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Res No 025-18-15057RESOLUTION NO: 025-18-15057 A Resolution authorizing the City Manager to purchase a new standby generator from Tradewinds Power Corp. for the Public Works facility through piggyback agreement onto the Florida Sheriffs Association Contract and to declare, and dispose of, the City's inoperable standby generator as surplus. WHEREAS, Public Works has a standby generator that had the capacity to power the entire Public Works facility but it sustained damage due to Hurricane Irma; and WHEREAS, the damage sustained caused the standby generator to be inoperable; and WHEREAS, Public Works has been using a small portable generator to provide limited power since the hurricane when the need arose; and WHEREAS, the portable generator does not have the capacity to provide power for the entire Public Works facility; and WHEREAS, the Florida Sheriffs Association has solicited bids for equipment, including standby generators, in a manner that is at least as competitive as required by the City Charter and, as a result, the Association has awarded a contract to Tradewinds Power Corp. under Contract No. FSA17-VEH15.0 WHEREAS, Public Works desires to purchase a new standby 60KW generator through a piggyback agreement onto the Florida Sheriffs Association Contract No. FSA17- VEH1S.0 and to declare the current standby generator as surplus; and WHEREAS, the expense for the new generator shall be submitted for reimbursement by the City from the Federal Emergency Management Agency (FEMA); and WHEREAS, the expense of $44,610 plus a contingency of $2,230 for a total of $46,840 will be charged to Account 301-1340-S13-6430, Capital Equipment with a balance of $180,000 prior to this request. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to purchase a new standby generator from Tradewinds Power Corp. for the Public Works facility to replace the current generator which sustained damage due Hurricane Irma through piggyback agreement onto the Florida Sheriffs Association Contract No. FSA17-VEH1S.0 for an amount not to exceed $44,610, to expend a maximum of $2,230 due to unforeseen circumstances, to Page 1 of 2 Res. No. 025-18-15057 declare the current Public Works standby generator as "surplus" and authorize the City Manager to dispose of the surplus item in accordance with Section 2-4.7 of the Code of Ordinances. A copy of the piggyback agreement is attached Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this20t~ay of February, 2018. ATTEST: APPROVED: ~/M£~ COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Gil: Page 2 of2 4-0 Yea Yea Yea A:tllpent Yea THE CITY Of PLEASANT UVII'IG con Of ~OUTI=!I MHAIMiO OfFOCE OF THE CDn IMlAfNlAGER ONTERaOFlFlCIE MEMORANDUM To: FROM: DATE: The Honorable Mayor & Members of the City Commission S~even Alexander, City Manager February 20, 2018 Agenda Item NO.:1. SUBJECT: A Resolution authori2fing the Cotty Mamilger to purch2~e SI new standby generltol(' from °Tfadewlnds Power Corp. fuJi" the Public Woms facility through piggyback agreement!: onto the lF~oridCl Shell'offs AsSiocBilto@1JU C@li"illi:raJct and to dedareg 2111'ild dispose @fjJ the CUys ~1I'il@perilble standby generatorr as surpius. ~CIJ(GROUNID: The Public Works facility including fuel pumps have a permanent standby generator on premises to supply electrical power during an emergency and power ° outages. The current standby generator sustained damage during Hurricane Irma aond is in operable. Public Works has been using a portable generator to supplement power should the need arose. To rectify this situation, a new replacement 60KW standby generator is recommended for purchase from Tradewinds Power Corp. through a piggyback agreement onto the Florida Sheriffs Association Contract No. FSA17-VEH1S.0. The purchase includes removal of the current standby generator. In accordance with the City's Surplus Ordinance 2-4.7, the current standby generator is recommended to be declared surplus. Any personal property that is classified obsolete, or no longer economic;:al 011' efficient to keep, or that serves no useful function for any activity or in any location within the City, needs to be declared as "surplus" by the City Commission. The City of South Miami Code of Ordinances states that all personal property owned by the City shall not be sold unless and until it is declared to be surplus property by resolution ofthe city commission. The City Manager is recommending that the current standby generator located at the Public Works facility be classified ° as "surplus" as the current standby generator serves no useful function for any activity or in any location within the City and should be sold to the highest bidder by way of a City auction. AMOUNT: ACCOUNT: CRn OF SOlUlTH MDAMU OIFIFUCE OIF TH.E eoTY MANAGER HNTIER·OFFICE MEMORANDUM The cost for the replacement standby generator and installation, including removal but not disposal, is $44,610. An additional amount of $2,230 for contingency will apply should any unforeseen issue arise, for a total pf $46,840. The City has filed an application request for reimbursement's cost from FEMA. $44,610 plus $2,210 Contingency 301-1790.-519-6450, Public Works capital ~qulpment, with a balance of $1,078,354 prior to this request. ATTACHMENTS: Resolution Piggyback Agreement, Tradewinds Power Corp. Section 2-4.7 titled I'Surplus City-owned property" 8 CONTRACTFOR ____ ~ .. - THIS AGREEMENT made and entered into this ::.-,,2 i !Ciay of . (~-\,::v \/~(};, /. 20 -, ?i by and between the City of South Miami, a Florida municipal Corporation by and thtOugh its City Manager (hereinafter referred to as "City") and TradewiDds Power Com •• , (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the Florida Sheriffs Association CFSA) solicited bids pursuant to iTB No. FSAI7-VEHIS-O , for CAB &: CHASSIS TRUCKS & OTHER FLEET EQUIPMENT; and WHEREAS, the Florida Sheriffs AssoeiatiOBl (FSAl, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the JFIloU'ida Sberiffs Association <FSAl, Contract with Contractor; and WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to piggyback off of cOntracts, such as the contract in question between Florida Slaeriffs Association <PSA)' and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the City of South Miami; and NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official. agree as follows: 1. The City desires to enter into a Contract, under the same provisions as set forth in the contract between Florida Sheriffs Association mAl and Contractor pursuant to lTD No. FSA17-VEBl5-8. as modified by this Agreement. 2. The City has reviewed the contract between Florida Sheriffs AssoeiatioD (FSAl and Contractor and agrees to the provisions of that contract which shall be applicable to a pure. order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made during the term of this Agreement, under the same price(s), terms and conditions as found in the solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the Award, pertinent copies of which are attached hereto as Attaehment A and made a part hereof by reference. 3. All references in the contract between Florida Sheriffs Assoeiation lFSAl and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of Florida Sheriffs . Association llSAl, as set forth in the contract between Florida Sheriffs Association (fSAl and the Contractor, shall all be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the Florida Sheriffs Association llSAl IITB No. FSA17-VEHIS-O and and/or the contract between Florida Sheriffs AssociationlFSAl and the Contractor to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. Page 1 of<li Thomas F. Pepe -1.23.18 4. Term. The tenn of the contract, including all extensions authorized by the contract shall not exceed five years. s. Scope of Goods and Services. The scope of goods and/or services (which may hereinafter be referred to as the "Work") are set forth in Attachment A and any attachments thereto and the City's purchase order, the latter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman like manner and in accordance with all state, county and City laws, at the locations, if any, designated by the City. All of the goods and/or services reflected in Attachment A shall, unless otherwise stated in the Attachment A or B, be delivered and/or commenced within N/A days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived. 6. Contlrad PIlice. The contract price for the good and/or services is set forth in Attacbment B. If not otherwise set forth in the contract between IFBorida Sheriffs Association CFSAl and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and, if inspection is required by the contract documents, after final inspection and approval by the City. 7. Precetllellll~. The term, provisions and conditions of this Agreement shall take precedence over the terms of the contract between Contractor and Florida Sheriffs Association <FSAl. a. GnDt lFuBldfing: This project is being funded by ~ and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the terms of the grant. A copy of the grant, if any, is attached hereto and made a part hereof by reference. 9. PubBie Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.o701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, Under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency 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 in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law 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; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are 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 public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the infonnation technology systems of the public agency. iJF THE CONTRACTOR HAS Page 2 or6 Thomas F. Pepe· 1.23.18 QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TIm CONTRACTOR.'S DUTY 1'0 PROVIDE PUBLIC RECORDS RELATING TO TmS CONTRACT, CONTACT TIlE CUSTODIAN OF PUBLiC RECORDS AT 305-663-6340; E-mail: mmenell1dez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract DoCuments or the performance of the Work thereunder. 11 1. Validity of EXe4:antOOI Copies: This Agreement may be executed in several counterparts, each of which may be construed as an originaL lll. Notice: All notices to the City shall be sent to: Cuty Manager, 6130 Sunset Drive, South Miami, Florida 33143. 13. Attoneys9 JFees mod Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. ll~. IndemnificatiolDl: Notwithstanding anything contained in the contract between Contractor and the Florida Sberiffs Association (F§A) to the contrary, the City does not waive its sovereign immunity granted by Florida Statutes, Section 768.28, and the City's tort liability shall be limited to the waiver of sovereign immunity provided for in Section 768.28. 15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such tenn Oil" provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF? and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. Ft?A"'lO Molf~ (type name and title of signatory above) Pagelof6 Thomas F. Pepe -1.23.18 Read and Approved as to Form, Language, Legality and Execution Thereof. ~~ By: ~ Thomas F. Pepe City Attorney Thomas F. Pepe -1.23.18 ~----- Page4of6 FLORIDA SHERIFFS ASSOCIATION P.O; BOX 12519 TALLAHASSEE, FLORIDA 32317-2519 Florida Sheriffs Association Invitation to Bid Cooperative Purchasing Program Bid FSA17-VEH1S.0 Bid Number: Bid Title: Mandatory Pre-Bid Meeting Pre-Bid Conference to be held at Electronic Responses Due: Paper Documents Due: (sealed bid$) Sealed Bid Submittals Received at: FSA17-VEHi5.0 Cab & Chassis Trucks & Other Fleet Equipment June 23, 2017 -9:00 AM EST Falkenburg Road Jail Assembly Room 520 North Falkenburg Road Tampa, Florida 33619 September 6, 2017 at 12:00 Noon EST September 8, 2017 by 5:00 PM EST FLORIDA SHERIFFS ASSOCIATION Attn: Cooperative Bid Coordinator 2617 Mahan Drive Tallahassee, FL 32308 The Florida Sheriffs Association' and the Florida Association of Counties invite' interested vendors, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the "Contract Administrator" in the solicitation process and the administration of the resulting contract. The purpose of this bid is to establish a twelve (12) month contract, beginning October 1, 2017 and ending September 30; 20i8"with manufacturer's authorized dealers for the purchase of 2017-2018 vehicles, trucks and heavy eqUipment on a "no trade-in basis." ALL prospective bidders are required to attend the MANDATORY Pre-Bid Meeting. \ ! , L i ! I I I I \ I I I i I ; ! , ADVERTISEMENT Cab & Chassis Trucks & Other Fleet Equipment· BID NUMBER: . FSA17-VEH15;0 The Florida Sheriffs Association and Florida Association of Counties invite interested bidders to submit bid proposals for 2017-2018 Cab & Chassis Trucks & Other Fleet Equipment. This contract shall be awarded to the lowest and best responsive bidder by specification, by manufacturer, by zone. . . . No bidder may withdraw his bid for a period of sixty (60) calendar days after the . date set for the Posting thereof. . Bidders are hereby advised that the Florida Sheriffs Association reserves the right to reject any and all bids, or separate portions thereof, and to waive any irregularity, technicality or omission if the FSA determines that doing so will serVe in the FSA's best interest. The FSA may also reject any Response not submitted in the manner speCified by the solicitation documents. FLORIDA SHERIFFS ASSOCIATION ~Q.