solicitation are due December 2 2016. The purpose of this addendum is to address the following: Current term and supply agreements under the previous Invitation to Bid(ITB 812-0806)expirelune 30,2017. tt is anticipated that the new term and supply agreements awarded under this ITB#17-0606 shall be effective July 1, 2017. Vendors shall submit price discounts that will be deducted off current list prices for products at the time of Ipurchase. Acknowledgement of receipt of Addendum:7com, Inc. Date: 12/01/2016 Firm Name: Technical Signature: rit) Title: CEO/President Typed/Printed Name: Walter James Knapp I TechnicaiRescue.com Inc. 4973 SW 106 Way Cooper City, Florida 33328 954-818-7121 954-434-0903 (Faxj sales@technicalrescue.com • www.TechnicalRescue.com Owned and Operated by Firefighters since 1985 Lake County Florida 2016 Bid Fire Equipment- Parts-Supplies - Service ITB Number: 17.0606 Website Addresses for Price Lists & Catalogs: AJAX Rescue Tools; Pneumatic rescue tools & accessories. www.ajaxrescuetools.com Aqua Communications; Snake-Eye Search Cameras & Accessories www.aquacomm.com CMC Rescue Inc; Rope, confined space & water rescue equipment, litters, training aids, helmets, gloves, Firefighter Escape-Kits and other miscellaneous rescue products. www.cmcrescue.com DQE Inc: Emergency response, Firefighter Rehab & Hazmat equipment and supplies www.dgeready.com EVAC Systems Inc; Fire, EMS &SAR packs & bags, R1T & personal escape kits, rope and rescue equipment www.evacsystems.com Fire Hooks Unlimited; Fire rescue tools, saws, blades & miscellaneous fire rescue equipment and mounting brackets. www.firehooksunlimited.net Glas Master Vehicle extrication equipment & accessories. www.glasmaster.com GME Supply; Industrial supplies, PPE, Fall protection safety equipment, traffic safety supplies, lifting & rigging equipment, professional power and hand tools, work equipment, gear bags, etc. www.gmesuppfy.com Mustang Survival; Water rescue equipment, flotation and Personal Protective Equipment. www.mustangsurvival.com Paratech; Rescue Struts & accessories, medium psi rescue air cushions, marine damage control systems & kits, misc. rescue equipment & tools. www.paratech.com IllEVANSTON INSURANCE COMPANY IVIARICIr COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS POLICY NUMBER:LB21903 0'X"It&upplemerrda1 DeClaraltons Is Attached RETROACTIVE DATE THIS INSURANCE DOES NOT APPLY TO'BODILY INJURY',"PROPERTY DAMAGE'OR'PERSCNAI.AND ADVERTISING INJURY"WHICH OCCURS BEFORE THE RETROACTIVE DATE,IF ANY,SHOWN BELOW. ,..RETROACTIVE DATE: NONE - (ENTER DATE OR_NONE"IF NO RETROACTIVE DATE APPLIES) , LIMITS OF INSURANCE _ rGeneral Aggregate Limit(Olaf than Pmducts/Complcled°potations? $2,000,000 ProductstCompleted Operations Aggregate Limit $EXCLUDED �~ 1. . - Personal and Advertising injury Limit $EXCLUDED My One Person or Organization Each Occurrence Limit $1,000,00C) Damage to Premises Rented Lo You Limit $100,000 Any One PtCrTe ,s Medical Expenaa Limit $5.000 Any One PerSun ALL PREMISES YOU OWN.RENT OR OCCUPY Loc. No. ADDRESS OF ALL.PREMISES YOU OWN,RENT OR OCCUPY 1 4973 SW 145'"Way,Cooper City,FL 33326 - '- L_ CLASSIFICATION AND PREMIUM LocCode No. ' Premium Other I RAtc Advat+rr Prenr urn O Na Ciasslftc atton Kitting Basis Basis Bois r ;into AlOther P►1Cg All Q r w 15963- $2,00D 1 Manufacturer's Gress$7ilc q $125,C04 $fxduded $5d10 6En:ludud mininum ' .