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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-111 Purchase of Turnout Gear and Safety Equip from Bennett Fire Products Co.Temp. Reso. #13846 September 28,2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2022 I % % A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, RATIFYING EXPENDITURES TO DATE FOR FY22 AND AUTHORIZING APPROVAL OF ANNUAL FISCAL YEAR EXPENDITURES OF UP TO $87,227.60 FOR FY22, FOR PURCHASES OF TURNOUT GEAR AND SAFETY EQUIPMENT FROM BENNETT FIRE PRODUCTS CO. INC. UTILIZING THE COMPETITIVELY BID MUNICIPAL AGREEMENT FROM LAKE COUNTY FLORIDA, CONTRACT#17-060613 EFFECTIVE UPON PASSAGE OF THIS RESOLUTION THROUGH SEPTEMBER 30, 2022; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, Tamarac Fire Rescue (TFR) has been on a turnout (bunker) gear replacement cycle that replaces annually a minimum of 10% of all turnout gear of TFR personnel as well as reserved inventory gear and cadet program gear to ensure the safety of TFR personnel and compliance with NFPA 1851 Standard; and WHEREAS, purchases for TFR turnout gear and safety gear are made from Bennett Fire Products Co. Inc., which offers the most competitive prices for gear and is 138268651.1 Temp. Reso. #13846 September 28,2022 Page 2 of 4 in compliance with NFPA 1851 Standard; and WHEREAS, the aggregate annual expenditure for FY22 thus far through Bennett Fire Products Co. Inc has been $87,227.60, thereby requiring City Commission approval for expenditures in excess of the State of Florida threshold for Category Three as defined in the F.S. §287.017(3), currently set at $65,000 per City of Tamarac Code §6-145; and WHEREAS, the expenditures include unanticipated purchases of six (6) reserved turnout gear to replace inventory gear that had expired, and ten (10) sets of non-structural firefighting turnout gear for the TFR cadet program; and WHEREAS, the City is eligible to piggy -back Lake County Contract #17-0606B, attached hereto as Exhibit 1; pursuant to §6-148 of the Tamarac City Code the City may waive its purchasing procedures and use contracts competitively procured by other governmental agencies; and WHEREAS, it is the recommendation of the Fire Chief, the Acting Director of Financial Services and the Purchasing and Contracts Manager to ratify FY22 expenditures from Bennett Fire Products Co. Inc. in an amount up to $87,227.60. WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the businesses, residents, and visitors of the City of Tamarac to ratify FY22 TFR expenditures in for an amount of $87,227.60 for TFR turnout gear and safety gear. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, 138268651.1 Temp. Reso. #13846 September 28,2022 Page 3 of 4 Section 1: The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2: The City Commission ratifies FY22 expenditures in an amount of up to $87.227.60 from Bennett Fire Products Co. Inc. for TFR turn o«t gear and safety gear and authorizes the appropriate City Officials to approve FY22 expenditure amounts. Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its passage and adoption. "The remainder of this page has been left blank intentionally" 138268651.1 Temp. Reso. #13846 September 28,2022 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 0--V35'2'_0'22. ATTEST: KIMBERLY DILLON, CMC CITY CLERK MICHIEL11LE J. GO E , MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARAC ONLY. 138268651.1 L 'K A' E COUNTY, FL MODIFICATION OF CONTRACT Modification Number:Three (3) Contract Number: 17-0606B Effective Date: 6/30/2020 Title: Fire Eguipment Parts -Supplies -Service Effective Date: July 1, 2017 Contracting Officer: Amy Munday Contractor Name and Address:M E-mail: amundav c(�r lakecountyfl.gov Name: Bennett Fire Products Co., Inc. Telephone Number: (352) 343-9389 Address: P.O.Box 2458 Issued By: Procurement Services City: Woodstock, GA 30188 Lake County Administration Building ATTENTION: Danny Bennett 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Extend contract one (1) year - expiring June 30, 2021. CONTRAC OR SIGNAYM BLOCK LAKE O TY SIG I BLOCK Signature :�^�+-�"r Signature: Print Name: .� nn n� ¢ft' Print Name: Title: pre Si d t t Title: Contracting Officer Date: (91 us Ar) Date: / Z, Z o 2-o E-mail: beAAe;vA�G &--H- 1G"C � Secondary E-mail: 1-beh,7e0bf p e q M4,1- coin. Distribution: Original - Bid File Copy - Contractor Contracting Officer PROCURFMENT SERVICES - DIVISION OF OFFICE OF MANAGF.MF.NT AND BIIDGF.I' SERVICES P O BOX 7800.315 W. MAIN ST.. TAVARES. FL 32778 - P 352 343 9839 - F 352 343 9473 Board ofCounty Commissioners - "WW-1akec01m4fl-90r COUNTY, FL REAL FLORIDA - REAL CLOSE MODIFICATION OF CONTRACT Modification Number:Four (4) Contract Number:17-0606B Effective Date: 7/1/2021 Title: Fire Equipment, Parts, Supplies, and Services Effective Date: July 1, 2017 Contracting Officer: Amy Munday Contractor Name and Address: E-mail: amundayr-lakecauntyfl.eov Telephone Number: (352) 343-9389 Name: Bennett Fire Products Co, Inc. Address: P.O. Box 2458 Issued By: Procurement Services City: Woodstock, GA 30188 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Dann Bennett y Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fLllly executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MOIIIFICATION:Extend contract one (1) year expiring June 30, 2022. CONTRACTOR SIG ATURE BLOCK LAKE COUNTY SIGNAT BLOCK Signature: l Signature: Print Name: ff N qA!j Kell-11 Print Name: Amy unday Title: Pr'¢S I d e"t Title: Contracting Officer Date: January 21, 2021 Date: 4g y je y 7 ) , Zp 2- E-mail: be/Irlf�_ftAl e- t Secondary E-mail: Distribution: Original — Bid Fife Copy — Contractor Contracting Officer PROCUREMENT SERVICES —DIVISION OF OFFICL OF MANAGEMENT AND BUDGET SERVICES P_O. BOX7800 - 315 W. MAIN ST., TAVARES, FL 32778 - P 352.3 J3A839 - F 352.343.9473 Board o fCowity Commissioners - wuu.1akecom t.0-gov LAKE COUNTY F L O R I D A MODIFICATION OF CONTRACT 1. Modification No.: 2 2. Contract No.: 17-0606B Effective Date: July 1, 2019 Effective Date: July 1, 2017 3. Contracting Officer: Amy Munday 5. Contractor Name and Address: Telephone Number: 352 343-9765 Bennett Fire Products Company, Inc. 4. Issued By: Procurement Services P.O. Box 2458 Woodstock, GA 30188 Lake County Administration Building 315 W. Main St., Suite 441 Attn: Danny Bennett, President Tavares Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) year, expiring June 30, 2020. Updated Pricing Forms are also incorporated in this contract modification; please see attached. 8. Contractor's Signature REQUIRED ba �� 9. Lake C unty, Fl da Name: n A y Lie nne-tf B Y Title: Pra Si de A t ) n racting Officer I Date: re S/vn,y )Z 1 2 _ � Date 10. Distribution: Original - Bid No. 17-0606B Copies - Contractor Contracting Officer OFFICE OF PROCURVNIENr SLIM(TS P.O. BOX 7800.315 W. MAIN ST.. TA VARES. FL 3? 778 • P 35?.343AS39 • F 35_'.343'J473 Board o%Corom' Comnissionerr • innr.ia6�rnnn/ty7.gor TIM0111) 1. SULLIVAN SCAN M. PARKS. IRr p/i, WINDY It FRrLVIN HSI ll. c:Akir1om µ)511 IN 4Kt Aictrirt l niv/ria/ 3 nic/rir/R ni:h'irt 4 niatrir•1 ATTACHMENT 2 .- PRICING ]FORM Current brands in use by the Dire Rescue Division include the following. Please complete the following information for those brands supported by your firm. Enter "yes" or "no" for stocking distributor. If you represent other manufacturers for similar fire -related equipment, parts, or supplics not listed, please acid the manufacturer and pricing information in the blank spaces at end of pricing table. 1 }Brniii;air'Servlce~ 3M COMPANY '� ��scount,t Hourly e ; :Stockig r,,.. Distriiintor� ABLE S110 ME — ACTION All STOCK AIM AJAX - AKRON BRASS ALL AMERICAN FIRE HOSE ALLEN SYSTEMS ALOCOWE AMEREX AMERICAN FIREWFAR qow Hong we lj 10 tj e- S AMERICAN LAFRANCE ANC US ANSULFOAMS APPLECROFT B & B E-WERPRiSES BIO SYSTEMS BLACKINTON BADGES -- BOUTON CO — BULLARD - -- CALIFORNIA MOUNTAIN Gies&a,4vcl"5A 30 e. S CAST PRODUCTS--- — sennU# Fire, P/�Pc{vd CHARKATE CHUBB (FOAM) CHURCIIVILLE CIRCUL AIR CODE 3 COLLIN AXES COLLINS DYNAMICS (ROM CORP COUNCIL TOOLS CUITERS EDGE CW NEILSEN DARLEY & CO DAVID CLARK DB SMITH INDIAN TANKS - ---- DICKE TOOL DRAEGER ENGINEERED SOLUTIONS DREXEL -' DUO SAFETY EDISON EDWARDS AND CROMWELL EDWARDS MFG ELKI TART BRASS ETI EMERGENCY TECHNOLOGY EXTENDA LITE (AKRON) FEDERAL SIGNAL CORP FIRE FIOOKS UNLIMITED F1REDEX FIRE POWER FIREQUIP FLAMEFIGHTER� &n4e H 1 i 1.e PI.4,dv s FOLD A TANK GEMTOR GLASSMAST> R WEI-M GLOBE MSA GLOVE CORP GORMAN RUPP PUMPS HALE FIRE PUMPS fIANNAY REELS HARRINGTON IIAZARD CONTROL HEBERT - HOLMATRO IIONEYWI LL PRO HUMAT HUSKY 14YDRA SHIELD IMPERIAL HOSE IOWA AMERICAN JANESVILLE JUSTRITE JVMFG ` KAPPLER KENDALL PRODUCTS KOCHEK KOEHLER MI'G CO KUSSMAUL LACROSSE BOOTS LIFE LINERS ��.