~ By: ______ -:_ ~_-~_'_ Steve Casey FSA Executive Director PUBLISH: FSA Website April 10, 2017 I ) I I ! ! I I i I ATTACHMENT A CONTRACT FOR CAB & CHASSIS TRUCKS & OTHER FLEET EQUIPMENT • Bid Award Summary & Notice of Award • . Bid Award Announcenient #FSA17 -VEH1S.0 • . Cooperative Purchasing Program, Scope of Services & Terms . Conditions PageSof6 Thomas F. Pepe -1.23.18 I- I I \ i 1 BID AWARD FSA17_~VE-H15~O Effective Dates: October 13, 2017-September 30,2018 Cab & Chassis Trucks and Other Fleet Equiqinent Cooperative Purchasing Program Coordinated By The Florida Sheriffs Association & Florida Association of Counties i r 11 I I I ! • t ~ ~ ~ ~ Protecting, Leading & Uniting .. .since 1893" FLORIDA SHERIFFS ASSOCIATION 2617"Mahan Drive, Tallahassee, Florida 32308 P.O. Box 12519. Tallahassee, Florida 32317·2519 Date: October 1, 2017 To: All Perspective Participants From:" Steve Casey, Executive Director Sarrah Glassner, Deputy Executive Director Annette Grissom, CPP Manager Greg Tish, CPP Coordinator Re: Contract Number FSA17-VEH1S.0 Cabs & Chassis and Other Fleet Equipment p: (SSO) 877-2165 f: (850) 878-8665 www.flsherlffs.org II IJ We are pleased to announce that the Florida Sheriffs Association Cooperative Purchasing Program has successfully completed its 25th nationwide cooperative bid for heavy duty trucks and equipment. This contract is in effect beginning October 13,2017 through September 30,2018. This year's bid includes 78 specifications and 318 makes and models. It offers police rated, special service, administrative, hybrid vehicles, pick-up trucks, vans, mobility transport and police motorcycles. The competitive process for this award began in January 2017, when stakeholders were surveyed regarding" procurement needs. Specifications were developed based on prior year activity and new additions were added based on survey results and the Fleet Advisory Committee's review of commodities. On April 10, 2017, a direct notification was sent to 511 prospective bidders to register for qualification to participate in the bid process. An advertisement of the Invitation to Bid was placed within the Florida Administrative Weekly on June 1, 20i7 and again on June 20, 2017. From this Invitation to Bid, 103 bidders responded. Of these respondents, 72 bidders submitted bids and 70 bidders were awarded after a review by the FSA Fleet Advisory Committee. The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions to procure this contract, and requires that all users, both purchasers and awarded vendors comply as well. Contract prices are extended and guaranteed to any local government or political subdivision of the state, public educational institutions, other public ag"encies or authorities with the State of Florida, and entities approved by the manufacturer to participate in this contract. Out of state sales are permitted under this contract. All purchasers are bound by their local governing purchasing ordinances, rules and regulations. All awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions. List of Awards for FSA17-VEH1S.0 Cabs & Chassis and Other Fleet Equipment: ACF Standby Systems AG Pro Companies LLC Alamo Industrial Alan Jay Chevrolet Buick GMC Cadillac Alan Jay Chrysler Dodge Jeep of Wauchula Ameri-Recreational Sports,LLC AutoNation CDJR Pembroke Pines Bandit Industries Big Benq Chevrolet Buick LLC Bobcat Company Clark Equipment Coggin Ford Container Systems & 'Equipment Co.,.lnc • . Cowin Equipment Creel Tractor Company Deland Truck Center Inc Doosan Portable Power Duval Ford LLC Environmental Products of Florida Everglades Farm Equipment Federal Contracts Corp Flagler Co!1struction Equipment, llC. Florida Utility Trailers Inc. Four Star Frelghtliner Futch's Tractor Depot General GMC Trucks Sales and Service General Truck Equipment & Trailer Sales, Inc. GHC Motorsports Glade & Grove Supply Co LLC Godwin Pumps of America GS Equipment, Inc. Isuzu Truck of Ocala It-s Kelley Buick GMC, Inc Kelly Tractor Co Kenworth of Central Florida Kenworth of Jacksonville Kenworth of South Florida lou Bachrodt Freightliner Maudlin International Trucks . , Menzi USA Sales, Inc. Mid Florida Dlesel,lnc. Morbark, LLC 21Page Nextran Truck Centers Nortrax, Inc. Orlando Freightliner Palm-Peterbilt Truck Centers Inc. Palmetto FOrd Truck Sales, Inc. Pantropic Power Pat's Pump & Blower Pro Maintenance/Messina Truck Center -Rechtien International Trucks Inc. Ridge Equipment Co. Inc. Rush Truck Center· Tampa Southern Sewer Equipment sales Southern States Toyota Lift Stingray Chevrolet Sun State International Trucks Suzuki of Sarasota Tampa Truck Center Terrain King Texas Trailers sales and Service Thompson Pump & Mfg. Co. Inc. Tradewlnds Power ~rp Trekker Tractor LLC Truckmax, Inc. Trucks & Parts of Tampa Venture Products, Inc. Vermeer Southeast Sales & Service, Inc. Weedoo Greenboat, inc. Zabatt Power Systems .- 31Page I [ \ I -I I I . __ .. _______ . __ .... _________ --............ -----=. .. ~ .. ~------. "'""""..:...~ .. -·--________________________________________ w. _. ___ • ___ "~.=_.~_ .. ~~. DBA ACF Standby Systems AG Pro Companies llC Alamo Industrial Alan Jay Chevrolet Buick GMC Cadillac Alan Jay Chrysler Dodge Jeep of Wauchula Ameri-Recreatfonal Sports,LLC AutoN.tion CDJR Pembroke Pin.s Bandit Industries Big Bend Chevrolet Buick LLC Bobcat Companv Clark Equipment Coggin Ford Container 5ystell\$ & Equipment Co., Inc. Cowin Equipment Creel Tractor Companv Deland Truck Center Inc Dobbs Equipment (previously Nortrax) ooosan Portable Power Duval Ford LLC Environmental Products of Florida Everglades Farm Group Federal Contracts Corp Flagler Construttlon EqUipment, LlC. Florida Utility Trailers In(.. Four Star Frelghtliner Futch's Tr.ctor Depot General GMC Trueks Sales and Service General Truck Equipment & Trailer Sales, In(.. GHC Motorsport5 Glade & Grove Supply Co LLC Godwin Pumps of America GS Equipment. Inc. Isuzu Truck of Ocala It-5 Kelley Buick GMC, Inc Kelly Tractor Co Kenworth of Central Florida Kenworth of Jacksonville Kenworth of South Florida lou &achrodl Frellhlliner Maudlin International Trucks MenZi USA Sales, Inc. Mid Florida Dles.l, Inc. Morbark, LlC Nextran Truck Centers Orlando Frelghtllner Palm Peterbllt Truck Centers Inc. Palmetto Ford Truck Sales, Inc. Pantropic Power Pat's Pump & Srower Pro Maintenance/Messina Truck Center Rechtien International Trucks Inc. Ridge Equipment Co. lijc. FSA17-VEH1S.0 Cab Chassis Trudes and Other Equipment Awarded Vendor Directory 9311 Solar Drive Tampa Fl 33619 carlos 1695 NW 63RD ST Ocala Fl 34475 Michael 1502 East Walnut Seguin TX 78155 Nathan 441 US HWY 27 North Sebrina Fl 33870 Chris 1405 US 17 South wauchula 4422 HWY 441 North Okeechobee 13601 Pines Boulevard Pembroke Pines 6750 Millbrook Road 1424 N Young Blvd 250 East Beaton Dr. 2905 Shawnee Industrial Wav 9650 Atlantic Blvd, 506 Bellevue Ave, 7950 Pittman Avenue 3771 Palm Beach Blvd. 1208 South Woodland Blvd 2730 S. Faulkenburll Road 1293 Glenway Drive 1616 Cassat Ave 2525 Clarcona Road 906 US Hwv 301 North U918 N Nebraska Ave 8418 Palm River Road 8139 State Road 33 N 4765 capital Clr NW 8515 State Road 207 North 360 South Military Trail 5310 Broadway Ave 614 US HWY 27 S 1006 S Main street 202 Winston Creek Parkw.y 1023 South 50th Street 3950 W Hwy 326 27800 Old 41 Road 255 W. Van fleet Drive 8255 NW 58th Street 1800 N. Orange Blossom Trail 833 Plcketteville Road 2909 S. Andrews Avenue 2840 Centerport Circle 2300 S Division Avenue 1850 Fairbanks St~t 2215 HWV 69 East 8507 S. Winn Road 1490 NW 22nd Street 24555 Orange Blossom Trail 24415 State Road 7 7245 NW36St 8205 NW 58th Street 2141 West Church St 431)1; e. columbus Dr. 3787 Interstate Park Road 6820 US HWY 27 N Remus Chiefland WfI$t Fargo Suwanee Jacksonville D~vtona Beach Pensacola Fort Myers Deland Riverview Statesville Jacksonville Apopka Palmetto Tampa Tampa Lakeland Tallahassee Hastl.". West Palm Beach Jacksonville Lake Plaad Belle Glade Lakeland Tampa Ocala Bonita Springs Bartow Miami Orlando jacksonville Fort Lauderdale Pompano Beach Orlando Lakeland BaI1'clW .. Wlnn Pcml'ano Beach Aoopka Fort Lauderdale Miami Miami Orlando Tampe Riviera Beach Sebring FL FL Fl MI FI NO GA Fl FL' Fl FL Fl fL Ne Fl FL Fl Fl FL Fl Fl FL Fl Ft Fl FL Fl FI FL FL FL Fl Fl Fl Fl FL FL Fl Fl MI FL FL Fl Fl FL Fl Fl FL Fl 33873 Chris 34972 Bill 33027 Steve 49340 Brenda 32626 Bob 58078 Randy 30024 Matt 32225 Elizabeth 32114 William 32534 Jonn 33916 Brian 32720 Howard 33578 Dave 27011 Kristl. 32210 Matthew 32703 Jeff 34221 Mark 33612 Steve 33619 WIlliam 33809 Phares 32303 lael, 32145 Shawn 33415 Leonard 32254 Joel 33852 Cory 33430 Ken 33810 Glenda 33619 Marc 34482 Bob il4US Robert 33830 Kyle 3:1166 Greg 32804 Richard 32220 Ed 33316 Nelson 33064 Drew 32805 Chuck 33805 Paul 33830 Joe 48896 larry 33069 Anthony 3Z103 Bob 33317 Rudy 33166 Charlie 33166 Grel 32805 Steve 33605 Dave 33404 John 33870 Scott Aceituno 813-621-9671 407-450-5392 •• ceituno~.cf"owe .com Sleeper, III 352-351-2383 352-59&-0041 MSLEEPe~iIilAGPROCO.COM MOQYlemba 941-722-3281 830-372-9637 atlilalamo-erouo.com WiI.on 863-402-4234 863-381-3411 chri •. wn...,n, b.lanlav.com Wilson 863-402-4234 863-381-3411 ~ris.wils<>n alan av.com Conner 863-484-0912 863-484-09U ar!ll9wer99 Pvahoo.com Henry 954-441-2034 954-383-1009 Unt 80j)-952-0178 678-576-7887 Meredith 352-507-5063 941-73HI188 Fuss Ganoser Miller Young Edwards Creel Williams Walsh WIllett Forte Haase Ricke Cannon Acuff Howard Sadler Desanti Overfield Cole Holoweekv Young Young Scharpnick Bachman Davis Bennett Smith Costello Manlnez Ellison Calhoun Meadows Antonini Burkholder Abatecola Scharpnlck Mangino Jr. Rodgers Bennett Newman Hecklit,er Bradley Bradley 701-241-8746 67&-714-6429 904-725-3060 38&-253-5555 . 850-479-3004 2!1!1-694-2185 386-734-8740 239-334-3&27 704-833-3772 904-387-6541 407·798-0004 904-737-6000 863-984-5151 B50-701~163 904-692-3673 551-686-8906 904-389-5541 863-699-2453 561-996-3095 863-682-a8oo 813-284-4971 401-295-3846 239-495-9898 863-534-1561 305-592·53&0 407-425-3170 904-739-2296 954-523-8484 407-375-3304 407-295-9777 863-603-7979 863-519-0517 941-739-2072 954-793-7010 407-295-3846 954-584-3200 305-470-1334 305-592-5360 407-841-7867 813-623-1113 561-882-9545 863-382-4157 701·371-4263 281-381-6:a22 904-705-5954 386-451-5531 850-685-7055 239-82~2408 386-$01-4187 23!H49-7488 704-650-0340 904-50~9682 352-427-6621 813-478-2145 407-256-6475 904-303-3435 863-984-5152 850-508-&214 386-937-4477 561-373-1801 904-$60-3784 863-243-2785 561-703-2644 813-355-6042 941-809-8703 407-509-6651 U!I'2S()'o773 863-89~3843 186-229-7037 407-341-6637 !104-588-8!199 407·375-3304 407-466-1074 863-510-8232 863-944-0400 941-928-6903 954-793-7010 407-509-6651 954-817-8058 305-972-7133 786-2~7037 941-232-3298 813-966-7069 561-818-4374 863-l81-snl fleet1luy@comcast.net ItirendalintllDba m blda@bll!bendchevroletbu··ok.com randyJuS5@doosan.com matt.gansser@doosan.ccm EMlllER1!1ilCOGGINAUTO.COM jedwaros@cowln.com brlantiilcreeltractor.com hcwardtlildelandtruclccenter.com dave.walshtl1lnortra)(.com krl<tle. wlilettllildoo ... n .com matt.forte@duvalfleer.com ·h ••• etlilmveoe.com mgulick@efe1963.com steve@federalcontractscorD.com bcannon@fls2Ierce.com Icacuff~flut litv.com ackh@fourstarfrei2htliner.com shawn@futchsdecot.com ·Jdesantillieenerall!mc.com oellsene(all&ao .com co e .• hcfl@vahoo:com kenhtlileladeand.rove.<om lenda. vou c.com marc@g.seguiprnent.net bseh.rpnick@orlandofreiehtlin .... com bob(l!lwb/lswn.com kdavls@kelleybulclcgmc.com reI! bennetttlilkellvtractor.com r.smlthallkwcf.n&t EDCOSTEllO@KWJAX.COM IMARTINEZl81K~NWORTHSF.COM l!eor2eordrewt&laol.com ccal/loun@maudl]ol!111 ~.m I pmeadowstlilmenzlusa com oetli>mldfiorldadlesel.com larry.burkholder@morbark.com aabatecola@neXtran:;orp,com bs~harpnick@or andofrefJ!l!rllner.com· IrmaMlnoillloalmtruck.com crod@ers@palmettotruck,com reE!' bennettlSllc.elhllractor.com atsDumD(Ii)aor.com· SALES@MESSINATRUCKCENTER.COM '~.@.rechtien.com sbradley@rldge-eguipment.com ._ ........ ~ .... _._ ... __ ... __ .. '-_. _____ . __ N....:--.---~" Rush Truck Center. Tamoa 8111 East Adamo Drive Ta""'. Southern Sewer Equlp,,","t Sales 3409 Industrial 27th Street Fort Pierce Southern States TovotaUft 560 Cynthia Street Ja,ksonitille StingravChevrolet 2002 N. Frontage Rd Plant CIty Sun State International Trudcs 6020 Adamo Dr: Tamol Suzuki of Sarasota/Sarasota Fun Machines 4583 Claric Road Sarasota Tampa Truck Center 7528 US HWY 301 N Tampa Terrain KIng 1502 E. Walnut 5t 5111uln Texas Trailers Sales and Sl!fYlce 5601 NW 13th Street GalnesvHle Thompson Pump " Mfa. CO_Inc. 4620 City Center Drive Port Orange Tradewind. Puwer COrD 600 State Road 66 Sebrlna Treldcer Tractor LLC 12601 W. Okeechobee Rd. Hialeah Truckmax, Inc. 6000 NW 77th Court MiamI Trucks & Parts of Tampa 1015 S. 50th Street Tampa Venture Products, Inc. 500 Venture Drive Orrville Vermeer Southeast Sales & Service, Inc. 4559 Old Winter Garden Road Orlando FSA17-VEH15.0 Cab Chassis Trudcs and omer Equipment Aw.rded Vendor Directory FL 33619 Steve Bell FL .. 34946 Bill Stinson FL 32254 Shane Polson FL 33563 "Malic" Peter Popiel . FL 33619 carlos COrrea Fl 34233 Jim Tilton FL 33637 Scott Endrls TX 78155 Nathari MoczvRemba FL 32653 Rick Crllft FL 32129 DavId Perry FL 33875 Bill Fenner FL 33018 RaiiiiY Shearin FL 33166 Guillermo Chez FL 33619 Blake Hamilton OH 44667 Ryan . Miller FL 32811 Dan Rockefeller Weedoo Greenboat. Inc. 8100 Belvedere Road, Unit 10 West Palm Beech FL 33411 Chris Douala. Zaball Power Systems 4612HWYAve Jaclcso.nvtlle FL 32254 Jeff Burke _tdl/l/III 813-559-2324 321-205-7143 IbeIls@rushenterDrises.com .772-595-6940 772-216-2173 . nlewer.com 904-764-7662 . 904-588-8579 sPQlsondDsslllft.com 8tH73-l001 407·ZU·7600 Im.slcoole 941-3300-7.840 941-3a0-7840 carlos.corre.dDsun5latelntl.com 941-925-0376 941-525-4268 Ilmlilton77l1i1oma I.com 813-262-0890 Bl3-2'3-0866 23!1-964-2185 8:10-372-9637 n amO-RrOUD.eom 352-378-4756 352-222"'665 ri.l<ililtA.a ..... Uer.II.<om 800-767-7310 . 386-527-3265 uroD.com 225-360-5009 225-360-50'" bfennerililtradewind-er.eom 305-821·2273 813-5115-0795 Randv.ShearlnIlDTrRkkerGrnuD.<nm 305-777·9000 305·720-4501 GCHEZIIiilTRUCKMAX.COM 813-247-&637 81HI17-9263 blakel&llrucksandDarts.c.om 3i1O-683·007S x 23a5 SAlE5@VENTMC,CQM 407·648-1145 407-808-9296 danrockefeJlerdDvermeersoutheast.com 561-508-8235 520-250-7070 I <hrl<OlDw ... donbD.ts com 904-838-0449 904.a38-0449 I ieff.burkellilzabatt.c.om .