--......- cnlalNc _ ...Prerrr cMt $ $ S S b $ $ $ $ 5 $ $ 5 $ I $ S $ s S 104N L 14108 0811 Page 1 of 2 a . . State of loridac Department of State I certify from the records of this office that TEC(1Nr1CALRESCli E.COM,INC. is a corporation organized under the laws of the:State of Florida, filed on July 21, 2000. The document number of this corporation is P000001)70916. I further certify that said corporation has paid all fees due this office!!rough December 31; 2016,that its most recant annual report/uniform business report was filed on January 11,2016,and that its status is active. 1 further certify that said corporation has not tiled Articles of Dissolution. X i Given under inyhand and the Great Seal of the Slate of Florida at Tallahassee,the Capital,this lyre Eleventh day cfh nuary,2116 itri . ' ,,.: Secretary of State Tracking Number;CC3068692191 1'o*others/Alec this certififsttexiiit the following cite,cuter this,iomiler,rod thea follow the iostruelinus displayed. Isttps;llservice.. uobit.org/C'12higsfeerfiflcater)tCtaturorertlticateAuthenticytiun EXHIBIT B SECTION 4 -PRICING/CER'CIFICATICNSI SIGNATURES 111.13 Number: 17-0606 PRICING SECTION-GENERAJ., INFORMATION (Submit discounts and hourly service rates in Attacbrnent 2"Pricing Form') 1. Warehouse location; Address: N/A City/State/Zip: Telephone/Fax: 2. Shop location; Address: 4973 SW 105 Way _ City/State/Zip: Cooper City, Florida 33328 Telephone/Fax; 954-818-7121 /954-434-0903(Fax) www.TechnicalRescue.corn 3. Website address for price listsicaunlogs: See attached Manufacturer's/Distributor List 4. Standard Warranty: 1 Year 5. Lead time: 1-3 weeks based upon Manufacturer's inventory & assembly of any products 6. Minimum order(if any): $95.00 Dollars 7. Handling fee if less than minimum(if applicable): None X. Does your firm offer pickup and delivery of vehicles anti equipment needing repair? Yes No Charge fur deliveryiplckup: 9. Does your firm have towing capabilities? Yes No Towing charges: N/A l0. Will your firm accept Vise Ytirchasing Cards or F,-Payahlc loan of payment?Yes.."/ No 11, Vendor contact for emergency and/or disaster service 24 hours/7 days per week: Name: Walter James Knapp Telephone: 954-818-7121 Cell: 954.818-7121 12. Fxeeptions to specifications: Yes• Nu if yrs,insert a separate sheet immediately following this late detailing exceptions. 21 SECTION 5-ATTACHMENTS TTR Numbcr: 17-0606 ATTACHMENT 2- PRICING FORM Current brands in use by the Fre Rescue Division include the following. Please complete the following information for those brands supported by your firm. linter"yes"or"no"for stocking distributor. if you represent other manufacturers for similar fire-related equipment, parts, or supplies not listed, please add the manufacturer nod pricing information in the blank spaces at end of pricing table. . . ...