• LIONS UNIFORMS 6c�tnLt�-�re. Prv�c��5 LOUIS PRYER LOWELL MAG INSTRUMENCS MANN AXE MARS SIGNAL LIGHT MC PRODUCTS MORAN (FLASH) MORNING PRIDE MSA NATALE (CIRCLE D) NORTH AMERICAN FIRE HOSE NOVA NUPLA PACIFIC REFLEX PARATECH PARTNER PAUL CONWAY SHIELDS PELICAN PETZL P PROT 'sXA L 1 ,14Ia-+ / vlh'Nl;�S�oM % to S PHOENIX _ PIERCE PIGEON MOUNTAIN INDUSTRIES _ PLANO R & B FABRICATORS RANGER RUBBER RAWHIDE FIRE -HOSE REDHEAD BRASS REFLEXITIE denlieW Ere Pllvk�15 RICE HYDRO CO SCBAS SCOIT AVIATION SECUIUTEX SENSIBLE MOUNTS SERVUS BOOTS SHELBY WOLVERINE SNAPTITE SNORKEL SOUTH PARK SIGNAL VEHICLE PRODUCTS CLASS ONE (SPAN iNSTRUMLwIS SPUMIFER STERLING ROPE SUPERVAC "TNT TOOLS TASK rORCE TI I'S TROROGOOD SOOTS SUPERIOR PNEUMATIC TASKMASTER TEAM EQUIPMENT TELELITE TEMPEST FAN5 TOMAR TOPPS TURTLE PLASTICS UNDERWATER KINETICS - UM' TY LIGHTS VANNER &we-N Ae Pr04e is VERIDIAN VERTX VE I'ER WATEROUS _ WELDON WHELEN ENGINEERING WILL BURT WINCO GENERATORS WINDSOL WILLIAMS FOAM WORDEN ZEPHYR ZIMATIC Zico CrJob� 6� msA �oo�wG�Ir' 3/. � S &",a 6 MM Caw 5 no Black Lf P ESS i� e s le/re cnt loon � W4ll 11vvJ 5 119 e,5 PdAg- we if 6-1Uve-s /4 fro Cai�hsMM HelmetS Cirn5M:5A l!ro,,f 5 1,9 4 tie nr)(-) t 6re ProkttS T LAKE COUNTY F 1 O It I D A MODIFICATION OF CONTR4r'T 1. Modification No.: 1 2. Contract No.: 17-0606B Effective Date: July 1, 2018 Effective Date: June I, 2017 3. Contracting Officer: Donna Villinis, CPPB 5. Contractor Name and Address: Telephone Number: 352) 343-9765 Bennett Fire Products Company, Inc. PO Box 2458 4. Issued By: Procurement Services Woodstock, Georgia 30188 Lake County Administration Building 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 Attn: Danny Bennett — President 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (10) days after receipt preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) year expiring June 30, 2019. 8. Contractor's Signature 9. Lake County, Flo ida 'REQUIRED Name: GLw�y /3�wtie By: Title: Pr- 2 S de xt Senior C ntracting Officer Date: re, brVA,-y L , Zy lD Date 10. Distribution: Original -Bid No. 17-0606B Copies - Contractor Contracting Officer DISC::\LR;\D�IINIS'IRA'rlVIiSFRVI(FS DIVISION 01:PRO('URVi�iFN'ISHRVICES P U 13UX 7SUu • i I � 14' �1:11N S'I ,'fr\V:1R I S, FI. 7277R • P 3�2.3 ! i `l�}`) • I l:? ;.t i y-17 Botird oft wiuh' C ontniissloncr • u-vv-hAe coum.vj1 t, IIIII) III1 I. N11IIIll\ N1•\\ a1 VARKS. ININI)\ It GRIIDI� 11N1II (1U1I0NI ION11 f•IAKI 0i.01ir! 1 Dior;, :1 1)ichic1 'i 1)ienirf I Ai+N i,t i I AIKE COUNTY CONTRACT NO. 17-0606B 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 Bennet Fire Products (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 Contracting Officer Date: `3" -)- 0 i -7 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 13521 343AM Fay 11521 1AI—gd73 LAKE CO - UNTY FLORAA OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO. 1 November 22, 2016 ITB 17-0606 Fire Equipment -Parts -Supplies -Service PHONE: (352) 343-9839 FAX: 352) 343-9473 It is the vendor's responsibility to ensure their receipt of all addenda, and to r_learly 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 not 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 in Sections 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 (ITB 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. Acknowledgement of receipt of Addendum: Firm Name: Ornil t ft [_ucl rr`­di.A5 _vie. Signature:-�-4 , { t —, 4 Title: Typed/Printed Name; t , 4 I- } ► iI r' Date: 41"C st bILZ — Y f 2-o l b n_ ) l- l,i, ti , O ?,I t LAKE COUNTY F LO R I DA OFFICE OF PROCUREMENT SERVICES 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO, 2 November 30, 2016 ITB 17-0606 Fire Equipment -Parts -Supplies -Service PHONE: (352) 343-9839 FAX: 352) 343-9473 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 not 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 #12-0806) expire June 30, 2017, It 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 purchase. Acknowledgement of receipt of Addendum: IS e r1 ; E r Firm Name: l i-# fi r t� �'."-� s�S�.- C S � ..�r,c Date: - � � r � � _•-T1�' 7. n. Signature: 'G �^-� `7 ,�-- _ Title:�:— Typed/Printed Name: { a Al ei iff /31r 11 � �� LAKE C—OUNTY F 1 0 R I D A INVITATION TO DID (ITS) FIRE EQUIPMENT -PARTS —SUPPLIES -,SERVICE ITB Number: 17-41606 Contracting Officer: D. Villinis Bid Due Date: December 13, 2016 Pre -Bid Cnnf. Irate: Not Applicable Bid Due Time: 3:00 p.m. ITB Issue Date: October 24, 2016 TABLE OF CONTENTS SF.C'TION 1: Special Tarns and Conditions 2 SECTION 2: Statement of Work 14 SL'CTION.1: Gcnural Terms and Conditions lb SECTION 4: I'rising/Certifications/Sipiatures SECTION 5: Attachmunts SPECIFIC SOLICITATION REQUIREMENTS ARE AS NOTED BE, _ : Proposal and/or Performance Band: ; Nut applicablu to this 11713 Ccrtificatc of Competency/Liumse. i Nut applicable to this 1'M IndcrnniCication/Insiaaaou: i Section 1.8 -- --- -- — ............ I ------ -- Pre -Bid Confcrunc:e/Walls-Thru: : Not applicable to this ITR 20 23 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 subtnilting bids will be read aloud and recurdcd. 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 purformanco spwificd hurcin. 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 subsuit the bid response by the specified time and date., may be cause for rejection of the bid, NO -RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time, or, would like to be removed from Lake County's Vendor List, please mark the appropriate. %race, complete name bclo,,v and return this page only. ❑ Not interested at this time; keep our firm tin Lake County's Vendors List for futuresolicitations for this product / service PIea.Se remove our firm from Lake County's Vendor's List for this product / servicc. VEINI)OR I[AWTiFICATION Company Name: Sat'!)r led f f7! e Poi>dt,-e J (t?.� %I (. Phone Number: F-mail Address: I> `. ),I/l e ir1 'e C! el l r , l t' _ Contact Person: b4;1r147Seil,,je1� SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB 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 portion of this solicitation shall be directed in writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation. To ensure reply, questions should be submitted no later than seven (7) working days before the bid due date. Donna Villinis, CPPB, Senior Contracting Officer Lake County BCC Office of Procurement Services 315 W. Main Street, Room 441 PO BOX 7800 Tavares, FL 32778-7800 Phone:352-343-9839 Fax:352-343-9473 E-mail: dvillinisAlakecountyfl.gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Office of Procurement Services. Section 1.3: Method of Award 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 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 Section IA: Pre -Bid Conference / 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 Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Office of Procurement Services; and contingent upon the completion and submittal of all required pre -award documents. The initial 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 The 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 be 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 best 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 of, 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 ITB Number: 17-0606 County representative. Failure to submit invoices in the prescribed manner will delay payment, and the vendor may be considered in default of contract and its contract may be terminated. Payments shall be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. Section 1.8: Insurance Each vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following requirements: [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County.] An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County prior to contract execution and/or before any work begins. The vendor shall provide and maintain at all times during the term of any contract, without cost or expense to the County, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the County at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall insure the vendor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $500,000 Products -Completed Operations $500,000 Personal & Adv. Injury $500,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including all owned, non -owned, scheduled and hired autos with the following minimum limits and coverage: Combined Single Limit $300,000 or Bodily Injury (per person) $100,000 Bodily Injury (per accident) $300,000 L, SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 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 he or she is injured, he or she will not hold the County responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident $100,000 Disease -Each Employee $100,000 Disease -Policy Limit $500,000 Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the Vendor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsement(s) providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (ITB/RFP/RFQ) number in the Description of Operations section of the Certificate. Certificate holder shall be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS P.O. BOX 7800 TAVARES, FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. The Vendor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements. G SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 All self -insured retentions shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, the insurer shall reduce or eliminate such self -insured retentions, or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses. The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self -insured retention in any insurance policy. The payment of such deductible or self -insured retention shall be the sole responsibility of the vendor and/or 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 Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein. Section 1.9: Bonding Requirements Not applicable to this solicitation. Section 1.10: 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 on 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 back order period that has been specified 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. If 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. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization. n SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 Section 1.10.1: Shipping Terms, F.O.B. 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 be 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.B. point other than F.O.B.: 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 item with the vendor's manufacturer or distributor; the vendor shall insure that such back orders are filled 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 back 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 of an 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 found to be defective or does not conform to the specifications, the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor, 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 be responsible to pay for any product or service that does not conform to the contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the County on the open market, and any increase in cost may be charged against the awarded contractor. Any cost 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: 17-0606 Section 1.11.1: Deficiencies to be corrected by the Vendor The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within 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 are not completed to the satisfaction of the County within ten (10) calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the County shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs, either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the County may terminate the contract for default. Section 1.12: Warranty The vendor agrees that, unless expressly stated otherwise in the bid or proposal, the product and/or service furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the vendor gives to any customer for comparable quantities of products and/or services and the rights and remedies provided herein are in addition to said warranty and do not limit any right afforded to the County by any other provision of this solicitation. 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 fit for a particular purpose. Section 1.13: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U.S. Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, DHL, private courier, etc.) will be opened for security and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off -site secure controlled facility prior to delivery to any Lake County Government facility, which includes the Lake County Office of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Office of Procurement Services prior to the date and time established within the solicitation. A response will not be considered for award if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center. Allow sufficient time for transportation and inspection. The exterior of each envelope/package shall be clearly marked with the bidder's name and address, and the solicitation number and title. Ensure that your bid or proposal is securely sealed SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 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 4TH FLOOR, ROOM 441 TAVARES, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (LISPS), please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier, please send it to: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG, FL 34788 Facsimile (fax) or electronic submissions (e-mail) will not be accepted. Section l .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 bid, you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the form(s) provided in this document. If you make any change to the content or format of any form, the County may disqualify your offer. All information shall be legible and either written in ink or typewritten. If you make a correction or change on any document, the person signing the bid proposal must initial the change. The bid shall be manually signed in BLUE INK by an official authorized to legally bind the Bidder to its provisions. L SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 COMPLETION OF BID PACKAGE: The vendor shall complete all required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation. The vendor shall also submit any supporting documents (to include proof of insurability and provision of bid bonds as required), samples, and/or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope / package marked "Literature for Bid 17-0606." Do not indicate bid prices on literature. Specific Completion Directions: The bid submittal shall consist of this entire ITB document, with required sections completed by the vendor. Complete the requested information at the bottom of the ITB cover page (page 1). Pricing shall be completed as directed within Section 4. Initial and date in BLUE INK the appropriate space(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 NET 30 DAYS otherwise. Complete the reference form (include at least three references) contained within the solicitation as Attachment 1. Complete all certifications, vendor information, 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 1.8 by submitting either a certificate of insurance 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 vendor(s) at the contract price(s) established herein. Under these circumstances, a contract modification shall be issued by the County identifying the requirements of the additional County department(s). Section 1.16: Business Hours of Operations Deliveries shall be made during regular business hours (Monday through Friday, 8:00 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 performed, and/or when permission to do such work is secured from the County Department representative. No overtime work shall be started without prior approval of the immediate project manager or his/her designated representative. 10 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 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 are available for viewing and/or downloading. With the bid submittal, the vendor shall include a CD 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 hardcopies of the manufacturer's product catalogs and price lists at no additional cost to the County. Section 1.18: Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). Section 1.19: Hourly Rates The hourly rate quoted shall be 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 straight -time for all labor, except as otherwise noted. The vendor shall comply with minimum 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 otherwise 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 identifies specific brands, it is 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 will 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 be 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 right 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: 17-0606 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 be passed on by the vendor(s) to the County. It shall be the responsibility of the vendor to notify the County of such rebates and/or 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(s) 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 1.23: 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 be supplied prior to, or upon, delivery of the equipment. Final payment shall be 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 from 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 be 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 (OSHA). 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. The vendor shall provide all standard equipment, work operations, safety equipment, personal protective equipment, and lighting required or mandated by State, Federal, OSHA, or Americans with Disabilities Act of 1990 (ADA) regulations. 12 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number: 17-0606 The vendor shall designate a competent person of its organization whose duty shall be 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 be 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 Requirements Upon award of a contract resulting from this solicitation, the vendor shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of. 1) All persons employed by the vendor during the term of the contract to perform employment duties within Lake County; and 2) All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract. Section 1.27: 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 manual(s) shall be included with the equipment upon delivery. Final payment shall be withheld until such time as these manuals are received by the County. Upon request, the vendor shall provide an intensive training program 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 enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (f) of the Florida Constitution and enforced by the Florida Legislature by statute or the state Agency For Workforce Innovation by rule, whichever is higher. 