~~.-~---."-----_._._-----r-----.---. FLORIDA SHERIFFS ASSOCIATION Contract: FSA17-VEH1S.0 Cab and Chassis Truck and Other Fleet Equipment Contract; FSA17-VEL25.0 Police Rated, Administrative} . Utility Vehicles, Trucks and Vans Contents FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 1.0 GENERAL CONDITIONS ................................................................................................................................ 5 1.01 BID CORRESPONDENCE .................................................................................................................... 5 1.02 PURPOSE ....................................................... : .................................................................................... 6 1.03 TERM OF CONTRACT .......................................... ; .............................................................................. 6 1.04 ESTIMATED QUANTITIES (Vehicles and Equipment) ........................................................................ 6 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER .................................. ; .......................................... 6 1.06 ' COOPERATIVE PURCHASING ............................................................................................................. 7 1.07 FUNDING ................................ · ........................................................................................................... 7 1.08 CURRENCY .................................... ~ .................................................................................................... 7 1.09 GENERAL DEFINITIONS ..................................................... , ................................................................. 7 1.10 ELIGIBLE PU.RCHASERS OF CONTRACT .............................. ~ ............................................................... 9, 1.11 LEGAL REQUiREMENTS ...................................................................................................................... 9 1.12 PATENTS & ROYALTIES ..................................................................................................................... 9 1.13 FEDERAL AND STATE STANDARDS .................................................................................................... 9 1.14 UNDERWRITERS' LABORATORIES .............................................................. ; .................................... 10 1.15 AMERICAN WITH DISABILITIES ACT ................................................................................................ 10 1.16 REASONABLE ACCOMMODATION ................................................................................................... 10 1.17 MINORITY BUSINESS ENTERPRISE (MBI) ....................................................................................... 10 1.18 ANTI-DISCRIMINATION ................................................................................................................... 10 1.19 BEST COMMERCIAL PRACTICES ...................................................................................................... 10 1.20 PUBLIC ENTITY CRIMES (PEC) ......................................................................................................... 10 1.21 TAX EXEMPTION ............................................................................................................................. 11 1.22 TAXES .............................................................................................................................................. 11 1.23 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ................................................................... 11 1.24 COMMUNICATIONS ........................................................................................................................ 11 1.25 CLARIFICATION AND ADDENDATO BID SPECIFICATIONS .............................................................. 11 1.26 SIGNED BID CONSIDERED AN OFFER ................................................................. , ............................. 12 1.27 ASSIGNMENT OF CONTRACT .......................................................................................................... 12 FSA Cooperative Purchasing Program 2017-2018 Page 1 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions R~8'4-2017 TERMINATION OF PRODUCT LINE ................... :; ................................................................. : ............ 12 METHOD OF AWARD ...................................................................................................................... 12 DEMONSTRATION OF COMPETENCy .............................................................................................. 13 VENDOR ABILITY TO PERFORM ...................................................................................................... 13 FINANCIAL RESPONSIBILITY ......................... ; .................................................................................. 13 QUALITY AND SAFETY ..................................................................................................................... 14 NONCONFORMANCE TO CONTRAcT CONDITIONS ........................................................................ 14 WAIVER OF INFORMALITIES ........................................................................................................... 14 GRATUiTIES ..................................................................... : ............................................................... 14 . . TIE'BIDS .................................................................................................................... , ............. ~ .......... 14 RIGHTTO AUDIT ................................................................................................................................ 15 LIABILITY, INSURANCE, LICENSES AND PERMITS ............................................................................ 15 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE.. ..... : ..................................... 16 ELIMINATION FROM CONSiDERATION ............................................................................................ 16 COLLUSION ..................................................................................................................................... 16 1.43 . DEFAULT ......................................................................................................................................... 17 1.44 PROTESTS AND ARBITRATION ........................................................................................................ 17 1.45 NONPERFORMANCE ........................................................................................................................ 18· 1.46 CANCELLATION ................................. : ................................................................................................. 18 1.47 SEVERABILITY .................................................................................................................................. 19 1.48· TERMINATION FOR DEFAULT ......................................................................................................... 19 1.49 TERMINATION FOR CONVENIENCE OF FSA .................................................................................... 19 1.50 INTELLECTUAL PROPERlY ............................................................................................ : .................. 19 1.51 CONTRACT ADVERTISMENT AND USE OF FSA LOGO ..................................................................... 19 2.0 BIDDER INSTRUCTIONS .............................................................................................................................. 20 2.01' FIRST YEAR BIDDER QUALIFICATIONS ................................................................................. ; .......... 20 2.02 LICENSiNG/FACiLITIES ..................................................................................................................... 20 2.03 INSURANCE AND INDEMNIFICATION ............................................................................................. 20 2.04 ·SPECIFICATIONS ................................ : ............................................................................................. 22 2.05 FIXED PRiCES ............................. ; ..................................................................................................... 23 - 2.06 SEALED BIDS .................................................................................................................................... 23 FSA Cooperative Purchasing Program 2017·2016 Page 2 I I I . I FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program ContractTerms and Conditions Rev8·4·2017 2.07 NO BID .................................................................... ; ........................................................................ 23 2.08 SPECIFICATION EXCEPTIONS, OMISSION AND ERRORS .................................................................. 23 2.09 MiSTAKES ........................................................................................................................................ 23 2.10 SAMPLE5 ........................................................................................................................ , ................. 23 2.11 EQUIVALENTS ........................................................................................ : ........................................ 24 2.12 MANDATORY PRE-BID MEETING .................................................................................................... 24 2.13 PRICES QUOTED ............................................................................................................................... 25 2.14 OPTION PRICING ............................................................................................................................. 25 2.15 SUBMITTAL OF BID ...................................................................................................................... ; .. 26 2.16 EXECUTION OF BID .......................................................................................................................... 27 2.17 MODIFICATION OR WITHDRAWALS OF BIDS ................................................................................. 28 2.18 LATE BID5 ........................................................................................................................................ 28 2.19 BID OPENING ........................ : ......................................................................................................... 28 2.20 DETERMINATION OF RESPONSIVENESS ............................................... : ......................................... 28 2.21 BID TABULATIONS ........................................................................................................................... 28 2.22 MINOR IRREGULARITIES/RIGHT TO REJECT .................................................................................... 28 2.23 CONE OF SILENCE ........................................................................................................................... 28 3.0 CONTRACT CONDITIONS ........................................................................................................................... 30 3.01 GENERAL REQUIREMENTS FOR ALL VEHICLES AND EQUIPMENT .................................................. 30 3.02 STATEMENT OF AUTHORITY ........................................................................................................... 30 3.03 VENDOR CONTACT INFORMATION ................................................................................................ 30 3.04 BID EVALUATION CRITERIA ............................................................................................................. 30 3.05 BASIS FOR AWARD .......................................................................................................................... 31 3.06 BID WiTHDRAWAL .......................................................................................................................... 31 3.07 ZONE BIDDING ................................................................................................................................ 31 3.08 OPTION TO RENEW WITH PRICE ADJUSTMENT ............................................................................. 31 3.09 ADDITIONS AND DELETIONS ........................................................................................................... 32 3.10 EQUITABLE ADJUSTMENT ............................................................................................................... 32 3.11 DISCOUNTS ..................................................................................................................................... 32 3.12 CONDITIONS ................................................................................................................................... 32 3.13 PRODUCTION CUTOFF .................................................................................................................... 32 FSA Cooperative Purchasing Program 2017·2018 Page 3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 3.14 FACILITIES ....................................................................................................................................... 33 3.15 SUBSTITUTIONS .............................................................................................................................. 33 3.16 POLICE RATED VEHiCLES/MOTORCyCLES ....................................................................................... 33 3.17 _ SPECIAL SERVICE VEHiCLES: ............................................................................................................ 