•.... ....... ou�y.:fie:::•:��: .: ... . .... ::: Bralnifl. ::::;:::•:' :::::'::. :;:::off L-1aEt fries:: :for.:Repair 8cx v14.e :::::::�N.eh1butnr7:.::::::: 3M COMPANY A13Lii Sl l0 MR ACTION AH STOCK AIM AJAX 20%off MSLP N/A No AKRON BRASS M.1.AMERICAN FIRE NOSE _~_ _ ALLEN SYSTEMS AL OCOT JTT AMEREX AMERICAN i7R.LWMR -- AMERICAN LAFRANCE ANGUS ANSUL FOAMS APPLECROFT velli&R F..NTFERPRISES - -- - RTO SYSTEMS _ BLACKT n ON BADGES BOUTON CO _... _ BULLARD . CALIFORNIA MOUNTAIN 5%off MSLP for tll litters,baskets&manikins� 16%off MSLP for all other products No CARNS&BROTHER CAST FKOD(KTS _.. _....--•- . 25 sucrioN 5-ATTACI1MEN'US TTB Number: 17-0606 .... CI-TARK ATE .. CHUBB (FOAM) CHUlia VILLE 61Iteut. ._ CODE 3 _ — COLLIN AXES COLLINS DYNAMICS(ROM CORP) __. COUNCIL TOOLS CUTTERS EDGE — C‘,V NEILSEN DARLEY BE.CO DAVID CLARK DB SM ITO NMAN TANKS DICKE TOOL E)RAEGER EN GINEERFP SOT.13TIONS DKEXET., DUO SAFETY , - EDISON . . EDWARDS AND CROMWELL . . . , EDWARDS MFG ELKI1ART BRASS ETT EMERGENCY 'ILCIINOLOGY EXTENDA LITE(AKRON) FEDERAL SIGNAL CORP FRE HOOKS ITNITNITTED 12%off MSLP N/A No FIR FDEX FIRE POWER FIREQUIF FaMEFIGHTER 26 SECTION 5—AT1'ACIIJV1ENTS ITB Number: 17-0606 FOLD A TANK GEM TOR GLASSMASTER WF.HR 10%off MSU' N/A No GT OAF GLOVE CORP GORMAN RUPP 1'!IMPS HAI.F.FIRE PUMPS HAN NAY REELS ..... HARFEIGTON J1AZARD CONTROL HEBERT 110LkATRO WNEYWELL PRO HIJMAT IIUSKY IIYDR A SHIFT") IMPERIAL 110SE. IOWA AMERICAN JANF.SVILLE JUSTRITE JV MFO • •... KAPPLER ICENDALL PRODUCES KOCIIEK KOEHLER MPG CO • •• - KUSSMAIIL LACROSSE BOOTS LIFE LINERS LIONS UNIFORMS • • 27 SECTION 5—ATTACHMENTS ITB Number: 17-0606 ...„, LOIJIS PRYER LOWELL. MAG INSTRUMENTS MANN AXE • MARS SIGNAL LIGHT MC PRODUCTS MORAN(FLASH) MORNING PRIDE MSA NA IALE D) NORTH AMERICAN FIRE 110SE NOVA NUPLA PACIFIC REFLEX PARATECH 10%off MSLP N/A No PARTNER 25% off MSLP for all F1) Rescue saws 15%.off MSI P for All arrAssoriRs&_patiR No PAUL CONWAY SHIELDS PELLCAN 16%off MSLP N/A No Per PROTEXALL PHOENIX • PIERCE piGFON MOUNTAIN INDUSTRIES PIANO R&B FAIMUCATORS RANGER RUBBER RAWITIT)F.FIRF.HOSE REDHEAD BRASS REFLEXITE 28 SECTION 5—ATTACHMENTS FR Number: 17-0606 RICE HYDRO CO SCBAS scan'AVIATION SECURITEX SENSIBLE MOUNTS SERVUSJJOOTS SIfEIJIY WOLVERINE • SNAPTITE ....... SNORKEL SOUTII PARK SIGNAL VEHICLE PRODUCTS CLASS ONE(SPAN IN S'fRUMF.NTS) SPUMIIii!R STERUNCi ROPE 16%off MSLP N/A No SIJPERVAC TNT TOOLS TASK.FORCE TIPS THOR OG(X)D BOOTS SUPERIOR.PNEUMATIC TASKMASTER TEAM EQUIPMENT 25%off MSLP for all FD/Rescue saws off,/ 15%off MSLP for all accessories N/A No TELI2LITE TEMPEST'FANS TOMAR TOPPS TURTLE PLASTICS UNDERWATER KINETICS UNITY LIGHTS VANNER 29 SECTION 5-ATTACIIMEN TS ITB Number: 17-0606 . _ VERWIA-N- VERTX VETTER WATEROUS WELDON" WHET.EN ENGINEERING WILL BURT WINCED dENTER ATORS W1NDS01. WIT-LAMS FOAM WORDEN ZEPHYR Z1MATIC ZICO 5%off MSLP-for f1 litters, baskets and Manikins Rescue Technology 16%off MSLP for all other products No EVAC Systems 15%off MSLP NIA No DQE Ready 5%off MSLP N/A No AQUA Communications 20%off MSLP N/A No GME Supply 10%off MSLP N/A No 15%off MSLP on all Con-Space Equipment Savox Communications 10%off MSLP or all Search Cam& DeL No Streamii ht 35%off MSLP N/A ' No 30