13 SECTION 2 — STATEMENT OF WORK ITB 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 all parts and/or materials supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose 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 MSDS required by 29 CFR 1910.1200 with the first shipment of any hazardous material. Also, at any time the content of an MSDS is revised, the vendor shall promptly provide a new MSDS to the County with the new information relevant to the specific material. 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 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. The vendor(s) shall possess all special hand tools and special equipment recommended by the equipment and part manufacturer(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 be 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. 14 SECTION 2 — STATEMENT OF WORK ITB Number: 17-0606 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 shall be numbered and dated. The vendor's name shall then be entered on the Work Order and that order will then be 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 Locations Fire Rescue Vehicle Maintenance/Fleet Division 25028 Kirkwood Avenue Astatula, FL 34705 Department of Public Safety Fire Station 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 Groveland, FL 34736 15 SECTION 3 — GENERAL TERMS AND CONDITIONS ITB Number: 17-0606 3.1 DEFINITIONS Addenda: A written change to a solicitation. Bid: Shall refer to any offer(s) submitted in response to this ITB. Bidder: Refers to any entity that submitted a bid under an ITB. Contract: The agreement to perform the services set forth in this solicitation. The contract will be comprised of the solicitation document signed by both parties with any addenda and other attachments specifically incorporated. Contractor: The vendor to which award has been made. County: Shall refer to Lake County, Florida. Invitation to Bid (ITB): Shall mean this solicitation document, including any and all addenda. An ITB contains well-defined terms, conditions, and specifications, and is awarded to the lowest priced responsive and responsible bidder. Modification: A written change to a contract. Responsible: Refers to a bidder that has the capacity and capability to perform the work required under an Invitation to Bid, and is otherwise eligible for award. Responsive: Refers to a bidder that has taken no exception or deviation from the terms, conditions, and specifications in an ITB. Solicitation: The written document requesting either bids or proposals from the marketplace. Vendor: A general reference to any entity responding to this solicitation or performing under any resulting contract. The County has established that the words "shall", "must", or "will" are equivalent within this ITB and indicate a mandatory requirement which shall not be waived by the County. 3.2 INSTRUCTIONS TO BIDDERS A. Bidder Qualification It is the policy of the County to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of work specified in the solicitation are encouraged to submit bids. To be recommended for award the County requires that vendors provide evidence of compliance with the requirements below upon request: 1. Disclosure of Employment 2. Disclosure of Ownership 3. Drug -Free Workplace 4. W-9 and 8109 Forms — The vendor must furnish these forms upon request as required by the Internal Revenue Service. 5. Social Security Number — The vendor must provide a copy of the primary owner's social security card if the social security number is being used in lieu of the Federal Identification Number (F.E.I.N.) 6. Americans with Disabilities Act (A.D.A.) 7. Conflict of Interest 8. Debarment Disclosure Affidavit 9. Nondiscrimination 10. Family Leave 11 Antitrust Laws — By acceptance of any contract, the vendor agrees to comply with all applicable antitrust laws. B. Public Entity Crimes Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. C. Request for Additional Information Any communication or inquiries, except for clarification of process or procedure already contained in the solicitation, are to be made in writing to the attention of the procurement representative identified in the solicitation no later than five (5) working days prior to the bid due date. Such inquiries shall contain the requester's name, address, and telephone number. The Procurement Services Office may issue an addendum in response to any inquiry received, prior to bid opening, which changes, adds to, or clarifies the terms, provisions, or requirements of the solicitation. The bidder should not rely on any statement or explanation whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any addenda, the last addendum issued shall prevail. It is the bidder's responsibility to ensure receipt and to acknowledge all addenda and any accompanying documentation. Failure to acknowledge each addendum may prevent the bid from being considered for award D. Contents of Solicitation and Bidders' Responsibilities It is the responsibility of the bidder to become thoroughly familiar with the requirements, terms, and conditions of this solicitation. Stated unawareness of contractual terms and conditions will not be accepted as a basis for varying the requirements of the County or the amount to be paid to the vendor. E. Restricted Discussions From the date of issuance of this solicitation until final County action, vendors should not discuss the solicitation with any employee, agent, or any other representative of the County except as authorized by the designated procurement representative. The only communications that shall be considered pertinent to this solicitation are written documents from the vendor addressed to the designated procurement representative and relevant documents promulgated by the designated procurement representative. F. Change to, Withdrawal of, or Mistake in, Bid Changes to Bid - Prior to bid opening, a bidder may change its bid by submitting a new bid with notice on the firm's letterhead, signed by an authorized agent, stating that the new submittal replaces the original submittal. The new submittal shall contain all information as required for submitting the original bid. Withdrawal of Bid - A bid may be withdrawn, either physically or by written notice, at any time prior to the bid due date. If withdrawn by written notice, that notice must be addressed to, and received by, the designated procurement representative prior to the bid due date and time. A bid may also be withdrawn after expiration of the specified bid acceptance period, and prior to award, by submitting a letter to the designated procurement representative. The withdrawal letter must be on company letterhead and signed by an authorized agent of the bidder. Mistake in Bid - Any allegation of mistake in Bid shall be treated on a case -by -case basis. It is to be assumed that any alteration in bid price after receipt of bids will be exceptional in nature, and will be allowed only when substantiated by current legal precedence. G. Conflicts within the Solicitation Where there appears to be a conflict between contractual terms and conditions, the technical specifications, the pricing section, or any addendum issued, the order of precedence shall be: last addendum issued, the pricing section, the technical specifications, the special, and then general conditions. It is incumbent upon the vendor to identify such conflicts prior to the bid response date. H. Prompt Payment Terms It is the policy of the County that payment for all purchases by County agencies shall be made in a timely manner and that interest payments will be made on late payments in accordance with Part VII, Chapter 218, Florida Statutes, known as the Florida Prompt Payment Act. The bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the signature page of the solicitation. 3.3 PREPARATION OF BIDS A. The Pricing Section of this solicitation defines the goods or services to be purchased, and must be completed and submitted with the bid. Use of any other form or alteration of the form may result in the rejection of the bid. B. The bid submitted must be legible, and completed using typewriter, computer or ink. Any entry change must be crossed out and initialed in ink. Failure to comply with these requirements may cause the bid to be rejected. 16 SECTION 3 — GENERAL TERMS AND CONDITIONS ITB Number: 17-0606 C. An authorized agent of the bidder's firm must sign the bid. FAILURE TO SIGN THE BID MAY RENDER THE BID NON -RESPONSIVE. D. The bidder may be considered non -responsive if bids are conditioned to modifications, changes, or revisions to the terms and conditions of this solicitation. E. The bidder may submit alternate bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate bid must meet or exceed the minimum requirements and be submitted as a separate bid marked "Alternate Bid". F. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. G. Any bid received after the stipulated bid due date and time through no fault of the County will be considered late, and except under the most exceptional circumstances, not be considered for award. H. Unless otherwise specified in the solicitation, prices quoted shall be F.O.B. Destination. 