33 3.18 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS ...... _ ................................................. 34 3.19 CAB AND CHASSIS PURCHASES ....................................................................................................... 34 3.20 FACTORY INSTALLED ....................................................................................................................... 34 3.21 VENDOR INSTALLED ................................ · ........................................................................................ 35 3.22 NON-SCHEDULED OPTIONS ............................................................................................................. 35 3.23 FORCE MAJEURE ............................................................................................................................. 35 3.24 DELIVERY TIME ................................................................................................................................ 35 3.25 ORDER ........................................................................................................... : .................................. 36 3.26 VEHICLE DELIVERY .......................................................................................................................... 37 3.27 INSPECTION AND ACCEPTANCE ................................................ ;· ...... : ...................... : ....................... 38 3.28 VEHICLE TAGS AND TITLE .................................................................... -............................................ 38 3.29 INVOICING AND PAYMENTS ........................................................................................................... 39 3.30 WARRANTY REPAIRS AND SERVICE ................................................................................................ 39 3.31 INADEQUATE SERVICE .................................................................................................................... 39 3.32 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS ............................................................ 39 3.33 ADMINISTRATIVE FEE ..................................................................................................................... 40 3.34 FINES . .-............................................................................................................................................. 41 Addendum A; .......................................................................................................... , ..................................... 42 Addendum B ................................................................................................................................................. 43 Addendum C ................................................................................................................................................. 44 Addendum D ................................................................................................................................................. 45 FSA Cooperative Purchasing Program 2017-2018 Page 4 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association "FSA", using the information shown above. Please be sure to reference the bid number and your contact information. The contact person(s) for this bid is Greg Tish, FSA Cooperative Purchasing Program Coordinator E-mail: gtish@flsheriffs.org Phone: 850-877-2165 ext. 241 Fax: 850-878-5115 Annette Grissom, FSA Cooperative Purchasing Program Manager E-mail: agrissom@flsheriffs.org Phone: 850-877-2165 ext. 231 Fax: 850-878-5115 All written (hard) copy communication or document submittals for this Invitation to Bid should be directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, Fl 32308 850-877-2165 The Bid number should be referenced on the outside of the box as well as the contents. FSA Cooperative Purchasing Program 2017-2018 Page 5 1.02 PURPOSE FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program COhtract Terms and Conditions Rev 8-4-2017 The Florida Sheriffs Association invites interested Bidders, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the IIContract Ad ministrator" in the solicitation process and the administration of the contract. The purpose ofthis bid is to establish a twelve (12) month contract, beginning October 1st and ending September 30th, annually with manufacturers and manufacturer's authorized dealers for the purchase of vehides and equipment on a uno trade-in basis". Trade-ins are not addressed in this contract. If a Purchaser has a desire_ to offer vehicles/equipment for trade to the vendor, the Purchaser and dealer may do so at their sole discretion, separate and -apart from this contract. 1.03 TERM OF CONTRACT This contract shall remain in effect for one (1) year from date of contract execution by the FSA Cooperative Purchasing Program' Administrator, and may be renewed by mutual agreement, at the sole option and Qiscretion of the FSA, for up to two (2) additional years, on a year-to-year basis. Contract extensiilriS will only be executed when conditions indicate it is in the best interest of the FSA and the Purchasers. In the event that the contract is held beYond the term herein provided it shall only be from a month-to-month basis only and. shall not constitute an implied renewal ofthe contract. The month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. 1.04 ESTIMATED QUANTITIES (Vehicles and EqUipment) In FY 2015-16 eligible users purchased approximately 9,800 vehicles and pieces of equipment from this contract. These estimated figures are given as a guideline for Vendors preparing bids. Estimated quantities or estimated dollars, if provided, are for FSA guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The FSA is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services"for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs' offices from the provisions of the Florida Statute requiring, sealed and competitive bids procedures. It is our practice to give consideration to the prices offered, but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the-proposals without recourse. Nothing in this proposal in any way obligates the participating sheriffs' offices for any payment for any activity or costs incurred by any bidder in responding to this proposal. FSA Cooperative Purchasing Program 2017-2018 Page 6 ! -I , i i I , \. I I FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8·4·2017 1.06 COOPERATIVE PURCHASING Pursuant to their own governing laws, and subject to the agreement of the Vendor, other entities may be permitted to make purchases following the terms and conditions of this Contract. 1.07 FUNDING Funds expended for the purposes of the contract must be appropriated by the individual participating agency for each fiscal year included within the contract period. Therefore, the contract shall automatically terminate without penalty or terminati"on of costs if such funds are not appropriated. 1.08 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.09 GENERAL DEFINITIONS The following terms are defined as the following (a) FSA Cooperative Purchasing Program Administrator means the Florida Sheriffs Association in its role in administering the solicitation and contract administration process for the Florida Sheriffs Association and the Florida Association of Counties or their designee. (b) Fleet Advisory Committee (FAC) An employee of a sheriffs office and other local governmental agencies in the State of Florida or any other person who FSA identifies as subject matter expert who will assist with the development of bid specifications and evaluation of bid responses. (c) Vendor The proposer that has been awarded and agrees to provide products. vehicles. trucks, or equipment, which meet the requirements, specifications, terms and conditions of the agreement contract, to eligible Purchasers, as defined herein. (d) Purchaser An eligible Purchaser as defined in General Conditions Section 1.10 Eligible Purch.asers of Contract. (e) Bid A competitive bid procedure established through the issuance· of an invitation to bid. The tenm "bid" as used herein, shall not include request for proposals, request for qualifications, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. (f) Bidder A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing Program Administrator in accordance with the Contract Terms and Conditions. FSA Cooperative Purchasing Program 2017·2018 Page 7 (g) Dealer FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-Z017 A manl:Jfacture's certified representative authorized by the manufacturer to market, sell, provide, and service the vehicles/equipment for theFSA Cooperative Purchasing Program. Dealers may be Vendor-owned and controlled, in whole or in part, or independently owned and controlled. (h) Manufacturer The original producer or provider of vehicles or equipment responsive to this Bid. (i) Factory Refers to the manufacturer; the assembly line. (j) Dealer Option A product or service provided by the dealer or other third party; not the factory. (k) Non-Scheduled Options Any optional new or unused component not specified, feature or configuration not included in the base representative vehicle model specifications or options. (m) Third Party Supplier . Those external to an enterprise who provide products and services that contribute to the overall finished vehicle. Third Party Suppliers are contractors under the direction and responsibility of the awarded Vendor and may also be referred to as upfitters within this document. (n) Manufacturer's Suggested Retail Price (MSRP) Manufacturer's Suggested Retail Price (MSRP) represents the Manufacturer's recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the Purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer's Computer Printouts; Ford -"Dora"; General Motors -"GM Autobook"; or approved equivalent . 2 .Chrome Systems, Inco's PC Carbook (PC Carbook Plus and PC Carbook Fleet Edition) 3. Manufacturer's Annual U.S. Price Book 4. Manufacturer's official website (0) Published List Price A standard "quantity of one" price currently available to government and educational purchasers excl\Jding cooperative or volume discounts. (p) Production Cutoff A term used by manufacturers to notify dealers that the factory has reached maximum capacity for orders. Vehicle manufacturers use this term when referring to any given model year for production. (q) End User A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. (r) Vehicle Bid Award System (VeBA) The online system used for the submission of electronic bids and tabulation of bid results for the specifications connected to this Invitation to Bid. FSA Cooperative Purchasing Program 2017-2018 Page 8 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 1.10 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids, or tontract prices, will be extended and guaranteed to any local government agency or political subdivisions of the state, including but not limited to counties, boards of public instruction, municipalities or police agencies, other local or public safety agencies or authorities within the State of Florida, or the state universities and colleges. In addition, bids will be extended and guaranteed to any other entities approved by manufacturers to participate in this contract. The participating agencies cannot guarantee any order other than those ordered through each individual agency. All Purchasers are bound by local governing purchasing ordinances, rules and regulations that shall apply to purchases made under this contract. All awarded Vendors are governed by their manufacturer's agreement. Out of state sales are permitted under this contract. However, all Purchasers are bound by their local governing purchasing ordinances, rules and regulations and shall apply to purchases made under this contract. All Vendors are governed by their manufacturer's agreement. All Vendors referencing this contract for the purpose of facilitating sales outside the State of Florida must accept the terms and conditions of this contract. 1.11 LEGAL REQUIREMENTS Federal, State, county laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.12 PATENTS & ROYALTIES The bidder, without exception, shall indemnify and save harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, ot article manufactured or used in the performance of the contract, including its use by the FSA or a Purchaser- If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.13 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legislation that becomes effective during the term of the Contract, regarding the commodities and contractual services' specifications, safety, and environmental requirements shall immediately become a part of the Contract. The Awarded Vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Awarded Vendor shall contact the FSA Cooperative Purchasing Program Administrator immediately. The bidder warrants that the product supplied to the FSA or Purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. FSA Cooperative Purchasing Program 2017-2018 Page 9 FLORIDA SHER.IFFS ASSOCIATION Cooperative Purchasing .Progr~m Contract Terms and Conditions Rev8-4-2017 The bidder shall obtain and pay for all licenses, permits cmd inspection fees (including all levels of governmenta·1 fees) required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the·work contemplated herein. 1.14 UNDERWRITERS' LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters' Laboratories, or U.L, listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished.· . 1.15 AMERICAN WITH DISABILITIES ACT To request this material in accessible format, sign language interp~eters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please . contact FSA Human Resources at (850) 877-2165 five days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.16 REASONABLE ACCOMMODATION In accordance with the TItle 11 of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a·disability must contact the FSA Human Resources at (850) 877-2165. 1.17 MINORITY BUSINESS ENTERPRISE (MBE) The Florida Sheriffs Association Policy is that Minority Business Enterprises (MBE) shall have the opportunity to participate in this invitation to bid. Such process would be for supplying goods and services to FSA and Purchasers. 1.18 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 1137S, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.19 BEST COMMERCIAL PRACTICES The apparent silence of this specification and any supplemental specifications as to any details ·or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the· best commercial practices, size, and design are to be used. All workmanShip is to be first quality. All interpretations of this specification shall be upon the baSis of this statement. 1.20 PUBLIC ENTITY CRIMES (PEC) In accordance with tl)e Public Entity Crimes Act, Section 287.133, Florida Statutes, a person ·or affiliate who has been placed on the convicted vendor list maintained by the State Cif Florida Department of Management Services following a conviction for public entity crimes 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, FSA Cooperative Purchasing Program 2017-2D18 Page 10 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Vendor, supplier, Sub-Vendor, or consultant under a contract with a public entity, and may not transact business with any public entity" in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.21 TAX EXEMPTION All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply, and appropriate certifications furnished_ Purchasers shall comply with all federal, state and local tax requirements. The Florida Sheriffs Association is a SOl(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.22 TAXES Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the Vendor to verify that the Purchaser is exempt by obtaining the Purchaser's Federal Excise and State Taxes and Use Certificate Number. 1.23 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): 1. Addenda to Contract Terms and Conditions, if issued 2. Bidder Instructions 3. Contract Conditions 4. General Conditions 1.24 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure. Bidders should not rely on representations, statements, or explanations other than those made"in this Bid or in any written addendum to this Bid. 1.25 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS Any questions or clarifications concerning the Invitation to Bid shall be submitted bye-mail to CPP@flsheriffs.org with the bid title and number referenced on all correspondences. All questions must be received by the date included in the FSA Bid calendar. Questions and responses will be posted to the FSA Cooperative Purchasing Program website as outlined in the FSA Bid Calendar. Interpretation of the speCifications or any solicitation documents will NOT be made to the Bidder verbally, and if any verbal clarifications are prOVided they are without legal effect. CLARIFICATION QUESTIONS WILL NOT BE RECEIVED AFTER THE CONE OF SILENCE DEADLINE LISTED ON THE BID CALENDAR. The FSA shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required which will be posted on the FSA Cooperative Purchasing Program webite. Any such addenda shall be binding on the Bidder FSA Cooperative Purchasing Program 2017-2018 Page 11 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program" Contract Terms.and Conditions Rev 8-4-2017 and shall become a part of the solicitation document. ·In the event of conflict with the original Contract Terms and Conditions, Addendum shall govern to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. . FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website constitutes proper notice of addenda. The Bidper shall be required to acknowledge receipt of the Formal Addendum by Signing in the space provided. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the FSA may waive this requirement in its best interest. The FSA will not be responsible for any eXplanation or interpretation made verbally or in writing by . any other FSA representative. . 1.26 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the Bidder or Vendor, which offer shall be deemed accepted upon approval by the FSA and in case of default on the part of successful Bidder or Vendor, after such acceptance, the FSAmay procure the items or services from other sources. 1.27 ASSIGNMENT OF CONTRACT No right 'or interest in this Contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a sUCcessor-in-interest must perform all obligations under this Contract. FSA reserves the right to reject the acquiring entity . as Vendor. A change of nam~ agreement will not change the contractual obligations of the Vendor. 1.28 TERMINATION OF PRODUCT LINE If an FSA-awarded vendor terminates a product line (manufacturer or brand), the dealer is required to notify the FSA Cooperative Purchasing Program Coordinator within 10 business days of the decision not to retain the product line. In the event a manufacturer reassigns the product line to an alternate dealer, the manufacturer and the vendor are required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the dealer is not already an approved FSA vendor, the dealer is required to apply to the FSA to become an approved vendor PRIOR to conducting any qualified sales. The vendor and the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.29 "METHOD OF AWARD Award of this contract will be made to a primary bidder.FSA will also identify the second lowest and best bidder per specification and zone to be utilized in the. event the primary bidder is unable to fulfill their obligations. The FSA reserves the right to make multiple awards if deemed in the best interest cif the FSA. FSA Cooperative Purchasing Program 2017-2018 Page 12 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4·2017 1.30 DEMONSTRATION OF·COMPETENCY Pre-award inspection of the Bidders facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and ~rganization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance with the FSA in making the award. The FSA may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require informati.on from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts betWeen this material information provided by the source of supply and the information contained in the Bidder's Bid may render the Bid non-responsive. 1.31 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the Vendor's record of performance to ensure that the Vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the successful Bidder no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. The Vendor warrants that, to the best of his or her knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Vendor's ability to satisfy the obligations ofthe Contract. The Vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The Vendor shall immediately notify the FSA and Purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.32 FINANCIAL RESPONSIBILITY Bidder affirms by the signature on the contract signature page that the Bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid, and has the adequate facilities and personnel to fulfill such requirements; • Accepts the financial responsibility associated with this bid, and declares that he or she has the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award; • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all specifications bid, zones bid, and quantities that could be ordered, as well as timing of payment from FSA CoopeTative PUTchasingPTogram 2017·2018 Page 13 FLORIDA SHERIFFS ASSOCIATION· Cooperative Purchasing P~ogram Contract Terms and Conditions Rev 8-4-2017· Purchasers, which can be 45 days from receipt of invoice; and • Assumes full responsibility that all vehicles delivered to the Purchaser are free and clear ohll outside liens, encumbrances, security interests apart from the dealer floor plan or other dealer inventory finance security interest_ 1.33 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials OJ equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highe~t grade workmanship that meet or exceed federal safety standards. Products requiring certification" should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are. not certified, the Vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. 1.34 NONCONFORMANCE TO CONTRACT CONDITIONS "Items may be tested for compliance with speCifications. Items delivered that do not conform to specifications may be rejected and returned at the v!,!ndor's expense. Items not meeting the specificiations and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded Vendor list. • FSA and Purchasers being advised not to do business with vendor. 1.35 WAIVER OF INFORMALITIES The FSA reserves the right to waive any informalities or irregularities in this bid solicitation. 1.36 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid. 1.37 TIE BIDS In case of tie bids and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder Within (A SPECIFIC ZONE) • Bidder Within the (STATE of FLORIDA) • Dealers track record with Purchaser Service FSA Cooperative Purchasing PTogram 2017-2018 Page 14 • Coin Toss 1.38 RIGHT TO AUDIT FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify Vendor's sales. FSA and its authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) pertaining to this Contract, including all government sales and eligible users information whether kept by or under the control of the Vendor, including, but not limited to those kept by its employees, agents, assigns, successors, and Sub-Vendors. Such records shall include, but not be limited to, accounting records, written policies and procedures; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); all paid vouchers including those for out-of- pocket expenses; other reimbursement supported by inVOices; ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work sheets; contract amendments and change order files; back charge logs and supporting documentation; insurance documents; memoranda; and correspondence. Vendor shall, at all times during the term of this Contract and for a period of three (3) years after the completion of this Contract, maintain such records, together with such supporting or underlying documents and materials. The Vendor shall at any time requested by FSA, whether during or after completion of this Contract, and at Vendor's own expense make such records available for inspection and audit (including copies and extracts of records as required) by FSA. Such records shall be made available to FSA (subject to a three-day written notice) during normal business hours. FSA, at their"option, may select the Vendor's office, place of business or offsite location for the audit; or opt to have the Vendor provide financial records, together with the supporting or underlying documents and records, via e-mail or phone for audit at a time and location that is convenient for FSA. Vendor shall ensure FSA has these rights with Vendor's employees, agents, assigns, successors, and Sub-Vendors and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Vendor and any Sub-Vendors to the extentthat those subcontracts or agreements relate to fulfillment of the Vendor's obligations to FSA. Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by FSA unless certain exemption criteria are met. If the audit identifies under reporting, overpricing or overcharges (of any nature) by the Vendor to FSA in excess of three percent (3%) of the total contract billings, the Vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000;00. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the costs of the audit work from the Vendor. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the Vendor's invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of FSA's findings to Vendor. FSA has the right to assess penalties and fines based on audit results. 1.39 LIABILITY, INSURANCE, LICENSES AND PERMITS Where bidders are required to enter or go onto FSA or Purchaser property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable County and Municipal code requirements. FSA Cooperative Purchasing Program 2017-2018 Page 15 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasi~g Program Contract Terms and Conditions RevS-4-2017 The bidder shall be liable for any damages or loss to the FSA or Purchaser occasioned by negligence of the bidder or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.40 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE Bid Bonds, when required, shall be'submitted with the bid in the amount specified in Bidder Instructions. Afteracceptance of bid, the FSA will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Bidder Instructions. Purchaser may request a performance bond from an Awarded Vendor. Performance Bonds are recommended with pre- payment and will be at the expense of the requesting ag·ency. p.urcliasers should determine the best practic~ in comparing performance bond expense against any prior discounts that may be available. 