3.4 COLLUSION Where two (2) or more related parties, as defined herein, each submit a bid for the same contract, or evidence any prior understanding, agreement, or connection in such regard, such bids shall be presumed to be collusive. Related parties shall mean bidder or principals thereof that have a direct or indirect ownership interest in another bidder for the same contract or in which a parent company or the principals thereof of one bidder have a direct or indirect ownership interest in another bidder for the same contract. Bids found to be collusive shall be rejected. Bidders which have been found to have engaged in collusion may be considered non - responsible, and may be suspended or debarred. Any contract resulting from collusive bidding may be terminated for default. 3.5 PROHIBITION AGAINST CONTINGENT FEES The vendor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the vendor to solicit or secure the contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the vendor, any consideration contingent upon or resulting from the award or making of the contract. 3.6 CONTRACTING NN'ITH COUNTY EMPLOYEES Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion from the County Attorney prior to submittal of a response to contract with the County. The affected employee shall disclose the employee's assigned function within the County and interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract. 3.7 INCURRED EXPENSES This solicitation does not commit the County to award nor be responsible for any cost or expense which may be incurred by any bidder in preparing or submitting a bid, or any cost or expense incurred prior to the execution of a purchase order or contract. By submitting a bid, the bidder also agrees that the County bears no responsibility for any costs of the bidder associated with any administrative or judicial proceedings resulting from this solicitation process. 3.8 COUNTY IS TAX-EXEMPT When purchasing on a direct basis, the County is generally exempt from Federal Excise Taxes and all State of Florida sales and use taxes. The County will provide an exemption certificate upon request by the seller for such purchases. Except for item(s) specifically identified by the vendor and accepted by the County for direct County purchase under the Sales Tax Recovery Program, contractors doing business with the County are not exempt from paying sales tax to their suppliers for materials needed to fulfill contractual obligations with the County, nor is any vendor authorized to use the County Tax Exemptions for such purchases. 3.9 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of a bid will be available for public inspection in compliance with Chapter 119 of the Florida Statutes (the "Public Record Act."). The bidder should not submit any information which the bidder considers proprietary or confidential. The submission of any information to the County in connection with any solicitation shall be deemed conclusively to be a waiver of any protection from release of the submitted information unless such information is exempt or confidential under the Public Records Act. 3.10 CANCELLATION OF SOLICITATION The County reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the County. 3.11 AWARD A. Unless otherwise allowed by statute or ordinance, award will be made to the lowest priced responsive and responsible bidder. The County reserves the right to reject any and all bids, to waive non -material irregularities or technicalities and to re -advertise for all or any part of this solicitation as deemed in its best interest. The County shall be the sole judge of its best interest. B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low bid or in whichever manner deemed in the best interest of the County. This provision specifically supersedes any method of award criteria stated in the solicitation when such action is clearly necessary to protect the best interests of the County. C. The County reserves the right to reject any and all bids if it is determined that prices are excessive or determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right to negotiate prices with the low bidder, provided that the scope of work is not amended. E. Award will only be made to firms that satisfy all legal requirements to do business with the County. The County may conduct a pre -award inspection of the bidder's site or conduct a pre -award qualification meeting to determine the responsibility and capacity of the bidder to perform. Award may be predicated on compliance with and submittal of all required documents as stipulated in the solicitation. F. The bidder's performance as prime or subcontractor on previous County contracts shall be taken into account in evaluating the responsibility of a responding bidder. G. All tie bids will be resolved in consonance with current written procedure in that regard. H. A vendor wishing to protest any award decision resulting from this solicitation shall do as provided for in the County's Purchasing Procedure Manual. 3.12 GENERAL CONTRACT CONDITIONS The contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. The contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of the contract will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of the contract. Any dispute arising during the course of contract performance that is not readily rectified by coordination between the vendor and the County user department shall be referred to Procurement Services office for resolution. 3.13 OTHER AGENCIES With the consent of the vendor, other agencies may make purchases in accordance with the contract. Such purchases shall be governed by the same terms and conditions as stated herein with the exception of the change in agency name. 3.14 CONTRACT EXTENSION The County has the unilateral option to extend a contract for up to ninety (90) calendar days beyond the current contract period. In such event, the County will notify the vendor(s) in writing of such extensions. The contract may be extended beyond the initial ninety (90) day extension upon mutual agreement between the 17 SECTION 3 - GENERAL TERMS AND CONDITIONS ITB Number: 17-0606 County and the vendor(s). Exercise of the above options requires the prior approval of the Procurement Services Manager. 3.15 WARRANTY All warranties express and implied, shall be made available to the County for goods and services covered by this solicitation. All goods furnished shall be fully guaranteed by the vendor against factory defects and workmanship. At no expense to the County, the vendor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period. The special conditions of the solicitation may supersede the manufacturer's standard warranty. 3.16 ESTIMATED QUANTITIES Estimated quantities or dollars are for bidder's guidance only. No guarantee is expressed or implied as to quantities or dollar value that will be used during the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this solicitation. The County may use estimated quantities in the award evaluation process. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other entities that may utilize this contract. In no event shall the County be liable for payments in excess of the amount due for quantities of goods or services actually ordered. 3.17 NON -EXCLUSIVITY It is the intent of the County to enter into an agreement that will satisfy its needs as described within this solicitation. However, the County reserves the right to perform, or cause to be performed, all or any of the work and services herein described in the manner deemed to represent its best interests. In no case will the County be liable for billings in excess of the quantity of goods or services actually provided under this contract. 3.18 CONTINUATION OF WORK Any work that commences prior to, and will extend, beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the County and the vendor, continue until completion without change to the then current prices, terms and conditions. 3.19 LAWS, RULES, REGULATIONS AND LICENSES The vendor shall comply with all federal, state, and local laws and regulations applicable to provision of the goods and/or services specified in this solicitation. During the term of the contract the vendor assures that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the vendor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the end/or employees or applicants for employment. The vendor understands that any contract is conditioned upon the veracity of this statement. 3.20 SUBCONTRACTING Unless otherwise stipulated herein, the vendor shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for default. 3.21 ASSIGNMENT The vendor shall not assign or transfer any contract resulting from this solicitation, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. This provision specifically includes any acquisition or hostile takeover of the awarded vendor. Failure to comply in this regards may result in termination of the contract for default. 3.22 RESPONSIBILITY AS EMPLOYER The employee(s) of the vendor shall be considered at all times its employee(s), and not an employee(s) or agent(s) of the County, The contractor shall provide employee(s) capable of performing the work as required. The County may require the contractor to remove any employee it deems unacceptable. All employees of the contractor may be required to wear appropriate identification. 