1.41 ELIMiNATION FROM CONSIDERATION This Invitation.to Bid shall not be awarded to any person or Bidder who is in arrears to the FSA upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the FSA. 1.42 COLLUSION Collusion is a 'non-competitive secret or sometimes illegal agreement between rival.bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may collectively choose to agree to increase or decrease its product base price in one or more zones to maximize awards thus denying the public a . fair price. Examples of Bid Collision: • Cover bidding: a competitor agrees to submit a non-competitive bid that is too high to be accepted or contains terms that are unacceptable to the buyer. • Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from consideration. • Market sharing: a competitor agrees to submit bids only in certain geographic areas or only to certain public organizations. • Bid rotation: competitors agree to take turns at winning business while monitoring their market shares to ensure they all have a predetermined slice of the pie. • Non-conforming bids: competitors deliberately include terms and conditions they know will not be acceptable to the FSA Cooperative Purchasing Administrator. Bidders or Vendors who have been found to have engaged in collusion will be considered non-responsive, and will be suspended or barred from bid participation, and any contract award resulting from collusive bidding may be terminated for default. Vendors/Dealerships and their representatives may submit multiple bids without conflict of "Collusion" if the bid submitted is not from the same manufacturer ani:l product line. Dealerships which share the same ownership may FSA Cooperative Purchasing Program 2017-2018 Page 16 FLORIDA SHERIFFS ASSOCIATION Cooperative Ilurchasing Program Contract Terms and Conditions Rev8-4-2017 submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.43 DEFAULT Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to damages incurred by the F5A thereby, or where sur~ty is not required, failure to execute a contract as described above may be grounds for removing the bidder from the awarded Vendor's list. 1.44 PROTESTS AND ARBITRATION Options are for informational purposes only and will not serve as a basis for protest. Any person who is adversely affected by the decision or intended decision to award shall file a "Notice of Protest" in writing to the FSA Coordinator within 3 business days after the posting of the Intent to Award and shall file a formal written protest within 10 calendar days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s)_ The formal written protest must state with particularity the facts and law upon which the protest is based_ Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity and corrective action will be taken contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party's claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party's filing will be reimbursable to the FSA and deducted from the protesting party's bond or security which must accompany their filing. Any person who files an action protesting a decision or intended decisiori pertaining to this contract shall post with the Florida Sheriffs Association at the time of filing the formal written protest or within the 10 day period allowed for filing the formal written protest, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to $5,000_00, which bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or.to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party's claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. . Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within 72 hours of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association's (AAA) commercial panel under its rules and regulations must be made within 10 days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to $5,000.00. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, orfailure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid FSA Cooperative PurchaSing Program 2017-2018 Page 17 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 award by the Florida Sheriffs Association. 1.45 NONPERFORMANCE The Vendor shall at all times during the contract term remain responsive and responsible. In determining Vendor's responsibility as a vendor, the FSA Cooperative Purchasing Program Administrator shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Vendor's ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provi$ions of this contract can be assessed fines, suspended or terminated from the contract and future competitive bid solicitations at the discretion of the FSA Cooperative Purchasing Program Administrator. At FSA's discretion, Vendors may be required to develop corrective action plans to address contract compliance. In situations where there is evidence that the Vendor, fleet sales manager or other representative has demonstrated egregious breaches of the contract or trust to both with the FSA and the Purchaser, the contract will automatically be terminated and the Vendor will be removed from future solicitations for a period of three (3) years and up toa permanent ban from the bid process. Failure to abide by corrective action plans will result in the dealer and the dealer representative being terminated from the existing con~ract and future competitive bid solicitations at the discretion of the FSA Cooperative Purchasing Program Administrator. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or dealer installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the Purchaser, any misrepresentation of optional equipment or service as being "factory" that fails to meet the definition as described in this document, and any other practice deemed to be outside of the intent of the contract. Any Vendor, who is presented with a valid purchase order as a result of a bid award for this contract, is required and bound by this contract to accept such purchase order and deliver the product; regardless of whether the vehicle or equipment is a base model or includes options at a higher cost. The Vendor must deliver this vehicle regardless of profit or loss based on their respective bid. Failure to deliver the vehicles or equipment will result in the ordering agency and the FSA seeking damages for the difference of cost to issue the exact same order with another Vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. All terms and conditions are applicable throughout the term of the contract and not any given Year, Make orModel. 1.46 CANCELLATION In the event any of the provisions of this contract are violated by the Vendor, the FSA Cooperative Purchasing Administrator shall give written notice to the Vendor stating the deficiencies and unless deficiencies are corrected within 10 business days, the contract is subject to immediate cancellation. The FSA reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving 30 days prior written notice to the other party. FSA Cooperative Purchasing Program 2017-2018 Page 18 1.47 SEVERABILITY FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.48 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice shall be given to the successful bidder of such termination, which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the FSA for damages sustained by the F5A by virtue of any breach ofthe contract by the bidder, and the FSA may reasonably withhold payments to the successful bidder for the purposes of off set until such time as the exact amount of damages due the FSA from the successful bidder is determined. 1.49 TERMINATION FOR CONVENIENCE OF FSA The FSA, for its convenience, can terminate the contract in whole or part without cause by giving written notice to the Vendor of such termination, which shall become effective 30 days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The Vendor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The Vendor shall not be entitled to recover any lost profits that the Vendor expected to earn on the balanced of the Agreement or cancellation charges. Any payments to the Vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.50 INTELLECTUAL PROPERTY Except for the rights expressly granted to the End User under this contract, the FSA will retain all right, title and interest in and to the licensed technology, including all worldwide technology and intellectual property (lnd proprietary rights. 1.51 CONTRACT ADVERTISMENT AND USE OF FSA LOGO Vendor must not advertise or publish information concerning this Contract before the award is announced by the FSA. Once the award is made, a Vendor may advertise the award~d Contract to both current and potential purchasers. The official FSA logo representing the sheriff's star and wreath may not be used without written permission. This written request must include the detail of the logo's use and examples of said usage. FSA Cooperative Purchasing Program 2017-2018 Page 19 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 2.0 BIDDER INSTRUCTIONS . 2.01 FIRST YEAR BIDDER QUALIFICATIONS In order for bids to be considered, first year Bidders to the Florida Sheriff~ Association Cooperative Purchasing Program must provide supporting material with their bid submission to demonstrate that they are qualified to satisfactorily perform as an awarded vendor. Supporting material shall be provided on a thumb drive and shall include: . a. All information necessary to certify that the bidder maintains a permanent place of business; b. A statement from the manufacturer'that the bidder is an authorized distributor for the proposed manufacturer; c. Information that'the Bidder has not had just or proper claims pending against them or their company; d. A listing of contracts for similar services that have been provided to public or private sector clients within the last three (3) years; , e. Shall furnish the names, addresses, and telephone numbers of S government agencies for which the Bidder is currently providing or has provided similar services; and f. A Request for Consideration letter on company letterhead, which shall be dated prior to the bid submission date, which should include: 1. The length of time the company has been in business; 2. The Dun and Bradstreet and/or Experian Business number; . 3. If the company currently sells on a state or federal contract, if so identify which contract; 4. How milny,years of experience in government sales the company has; S. Whether the company can accommodate fleets sales., 6. Proof of a business line of credit from the guarantor used to support government fleet operations; 7. Additional information about the product line; and ' 8. Whether the company has ever been disqualified from any contract, if so identify which contract. 2.02 LICENSING/FACILITIES Bidders are required to possess a Fl,orida Motor Vehicle Dealers License in order to bid, and all bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. FSA Cooperative Purchasing Program Administrator reserves the right to periodically request additional or updated information from a dealer regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA Cooperative Purchasing Program Administrator may ,also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify 'for that portion of any loss or damages proximately caused by the negligent act or omission of the Florida Sheriffs Association and participating agencies. ' FSA Cooperative Purchasing Program 2017-2018 Page 20 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 Vendors obligations under the above paragraph with respect to legal action are contingent ·upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidders sole expense_ Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies in any legal action without bidders prior written consent, which shall not be unreasonably withheld. The Vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The Vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connedion with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the .. contract or in connection with the work. It is understood and agreed that at all times the Vendor is acting as an independent contractor. The Vendor at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the requirements of this section. The Vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without 30 days written notice to the FSA Cooperative PLirchasing Program Administrator. All insurance policies shall be issued by companies authorized to do bUSiness under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein shallbe filed with and approved by the FSA Cooperative Purchasing Program Administrator prior to execution of a contract with the Florida Sheriffs Association. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the Vendor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the FSA Cooperative Purchasing Program Administrator. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The Vendor hereby agrees to indemnify and hold harmless the FSA, a SOl(c)3, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000 for each Occurrence and for all damages to the property of others in and up to the amount of $1,000,000 for each occurrence per the insurance ·requirement under the speCifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals ariSing out of any such claims or suits because of FSA Cooperative PurchaSing Program 2017-2018 Page 21 FLORIDA SHERIFFS ASSOCIATION Cooper:ative Purchasing Program Contract Terms and Conditions Rev8-4-2017 any and all acts of omission or commission of any by the Vendor, his agents, servants, or employees, or through the mere existence of the project u.nder contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The Vendor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreementto the insurance agent and carrier. The Vendor will obtain and maintain contractual liability insurance in .adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out ofthis contractual operation. The Vendor will secure and maintain policies of third party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the Vendor and all third party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Vendor and all third party suppliers of their liabilities arid obligations under any Section or Provisions of this contract. Vendor shall be as fully responsible to the FSA for the· acts and omissions of the third party suppliers arid of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time du·ring the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the FSA Cooperative Purchasing Program Administrator, may be considered. It·iS understood and agreed thatthe inclusion of more than one insured under these poliCies shall not restrict the coverage provided by these policies for one insured hereunder with respectto a liability claim or suit by anotherinsured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured's hereunder shall be considered members of the pUblic; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against Whom claim is made or suit is filed. 2.04 SPECIFICATIONS All units covered by this Contract and the delaiied specifications shall be the manufacturer's current basic production model, and shall, as a minimum, be equipped with ALL standard factory equipment in accordance with the manufacturer's latest literature unless otherwise noted in the bid document. Bidders must supply a unit that either meets or. exceeds all the requirements included in the applicable detailed specifications. All bidders will be required to bid on the modelsUsted in each designated specification. All bidders will be required to provide any information requested on the price sheets, such as manufacturer and model number of various components, or may have their bid rejected. All equipment; options, and features provided mus, be designed, constructed, and installed to be fully suitable for their intended use and service. FSA Cooperative Purchasing Program 2017-2018 Page 22 2.05 FIXED PRICES FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder on the Bid Forms shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension. 2.06 SEALED BIDS One original binder, with one copy binder, and a copy on a labeled thumb drive of the Sealed Bid as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified herein. A sealed bid is a completed bid that is submitted in a sealed and unopened container clearly marked with the Bid Title and Number. Bids should be sent to the attention of F~A Cooperative Purchasing Program Coordinator, Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee Fl32308. Faxed or e-mailed bids will not be accepted. 2.07 NO BID If not submitting a bid, respond by returning the enclosed "NO BID" form and explain the reason. 2.08 SPECIFICATION EXCEPTIONS, OMISSION AND ERRORS Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the FSA Cooperative Purchasing Program Administrator of any defects in the specifications or required submittal documents. All notifications of defect must be in writing and timely submitted. Bidders are required to indicate in their bid submissions those options which "require" additional equipment or model upgrades to obtain the original option. Bidder must also identify those options that are available as a part of a package or group. The factory codes listed in the "Prices" section of the contract specifications must be used. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. Exceptions to the speCifications at the time of the bid shall reference the section and with a written explanation for the request for exception. Any exceptions to the General Conditions or Bidder Instructions shall be cause for the bid to be considered nonresponsive. 2.09 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and extensi~ns and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 2.10 SAMPLES Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid FSA Cooperative Purchasing Program 2017·2018 Page 23 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions RevB-4-2017 opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples Sh9Uld be delivered to the Florida Sheriffs Association, Attention: Cooperative Bid Coordinator, 2617 Mahan Drive, Tallahassee FL 32308. 2.11 EQUIVALENTS The term "Approved Equivalent" is used to allow a bidder to bid components or equipment that an! equal to the components or equipment described In the detailed specifications. The FSA Cooperative Purchasing Program Administrator shall have the sole authority to determine approved equivalents or qualified product specifications. Brand Names: Catalog numbers, mar:tufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and established manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed-quality as listed in the specifications. If bidder offers a make or model of equipment or supplies other than those specified in the fonowing, it must be so indicated in the bid submittal. Bidder shall indicate the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation froi'll the speCifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH !HE BID. SpeCific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. NO BIDS Will BE CONSIDERED WITHOUT THIS DATA. The bid or individual specificiation will be considered nonresponsive if the submission laCKS written indication of the intent to quote an alternate brand or model. -- -Dealers offering alternate makes and manufacturers of vehicles or equipment not specifically identified In the bid cannot utilize or publish the offering as an "OPTION" within the bid specification and detail. Offerings of this nature will cause the bid to be rejected. 2.12 MANDATORY PRE-BID MEETING ALL prospective bidders are required to-attend the mandatory Pre-Bid Meeting. At this time prospective bidders will have the opportunity to offer input and recommendations regarding the content of the bid speCification and to meet with committee members to answer any questions relatiVE! to this invitation to bid. At this meeting the bid specifications will be discussed-and it is the final opportunity for prospective bidders to make any last request for modifications or corrections, or address other concerns relating to the bid Or the process. All addendums_ to the contract initiated by the FSA will be posted on the Florida Sheriffs Association Cooperative Purchasing Program website at http://www.flsheriffs.org. Prospective bidders should check the website periodically for any addendums to the solicitation documents. FSA reserves the right to grant exceptions if the bidder has met all requirements and agrees to sign a memo of understanding (MOU) and agree to meet alLthe terms and conditions without exception and further waive their right to protest the bid process in its entirety or any portion thereof. . FSA Cooperative Purchasing Program 2017-2018 Page 24 2.13 PRICES QUOTED FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 Deduct trade discounts and quot~ firm net prices. Provide both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. Vendors are to include a three quarters of one percent (.OO75) administrative fee to their base bid prices at the time of bid submission. This fee should also be included in a/l additional equipment items (add options) and should not be indicated as a separate line item on any purchase order. . In' case of discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices must be Free On Board (FOB) destination. unless otherwise stated in the Bidder Instructions. The Vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award ofthe bid. Awards made will be in accordance with these terms and conditions. Each specification must be bid separately. If two items are linked together, the compound item can be removed from the bid. 2.14 OPTION PRICING FSA Cooperative Purchasing Program Administrator has the discrection to disqualify Bidders if the pricing is excessive. The bidder shall offer discount below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers published list price for any factory add options included in the bid submission and in resulting customer orders. if awarded. Agencies are encouraged to negotiate option pricing with Vendors. Discounts can be provided beyond published list price of add options. The additional discounts for each add option shall be decided by the Vendor. When calculating the price for a manufacturer's option requested in this bid that is not listed as an option in the manufacturer's order guide (Le. model or engine upgrade), bidder must calculate the option price as the difference between dealer cost on the representative base vehicle and total MSRP of the requested option modifying the vehicle. When add options listed are included in the base vehicle, bidder must submit options as "Included" or "STD" for standard. Bidder must use proper factory codes for all factory add options. Options available through the factory MUST be bid and supplied to Purchaser as "factory" options, unless requested otherwise in writing by the Purchaser. Options are intended to add or delete equipment and/or features from the base vehicle specification. and to provide an upgrade or downgrade to a manufacturer's model, such as a slightly different engine size or horsepower, and as such. should not be made available for purchase separate from the base vehicle. Bidders shall NOT use add or delete options to create a piece of equipment that is entirely different than the base unit called for in the specification, or any other options, scheduled or non-schedl.lled, that do not meet the intention of options as stated above. Bidder must indicate in their bid submission any option requiring the purchase of other options, and also indicate options that are a part or dependent of another option. The use of options to facilitate the sale of an alternate Manufacturer's product which is outside the scope ofthe written base specification will be construed as noncompliant and the bid will be rejected in whole or part by the FSA Cooperative Purchasing Program Administrator. FSA Cooperative Purchasing Program 2017-2()18 Page 25 ! I I I ~ I I I I , I I I i I i i I FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2D17 EKample: Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on one specification that is offered as a separate spec.ification in the bid solicitation. For example, a Vendor who is awarded the bid for 25,500 lb. GVWR Cab & Chassis cannot upgrade this item through an add option to a 30,000 lb. GVWR Cab & Chassis in order to circumvent the bid award winner for the 30,000 lb. GVWR Cab & Chassis. . Factory package opt'lons are allowable under this contract. Factory package opt'lons must be included'ln the add options within the bid document and detailed specifically as to what components the package includes. . Dealer package options are not allowed under this contract. Prices for options submitted by the bidder for Emergency Vehicle Lighting shall include all applicable state and federal fees and charges, not including installation. Motorcycle pricing will include installation. No additional charges or fees are admissible. 2.15 SUBMITTAL OF BID Bidders must submit their bid electronically on VeBA, which is located at http://veba.flsheriffs.org. In addition to the submission of specifications through the VeBAwebsite, bidders who intend to bid on emergency vehicles are also required to submit their lightbar package pricing through a separate document housed on the VEBA website. Any bidder who offers emergency lighting and equipment to be installed on any vehicle or equipment, must provide evidence of EVT certification for installation. This includes any third party suppliers and is applicable to red, blue or any color combination of lighting. A user name and password will be issued to qualified bidders. Prospective bidders are encouraged to download and review the instructions located on the home page of VeBA. Instructions for entering and submitting bid specifications, as well as lightbar package pricing, are included in this document. Questions regarding the use of VeBA should be addressed to support@liguifusicin.com. Prices are to be rounded to the nearest whole dollar (I.e. $10, not $10.05). Bids not submitted within VeBA will be rejected. Each bidder is responsible for ensuring that their bid is submitted before the deadline outlined in the Bid Calendar. Late bids will not be considered and the system will not accept bids after the VeBA closing date and time specified in the Bid Calendar. In addition to submitting the bid via the VEBA system, one original and one exact copy of the bid package in separate 3- ring view binders must be delivered to FSA. Each original and copy of the bid package must include dividers for each item. Report folders will not be accepted. Mail packages to the attention of: FSA Cooperative Purchasing Coordinator Florida Sheriffs Association 2617 Mahan Drive Tallahassee, Florida 32308 The bid package must be received at the Florida Sheriffs Association per the date and time specified in the Bid Calendar. Failure to meet all submission requirements by the dates indicated in the Bid Calendar will result in rejection ofthe bid. The electronic cover sheet, found on VeBA, must be filled out and placed in the front cover of the view binder. The sheet must be completed with bidder name, contact person, telephone number and mobile phone number. The bidder shall FSA Cooperative Purchasing Program 2017-2018 Page 26 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 check the appropriate box indicating whether the submittal is an Original or Copy. The Contract Signature page, Manufacturer's Certification, Insurance Checklist and 'Drug-Free Workplace Form shall 'be placed as the first tab item in the bid package, Each specification shall be separated by tabs indicating the specification number for each item being bid. Certifications should be listed in a sepi!rate tab. Manufacturer's print-outs can also be inserted in a single tab. Separate bid packages must be submitted for each individual dealership for which a bid was submitted through VEBA. The bid package must include: . • Bidder must complete the Contract Signature page in its entirety, and mus~ indicate by signature on the form that bidder has read and understands the provisions contained in the Contract Terms and Conditions. o All required documents must show the company name and be manually signed in ink by a dealer principal and an employee who has the authority for bid submission if such employee is not a dealer principal. Unsigned bids ,will be rejected. Rubber stamps, facsimile signatures, etc. will not be accepted. • Manufacturer's Certification Form. Bidder shall include a form for each manufacturer for which a bid is placed. • h1surance Check list, located on VeBA Welcome Page .. Drug-Free Workplace Form (E), located on VeBA Welcome Page • A printed copy of the submitted bid • Manufacturer's print-out for each vehicle bid submitted. For example, Ford -Dora, or General Motors -GM Autobook, or approved equivalent. The Manufacturer's print-out shall indicate an order code for the Manufacturer's base model, all standard equipment, and any optional components required to provide the base vehicle as outlined in the bid solicitation. Vendor installed aftermarket components are required to meet the base vehicle specification and must be identified in writing on the printout. o For specifications or units that do not produce a manufacturer's print-out" bid package must include manufacturer's documentation that includes standard equipment and such other information that provides verification that such item meets the base specification. • Pricing Sheet for Emergency Vehicle lighting and Emergency Light and Siren Certifications, if applicable By virtue of the bid submiSSion, Bidder acknowledges its obligation to sel,l vehicles and equipment in all ZOnes for which it is awarded. Failure of the Bidder to comply with these requirements may result in a fine of up to $1,000 per vehicle, probation, suspension, termination or a combination thereof from current and future bids at the FSA Cooperative Purchasing Program Administrator's discretion. 