3.23 INDEMNIFICATION To the extent permitted by law, the vendor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the vendor or its employees, agents, servants, partners, principals or subcontractors. The vendor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The vendor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the vendor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 3.24 MODIFICATION OF CONTRACT Any contract resulting from this solicitation may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to the contract and/or purchase order as appropriate. This presumes the modification itself is in compliance with all applicable County procedures. 3.25 TERMINATION FOR CONVENIENCE The County, at its sole discretion, reserves the right to terminate this contract upon thirty (30) days written notice. Upon receipt of such notice, the vendor shall not incur any additional costs under this contract. The County shall be liable only for reasonable costs incurred by the vendor prior to notice of termination. The County shall be the sole judge of "reasonable costs." 3.26 TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING When funds are not appropriated or otherwise made available to support continuation of performance in a current or subsequent fiscal year, the contract shall be cancelled and the vendor shall be reimbursed for the reasonable value of any non -recurring costs incurred amortized in the price of the supplies or services/tasks delivered under the contract. 3.27 TERMINATION FOR DEFAULT The County reserves the right to terminate this contract, in part or in whole, or effect other appropriate remedy in the event the vendor fails to perform in accordance with the terms and conditions stated herein. The County further reserves the right to suspend or debar the vendor in accordance with the County ordinances, resolutions and/or administrative orders. The vendor will be notified by letter of the County's intent to terminate. In the event of termination for default, the County may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement cost shall be borne by the vendor. 3.28 FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity with such vendor held responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 3.29 RIGHT TO AUDIT The County reserves the right to require the vendor to submit to an audit by any auditor of the County's choosing. The Contractor shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The vendor shall retain all records pertaining to this Agreement and upon request make them available to the County for a minimum of three (3) years, or as required by Florida law, whichever is longer, following expiration of the Agreement. The vendor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. Additionally, CONTRACTOR agrees to include the requirements of this provision in all contracts with subcontractors and material SECTION 3 — GENERAL TERMS AND CONDITIONS ITB Number: 17-0606 suppliers in connection with the work performed hereunder. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the CONTRACTOR to the COUNTY in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the COUNTY's audit shall be reimbursed to the COUNTY by the CONTRACTOR. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records shall be made within a reasonable amount of time, but in no event shall the time exceed ninety (90) days, from presentation of the COUNTY's audit findings to the CONTRACTOR. 3.30 PUBLIC RECORDS/ COPYRIGHTS Pursuant to Section 119.0701, Florida Statutes, the awarded contractor shall comply with the Florida Public Records' laws, and shall: 1. Keep and maintain public records required by the County to perform the services identified herein. 2. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the County upon completion of the contract, the contractor shall destroy any duplicate public records that arc exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records in a format that is compatible with the information technology systems of the County. Failure to comply with this section shall be deemed a breach of the contact and enforceable as set forth in Section 119.0701, Florida Statutes. Any copyright derived from this Agreement shall belong to the author. The author and the CONSULTANT shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and all information provided by the CONSULTANT in any deliverable and/or report for the COUNTY's use which may include publishing in COUNTY documents and distribution as the COUNTY deems to be in the COUNTY's best interests. If anything included in any deliverable limits the rights of the COUNTY to use the information, the deliverable shall be considered defective and not acceptable and the CONSULTANT will not be eligible for any compensation. 3.31 GOVERNING LAWS The interpretation, effect, and validity of any contract(s) resulting from this solicitation shall be governed by the laws and regulations of the State of Florida, and Lake County, Florida. Venue of any court action shall be in Lake County, Florida. In the event that a suit is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non jury trial for the adjudication of such suit. 3.32 STATE REGISTRATION REQUIREMENTS Any corporation submitting a bid in response to this ITB shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. A copy of the registration/ application may be required prior to award of a contract. Any partnership submitting a bid in response to this ITB shall have complied with the applicable provisions of Chapter 620, Florida Statutes. For additional information on these requirements, please contact the Florida Secretary of State's Office, Division of Corporations, 800.755.5111 (hM://www.dos.state.fl.usl. 333 PRIME CONTRACTOR The vendor awarded the contract shall act as the prime contractor and shall assume full responsibility for successful performance of the contract. The vendor shall be considered the sole point of contact with regard to meeting all requirements of the contract. All subcontractors will be subject to advance review by the County in regards to competency and security concerns. After the award of the contract no change in subcontractors will be made without the consent of the County. The vendor shall be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. Even if the subcontractor is self -insured, the County may require the contractor to provide any insurance certificates required by the work to be performed. 334 FORCE MAJEURE The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with revisions to Government law or regulation, acts of nature, acts or omissions of the other party, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause may be cause for appropriate extension of the performance period. 3.35 NO CLAIM FOR DAMAGES No claim for damages or any claim other than for an extension of time shall be made or asserted against the County because of any delays. No interruption, interference, inefficiency, suspension, or delay in the commencement or progress of the Work shall relieve the vendor of duty to perform, or give rise to any right to damages or additional compensation from the County. The vendor's sole remedy shall be the right to seek an extension to the contract time. However, this provision shall not preclude recovery of damages by the vendor for hindrances or delays due solely to fraud, bad faith, or active interference on the part of the County. 3.36 TRUTH IN NEGOTIATION CERTIFICATE For each contract that exceeds One Hundred Ninety Five Thousand dollars ($195,000.00), any organization awarded a contract must execute a truth -in -negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete, and current, at the time of contracting. Any contract requiring this certificate shall contain a provision that the original contract price and any additions shall be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract. 3.37 GRANT FUNDING In the event any part of the contract is to be funded by federal, state, or other local agency monies, the vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Vendors are advised that payments under the contract may be withheld pending completion and submission of all required forms and documents required of the vendor pursuant to the grant funding requirements. 3.38 TOBACCO PRODUCTS Due to the acknowledged hazards arising from exposure to tobacco products, and to protect the public and employees' health, safety, comfort and environment, tobacco use is prohibited on any County owned building and property. Tobacco products include both smoking and smokeless tobacco. 19 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES 1T13 Number: 17-0606 ITB TITLE: FiRE EQUIPMENT- PARTS -• SUPPLIES - SERVICE NOTES: • When purchasing on a direct basis, Lake County is exempt from all taxes (Fudural, 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 (gee provision 3.8 for further detail). • The vendor shall not alter or amend any (if the lnibmuttion (including,, but not limited to stated units of measure. item description, or quantity) stated in the Pricing Section, if any quaniiticg are stated in the pricing scelion as being "estimated" quantities, vend me are advised to review the "Estimated Quatllilies" clause contained in Section 3 o{'this solicilalinn. • Any hid containing; a modifying or "escalator" clause not specifically allowed for under the solicitation will not be considered. • Thiit prices shall govern for all set -vices pHeed 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 lilt',solicitation. the vendor has specifically agreed to this condition. • Vendors are advised to visit our website at htti):f/K`wwJaliccottiityll.k:t1y and register its a potential vendor. Vendoi-.K that have registered on-line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. • 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. ACKNOWIXOGE-IMENT OF ADDENDA LNSTRUCTiONS: C:omplctc Part I or Pait 11, whichever applies Part L The bidder must list below the date,; of issue for each addendum received in connection with this iTB: Addendum 111, Dated. Addendum #2, Dated: Addendum #3, Datcd: Addendum #4, mated: Part H.- v'z&t lit 0 No Addendum was received in connection with this YrB. 20 SECTION 4 — PRICING/ CERTII+ICA,rIONSI SIGNATURK'S 1'i'f3 Nu nber: 17-0606 PRICING SECTION — GENERAL INFORMATION (Submit discounts and hourly service rates in Allachmcttt 2 `Pricing Bonn") 1. Warehouse location: f JA� Address:) ��G�. I.Jt� Cad L�►"' +,U i' � �} ✓, ko— 170 City/State/Tp:yy ?od Shc-K 1 &A JU I9 9J Telophonc/lax• _ % ?0 Ail14 2. Shop locutiou: Address., CityiState.°zip: _ TcicplionefFax: 3. Website address for pricelists/catalogs: w� � ��r►� '� pr�u��l-t5 , z� .t°j 4. Standard Warranty: $ e <. AA A I I V r A L 1- u 1- 2 f ',5i n d i t/ e ct ✓ 4 it — S. Lead time: 30 - 4, ci d c� a fl-e f r ev c C , a I' D f Errd e r" 6. Minimum order (if any): rl e _ 7, Handling fee if less than minimum of appliobble): _ 1 ,)A 8. Dues your firm offer pickup and delivery of vehicles and equipment needing repair? Yee No_ Charge fnr dclivcrylpickup: _ A l ii 9. Dues your firm have towing capabilities? Yes No 'towing charges: ri . A _ 10. Will your firm accept Visa Purchasing Cards or U+ Payable form of payment? Yes / No _ 11, Vendor conlacl for emergency and/or disasler service 24 boura+7 days per week: Name:: ?�!C�lrl 11 Telephone:, 7 7 i - S U Cell: ) �4' �i a1 ` ` j 0 12, Exceptions to specifications: Ycs* No * If yes insert a se arate sheet Immediately fn11o»•ing t1& page detailing exceptions. 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 shall b responsible for its own purchases and shall be liable only for materials or services ordered and received by it. [Z Yes ❑ No (Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive perfo ng equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? ❑ Yes [vNo (Check one) Certification Regarding Acceptance of County VISA -based Payment System Vendor will accept payment through the County VISA- based payment system: ❑ 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): Wood SfOG4,: , 6A 2. Does the responding vendor maintain a significant ph ical location in Lake County at which employees are located and business is regularly transacted: El Yes [1 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 vroiectl: General Vendor Information and Bid Signature: Firm Name: l3 e.vnile. ff Firms 5 n Street Address: / 95 51,0 C-ti' Ww )0 r r Sui'itP. 174) —{n/oe d5 k4)c_4 UA ,3018 9 Mailing Address (if different): PO Qoy `/ 56 &A 30199 Telephone No.: 7) U S %1 - U 5 J G Fax No.: IVIA E-mail: h e 1i /J e H7 i 're e a ff. A Q. t FEIN No. 5—g—y�- 1 y 35 31- Prompt Payment Terms: ---'days, net 3 o Signature: -!� ��..� �-�. F Date: ,�y✓e.,s� bey, �c� Zo i _(�__ Print Name: I'SA 11 n .� t� 14 z t Title: Pre 5 d e it t 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: ,( iA j4t,G•,_—' Date: 3• 21-2.011 Printed name: fJA V lyt„ Ni 5 Title: s� r(w 2 �c v t y �. ; t.� [, Q FFt C� 22 SECTION 5 — ATTACH MENTS ITB Number: 17-0606 .. .... .... ..... THE FOLLOWING DOCUMENTS ARE ATTACHED: Attachment l.- Reference Form Attachment 2. Pricing Forni SECTION 5 — ATTACHMENTS ATTACHNFENT 1- REFLKENC'ES ITB Number: 17-0606 e11;ruey 1`" 61 All : t % CU 6, i� • f t G I ` C 1' U Address sZl 3 o 13 -5 P,) �. n d .S� c e. t City,Statu'ZIP ��jj Gl J11(,Z L eaC- '1 ram - 3 3 f Ctmtact Pcrsun f .. U G 15 /7 L S L%'1 J+' :� V/ ,1 L: C- � J n ,V e ixte(s) Of Service e�,vl i cl �� �t lac r '3 #- Pr::,f t.C-+7 VG L f'D �! %ri[ Lc Oq A-A-C-C- Cumtnents: Agency A;e p 60,V,4� -1," 0/ A� lrl f , Addracc Ve. C:ity,Stutr,ZTP �(�;? �j j �L %CtL. 33 C:ontackFenwa / QF4e-r-LAIA t tJe-C.ke, hemc L� c Zs) nt'rvice r pe ofrrrvice S LifY�L� Lis a$ LAO ✓ e- Cuanrwits: A row fy c.tJC Address J049 '4115 i fl JR DA- City.Slal-0j'Til L7Gk_l p-d t 9y i- LI J Contact Person tt - p qJ 5 r! �! G,*, / � i f-S, ! J !t_ Al i• b e t- t s Telephone S I— Al 3 3 -- 9 Y t?,,Z-- nate(s) of Service ") O I f- f w- to 5 e, Type nt• stavitxCr.r9F' Comments: 24 SECTION 5 - ATTAC HM H N TS ATTACHMENT 2 - PRICLNG FORM TTB Number: 17-0606 Current bramk in use by the Fier Rescue Division include the following_ Please complete the following information for those brands supported by your Linn. )into "ye.s" or "no" for stocking* distributor_ if you represent other manufacturers for similar fire-rclatud equipment, parts, or bupplics riot listed, please add the manufacturcr and pricing information in the blank spaces at end of pricing table. Brand 3M C OMI'AWY ABLE SHO ME ACTION AH STOCK Al1tii AJAX ,i5 ON BRASS ALL AMERICAN FJKF HOSE ALUN SYSTEMS ALC1C OLITE AMEREX AMEWCAN FIREWEAR AMERICAN LAFKANCE fjj�lTl1� ANSUL FOAMS AYI 11.RCROFT B & B ENTERPRISES BIO SYSTEMS 13LACKTNT03q BADGES 1301ITON CO BULLARD CALIFORNIA MOLwrAiN C:ARtiS & BROTHER CAST PRODUCTS Discount off List Prl 10 30 25 Hourly Rate I Stocking for Revair Service Distributor? e S e S'Ll ride tf A"Fe. P.- z-t 5 SECTION 5 - ATTACHMENTS CIIARKATE CHUBB (FOAM) C:I l IJRCHVILLE CIRCUL Ali( CODE 3 COLLIN AXES COLLINS DYNAMICS (ROM COUNCIL TOOLS CUTTBI(S F?DGE CW NEILSEN DARLLY & CO DAVID CLAI(K UB SMITH IND1AN TANKS 1)I(:ICR TOOL DRAEGI&R LNGNEF.RED SOLUTIONS DI(L'XFL DUO SAFE.I'Y 1;DINON EDWARDS AND CROMWELL EDWARDS MFG FLKHART BRASS ETI EML•'ROFNCY TECHNOLOGY LXTFNDA LITE (A Ut(_)N) FEDERAL SIGNAI. CORP FII(F HOOKS UNLIMITFT) FIRE POW 1{112F.QUTP 26 TTB Number: 17-0606 SECTION 5 — ATTACHMENTS FOLD Al GF.MTOR ASTER WEHR GLOBE ULOVF,CORP GORMAN RUPP PUMPS HALE FIRE PUMPS IIA- 1KAY REELS HARRINGTON ITA7ARD CONTROL HEBERT HOLMATRO HONLY W N.I.I. PRO HUMAT HUSKY HYDRA SHIELD IOWA AMERTCA JANESVILLE J U 5'1' It ITF. .TV MFG KAPPLER PRODUCTS KOCHEK Koo L1:R MF('r CO LACROSSE BOOTS LIFE LINERS LI NS UNIFORMS I/f IL .s- 27 1TB Number; 17-0606 4- 5 SECTION 5 - ATTACHWNTS LOUTS PRYER LOtiVLI.,I, MAG INSTRUMENTS MANN ,AXE MARS SIUNAL LIGHT MC PRODUCTS GRAN (FLASH) — MORNING PRIDL VISA -_ NATALL (0RC:LE D) NORTH AMERICAN FIRE. HOSE NOVA NUPLA PACIFIC REFLEX PARATL{CH PARTNER PAUL CON1 PEIITCAN PET GL AY SHIELDS PGI I'ROTSXALL PHOENIX (l,FON MOUNTAIN INDUKRILLS PLANO It & B FABRICATORS RANGER RtMBFR RANllilDF. FIREHOSE REDHEAD BRASS REFLEXITR 28 ITB Numbcr: 17-0606 � 1, f.J���i II v. jl°- I S SECTION 5 - ATTACHMENTS RTCE HYDRO CO SCBAS SCOTT AVIATION SEC RITEX SrsNSAHLE MOUNTS SERVUS BOOTS SHF.LBY WOLV ERIIN SNORKEL SOUTH PARK SIGNAL VEHICLE ] CLASS OWE (SPAN INSTRUNLLNI'S) SPUMUIER STERLING ROPE 5U1'rRVAC TNT TOOLS TASK FORCF TIPS SUPEWOR PNEUMATIC TASKMASTER TEAM. EQUIPMENT TELELITL TEMPEST FANS TOMAt� TOPP S TURTLE PLASTICS UNI)ERVVA'TFR KINETICS UNITY LIGHTS VANN?R 29 FIB Number: 17-0606 SECTION S — ATTACHMENTS VERIDIAN VERTX �l?•t•rrat WATEMOU S WELDON 1NHINLF.N ENCTNEEFdN(; WILL BURT WINC:O OF.NERATORS WINDSOL FOAM WC lull N ZEPHYR —im-k1'1C zico C VIJER BRANDS NOT LISTED; lobe �oyt we,,-r ,ai/-AS Mack bo,alvloid r 6 5/ 1 tlo/ieq weM 40,0d 5 6rv V1= 5 Czoir,i:5A75A CA) IA :5 /vl5A Pevt s !0 10 3o. 10 30 ITB Number: 17-0606 9�, r- 5 -_ c 5 e lweg r re P%P-.mitt s 0 0 z — Gighe Iife Limited Warranty for Glove Lifeline Protective Clothing Globe LifeLine, LLC warrants its protective clothing to be free from defects in materials and workmanship for a period of three (37 years from the date of purchase when properly used and cared for. Our obligation under this warranty shall be limited to the repair or replacement, without charge, of any product which is returned to Globe at buyer's expense and is determined by us to be defective in rmateriais or workmanship, brit is otherwise serviceable. This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel following proper emergency medical, rescue or recovery procedures and in accordance with the product's warming, use, inspection, maintenance, care, storage, and retirement instructions. Failure to properly care for the garment will lead to a shortening of the serviceable life. "Serviceable" refers to the general condition of the garment which can be expected to provide at least reasonable limited protection against the hazards from which the garment was designed to protect. "Serviceable life" is the period of time protective clothing, which has been {properly cared for, can be expected to provide reasonable limited protection. "Defects in Materials" refers to weak areas or other flaws caused by irregularities in their manufacture. "Defects in Workmanship" refers to improperly manufaCtUred seams. stitching, or other construction methods. This warranty does not cover wear and tear nor damage from fire, heat, chemicals, misuse, accident or negligence. THIS WARRANT` IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE_ The remedy of repair or replacement for breach of this warranty shall be the sole and exclusive remedy and Globe Lifeline, LLC shall not under any arcurnstances be liable for incidental or consequential damages. 4100 � . �4rlf�-�r�'-�_��_� iii7.i-ivy.,� -oa2_y t 77It 0'1 3 r 1r, wrvvd.glohu fireSo it1,coro 91011 firnf ghfurs1 its 0 910he 6r11rns Q ttfeiiile 0 MOO tbgrRoBf A 610h : Vlfifs limited WBFrfanty for jFIp6e foatbeeaf FfMCHY9 foatifear Globe Footwear, LLC warrants its protective footwear to be free from defects in materials and workmanship for a period of one (1) year from the date of purchase when properly used and cared for. Our obligation under this warranty shall be limited to the repair or replacement, without charge, of any product which is returned to Globe at buyer's expense and is determined by Lis to be defective in materials or workmanship, but is otherwise serviceable. This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel following proper procedures and in accordance with the product's warning, use, inspection, maintenance, care, storage, and retirement instructions. Failure to properly care for the footwear will lead to a shortening of the serviceable life. "Serviceable" refers to the general condition of the footwear which can be expected to provide at least reasonable limited protection against the hazards from which the footwear was designed to protect. "Serviceable life" is the period of time protective footwear, which has been properly cared for, can be expected to provide reasonable limited protection. "Defects in Materials" refers to weak areas or other flaws caused by irregularities in their manufacture. "Defects in Workmanship" refers to improperly manufactured seams, stitching, or other construction methods This warranty does not cover wear and tear nor damage from fire, Feat, chemicals, misuse, accident or negligence, THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The remedy of repair or replacement for breach of this warranty shall be the sole and exclusive remedy and Globe Footwear, t_LC shall not under any circumstances 5e liable for incidental or consequential damages. 4/0g Gwo flafthmrSafts 0 Itur`'s rafftis a fulls hIRL rut 0 r4qua fnQruuirr - Who l;ABfS Lifetime Warranty and Terms of Sale 1, Express Warranty —Cairns products and/or com- ponents furnished under this order carry a Lifetime Warranty against material defects and/or faulty workmanship, with the exception of the helmet shell, which carries 3 5-year shell replacement warranty. Cairns/MSA shall be released from all obligations under this warranty in the event repairs or modifications a re crude by persons other than its own or authorized service personnel or if the warranty claim results from abuse, misuse, or normal wear and tear of the product. No agent, employee or representative of Cairns/MSA may bind Cairns/MSA to any affir- a. Exclusive Remedy —It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of the above warranty, for any tortious conduct of Cairns/MSA, or for any other cause of action, shall be the repair and/or replacement, at Cairns/MSArs option, of any equipment or parts thereof, that after examination by Cairns/MSA ;. Exclusion of Consequential Damages — Purchaser specifically understands and agrees that under no circumstances will Cairns/MSA be liable to Purchaserfor economic, special, indicen- tal, or consequential damages of losses of any kind whatsoever, including bLit not limited to, Notr;Thi-.r.:'.I:rimco-alriscnl'/3 C'url:vlAi HeaJgvirtfFi JC7 i;: cfl ill l hr uIfAdtt_. Fi:.F:7>1 :T:r., Ptt.harl!h.Fs•�2;u USA - .jpnizr31 mil pl!rl`ir:ri.rice '9cj1 .p7 .af jnuu L3039I11t:'S yr_ undri .'i?7 '+nv.v.f.144ri-LUITI i1r;h, :: ern: ar' 1.1 i.Cu:'Jcgr,pr5cMrc rrntcr be used t; un!rli•lrccf unyuali:iEd alvalr i Rau thy? 222. 69dl�ndllal: and 1.0 llrtlil khle I.ra l8!�V-yE1-��pa>! product im.i.ic:A i:r•-, i r al JJII PAL-.Ci odn arr� '::arr, n-2:::t i:1 I:I,icr•l•, I!ismURLI Pl rive SLIu.t.57.'.5i: tho'okighly l rarl,:rd rdmtozd ON o]nt;lct: an,-irk;i:.�ri - Y�f:rrl': atp7r io�,mlr.i.,F :F'1"!> • a i_r u=c erl� r:_r.., iir I r.55A r:�crlm 22 f77<• rd!. �: i� :i `S.. 1 n 11'Ir:se PrrdL u. N.. h1;A Intcmaki—I F':r�ne 4U ir-7 il`4 ID 36o9-o9-MC!]e r12005 rs.: aI:-ac"3q" SI h1SA :0:• Prlr.loa in I iSA. mation, representation or modification of the warranty concerning the goods sold under this contract. Cairns/MSA makes no warranty con- cerning components or accessories not manufac- tured by Cairns/MSA, but will pass on to the Purchaser all warranties of manufacturers of such components. TEAS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTO- RY, AND +S STRICTLY LIMITED TO THE TERMS HERJ50r: MSA SPECfFICALLY 015CLAWS ANY WARRANTY OF MERCHANTABIUTY OR OF fIrNESS FOR A PART;CULAR PURPOSE, are proven to be defective. Replacement equip- ment and/or parts will be provided at no cost to the Purchaser, F.0.6, Purchaser's named place of destination. Failure of Cairns/MSAto successful- ly repair any nonconforr-ring product shall not cause the remedy established hereby to fail of its essential purpose. loss of anticipated profits and any other loss caused by reason of the non -operation of the goods. This exclusion is applicable to claims for breach ofwarmnty, tortious conduct or any other cause of action against Cairns/MSA. D icr s irld repre:entikiues WMIdWidit Ful r-li Ihr� ir&wl.; ro r: rJ 71 l Stirring [ha, Pre $ YJ-C Slnrxl 1036 10-Year Warranty and Terms of Sale 1.The fffectiveDateofthis I&-YearWarrantyfor Cairns"FireNelmetsts lanuaryt.20t5,AllCairnsFireHelmotsmanufacturedonofafterJ�kouary1.2015, shall be covered by the terms Issued under this warranty. This warranty supercedes oily printed or electronic warranties prouided with a Cairns Fire Helmet wh ich was tnanufa ctuTcd on or after January 1, 2015. 2, All Caims Fire Helmets ma+loryctured btfore January 1, 2d1.5, shall be covered by the terms issued underthe previous Warranty. 3, Express Warranty —Mine Safety Appliances Company, LLC (44SA) warrants MSA Cairns Fire I lelincts manufactured on or after January 1, 2015, to be free froin defects in materials andluf faulty workmans hip for a period of ten 00)Years from the date of ma n ufacture by MSA. 4hi5 -,varra 1>:tyapplies In all original assembled corn pc liimts of the fire helmet Mcl trdl ng' sh eH; iTn pact ca p assembly; suspension, retrorefiecti ve trinm; ear laps; and face5hield or gaggle. 4. Release of Obligation5—MISA shall be rdeased from all ON lgatiwis under this wariancy in t 11 P ment that mpairs or mod ificot lonsare made by persons oth ei than its own or auth rizcd service persun n el, or If the warranty claim re-w Its from accld cnt, a Iteration, rnisilse, u r a bus,. PASA makes no warrdnty cvnceming replacement compvne+lts (1-e.ronethat was notpart of the original assembly) ornea3i-certiticid ac€cssories, but will pass oil to the Purchaser a It warranties of mariufacoi rers of such components. This warranty is in Lieu of all oth er warrantles, express, im plied or statuta ry, and is strictly limited to the teTM5 hereof: MSA specifically d isdairns any warranty of merchantability or of fitness fora particular purpose. 5. Exclusive Remedy —It isexpNessly agreed that the Purchaser's sole and exclusive remedy for breach of the above warranty, foranytortious conduct of MSA, or for any other cause of action, shall be the repair andlor ieplacemenr, at htSA's option, of any equipment or parts thereof, that after ex,,kminatian byMSAarw proven to bo defective, Replacement equipment andlorparts will be provldnd at no cost to the Purchaser, P.O.B. Destination, Freight Prepaid, to the purchaser's named destinatlnli. Failure of MSA to successfully repair any nonconforming produrt shall not cause the remedy established hereby to fail of its essential purpose. 6. Exclusion of ACCeSSOFies—Accessories are not a part of the certified product but could be attached to the certified product by a means not engineered, manufactured6, orauthor'rzed bythe nmanuFacturrr_ MSACairnsHelmet Acces.;ories madeavaitablefnr purchaw by VISAare excluded from thiswarranty- NISA Cairns Helmet Accessorles includeare but not limited to: front -piece holders, front-pleces, front -piece bracket5, alld Rourkcs. 7, Emrclusion of Consequentlel Damages'Purcha5erspeclflcallyunderstandsand agrees that under no circumstarmces will MSA be liable to Purchaser for (. con ami rY specialr i n dIcental, OF Consequential d arnag es or losses of any kind wha tsoCver, ind ud inq but riot 1l ril term to, loss of anticipated pro n is and any ath er I oss caused lay reason of the nu n-operation of the goods. Th is exclusion is applicable to cl aims for breach of wa rranty, tortious con duct OF any other Cause of action against MSA. This warranty is in lieu of all othm warranties, expressed, Implied, or statutory induding, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. In addition, M5A expressly disrlalrns any liability for economic, special, incldental, or conseq uential damages in any way connectedmellth the sale or use of MSA products, including, but not limited to, loss of anticipated profits. H. WA TCscrYes the right to revlew and update the warranty terrar, as needed, to complywitli op;plimblt laws or Standards. mm -1ha5aFeLf Campariy rA, fit Camda 1000 Crerbn, r S:C<dn D-M, Ft,m,e 1-5 0i72.27r. ati rfi 4r\ Cmnb"T4om,.Nr�Ph Irono Fa. I. W.0 ir,7 u:M ♦ + r Frnnn� IA u4.0W} vrxwMS.{s8relp,com M30. GaxI04 fu',r 816:9 572 722? r:• U.S. CIIStarnerSSMeaeAntcr rat P44717779ti Phanr 1 WA3Ai1-22i2 M50. Intarnallonal tt .... M1 Fax I-P)457-ms Phone 724-1744626 .......... .. .,..•............ . ID 3500-72-MC IFebruary 2015 ldlfree 1•aaa-en-r+rr ifaB Safetylampr�ny 0 t.1S0.2015 r'rinlad Id USJS. Fax 124 M4 -1353 :S .. .. S. ...... . .... .