2.16 EXECUTION OF BID Bid must contain a manual signature of an authorized representative in the space provided on the Contract Signature page. Failure to properly sign bid shall invalidate the submission, and the bid shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted, If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original contract conditions FSA Cooperative Purchasing Program 2017-2018 Page 27 , , ~. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 and specifications CANNOT be changed or altered in any way. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 2.17 MODIFICATION OR WITHDRAWALS OF BIDS A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the Contract award. 2.18 LATE BIDS Any bid or bids received after time and date specified in the Bid Calendar will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by mail, courier service, including u.s. Mail or any other occurrence.' Any reference to time will be based on Eastern Standard Time. 2.19 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. 2.20 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in the Contract. 2.21 BID TABULATIONS The Bid Tabulation report will be posted to the Cooperative Purchasing Program website after the electronic bid process closes as indicated in the Bid Calendar. https:l!www.f1sheriffs.org{law-enforcement-programs/cooperative-purchasing- program/dealers-only , If there is a delay in posting the bid tabulation results, the FSA Cooperative Purchasing Program Coordinator will post a notice of the delay and a revised date for posting of results. 2.22 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has ttie right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. The FSA may also reject any bids not submitted in the manner specified in this document. 2.23 CONE OF SILENCE This invitation to bid is subject to the Cone of Silence as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease, except for questions regarding problems FSA Cooperative Purchasing Program 2017-2018 Page 28 I r [ I ~ 1 1 I I FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program ContractTerms and Conditions Rev8-4-2017 incurred in the use of the FSA Cooperative Purchasing Program website. Bidders are encouraged to read the instructions and view the tutorial vid~o regarding operation of VeBA. FSA is not responsible for Bidder's improper use of the website. Exceptions will be granted to this section should any website malfunctions occur. FSA Cooperative Purchasing Program 2017-2018 Page 29 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 3.0 CONTRACT'CONDITIONS 3.01 GENERAL REQUIREMENTS FOR ALL VEHICLES AND EQUIPMENT Once the bid has been awarded, the terms and conditions of this document become the Contract between the FSA and the awarded Vendor. The requirements specified herein apply to ALL vehicles or equipment purchased under the terms and conditions of this contract .. In the event there is a conflidbetween the requirements of the Contract Conditions and those of the detailed specifications, the detailed specifications shall apply over and above the vehicle standard equipment. 3.02 STATEMENT OF AUTHORITY Each person signing the Contract warrants that he/she is duly authorized to do so and binds the respective party to the Contract. 3.03 VENDOR CONTACT INFORMATION The Vendor will maintain current contact information with FSA at a II times. If a change occurs during at any given period of the contract, the vendor must submit the Vendor Change Document to the FSA. The Vendor Change Document must be completed, signed by an authorized representative and submitted via e- mail to CPP@flsheriffs.org. A sample Vendor Change Document can be found in Addendum A and online at: https:/Iwww.flsheriffs.org/uploads/FSA%20Bid%20Award%20Vendor"A>20Info%20Change%20Document%20REv%20S- 16A%281%29.pdf. 3.04 BID EVALUATION CRITERIA Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not meet all requirements ofthis invitation to bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non-responsible. In determining a responsible Bidder, the evaluation criteria will include: • Adequacy of facilities, staffing, and finanCial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, induding previous FSA contracts In addition to first year bidders, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process if FSA determines this information is necessary to award the bid. FSA Cooperative Purchasing Program 2017-2018 Page 30 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 FSA reserves the right to determine which Responses meet the requirements, specifications, terms and conditions of the solicitation, and which Bidders are responsive and responsible. 3.05 BASIS FOR AWARD The FSA Cooperative Purchasing Program Administrator shall make awards to the lowest Bidder by specification, by manufacturer and by zone to Bidders deemed to be responsive and responsible. Awards may also be made to the second lowest Bidder by specification, by manufacturer and by zone, if applicable and determined to be in the best interest of the FSA Cooperative Purchasing Program Administrator and the Purchaser. The add options in the bid sh;!l1 be for informational purposes only and will not serve as a basis for bid protest. However, the FSA Cooperative Purchasing Program Administrator has the discretion to consider option pricing in making the award if it is it's best interest or the interest of the Purchaser. The FSA Cooperative Purchasing Program Administrator reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the Purchaser's best interest. 3.06 BIDWITHDRAWAL Bidder warrants by virtue of bidding the prices quoted in their bid response will be ·good for an evaluation period of sixty (60) calendar days from the date of bid opening unless otherwise stated. If a bidders believes that the bidder must withdraw the bid, the bidder must contact the FSA Cooperative Purchasing Program Administrator immediately. Bid withdraws are handled on a case by case basis, and can result in a limitation of participation in future bids. 3.07 ZONE BIDDING Bidders are allowed to bid in one or more geographic zones. The zone map is Addendum B. A Space is provided for the bidder to indicate zone bidding. Absence of any indication of a particular zone will mean that bids for each specification . will be considered in all zones. 3.08 OPTIONTO RENEW WITH PRICE ADJUSTMENT The contract may be extended for an additional two (2) years, on a year to year basis, if mutually agreed by upon both parties. Prior to completion of each exercised contract term, the FSA may consider an adjustment to price due to increases or decreases on the Consumer Price Index; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Nationally published Consumer Price Index-Goods and Services, computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of the extension option period, the vendor's request or adjustment should be submitted sixty (60) days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the FSA 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 will not be considered. FSA Cooperative Purchasing Program 2017-2018 Page 31 I f i I I I I i FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 The FSA reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whiahever is in the best interest of the FSA. 3.09 ADDITIONS AND DELETIONS The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and the participating Purchasers. FSA reserves the right to remove, discontinue or suspend the sale or offering of any product or commodity within the Invitation to Bid document or existing contract, at its·discretion. This decision to take action may be based upon and not limited to: • Few or no sales • Product recalls and other safety issues • Dealer/Manufacturer performance • Lack of relevance of products/commodities 3.10 EQUITABLE ADJUSTMENT The FSA Cooperative Purchasing Program Administrator may make an equitable adjustment to the contract terms or pricing at its discretion. 3.11 DISCOUNTS Discounts must be a whole, positive percentage with no decimal place (e.g. 10%1-Discount ranges are not permissable. Discounts shall be below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers published list price for any vehicle, equipment and factory add options_ The dealer has the authority to offer additional discounts based on quantity, as well as additional manufacturer/dealer discounts. 3.12 CONDITIONS It is understood and agreed that any item offered or shipped "as a result of this bid shall be the most current model offered, i.e. the most current prodUction model at the time of this bid_ 3.13 PRODUCTION CUTOFF Vendor shall notify the FSA Cooperative Purchasing Program Administrator in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer. Purchase Orders received by the Vendor ten (10) bUSiness days prior to the final order date must be accepted and entered into the order system with the manufacturer. FSA Cooperative PllTchasing Program 2017-2018 Page 32 i f I I i I I I I flORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2D17 If a purchase order has been timely received by the Vendor or the manufacturer, and the manufacturer fails to produce or deliver the production year vehicle, the Vendor must provide the next year's equivalent model at current contract prices. Purchase Orders issued and received after the cutoff date will be subject to availability. In this case, the Vendor and manufacturer may, at their discretion, choose to provide next year's model at current year's prices until the end of the contract term. 3.14 FACILITIES The FSA reserves the right to inspect the vendor's facilities at any time with prior notice. 3.15 SUBSTITUTIONS The FSA or Purchasers will NOT accept substitute shipments of any kind. Vendors are expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the Vendor's expense. 3.16 POLICE RATED VEHICLES/MOTORCYCLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These vehicles were historically referred to as "Pursuit Rated", These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for laiN enforcement service. To see the full detailed report click or copy the links below. The importance with which each individual phase is weighted in these evaluations is a subjective decision which should be made by each agency based upon that agency's needs. For the purposes of this bid specification the following recognized authorities are as follows: STATE OF MICHIGAN Department of State Police and Department of Technology, Management and Budget Police Vehicle Evaluation Program http://www.michigan.gov/documents/msp!2017 MY Police Vehicle Evaluation Test Book-Final 544109 7.pdf LASD LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM Vehicles: http://www.la-sheriff.org/s2/static content/srvc/documents/2017 Vehicle Test Booklet.pdf Motorcycles: http://www.la-sheriff.org/s2/static content/srvc/documents12017 Motorcycle Test Booklet.pdf 3.17 SPECIAL SERVICE VEHICLES: Vehicles in this category in some cases have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These vehicles are often referred to as "Special Service Vehicle" (SSV) and often used in public safety applications and other areas of government. Please refer to manufactures published information for detailed information regarding these vehicles. FSA Cooperative PurchaSing Program 2017-2018 Page 33 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 3.18 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS Emergency Light/Siren vendors are required to submit their Society of Automotive Engineers (SAE) Certifications prior to bid submission for each contract. Under Florida Statute 316.003(1), an emergency vehicle is any vehicle driven by fire, ambulance, or police. The statute extends to both privately and publicly owned vehicles. SAE Certifications are to include Class 1, Class 2 and Class 3 to be eligible for 'participation in the FSA Contract, Price submission received without these certifications will not be considered for inclusion. 3.19 CAB AND CHASSIS PURCHASES Cab and Chassis can be purchased from the dealer without any required additional fitting by the dealer. However, the dealer is not required to register/title the incomplete vehicle if an incomplete chassis is sold, unless the upfitting is completed by the dealer or the dealer's licensed and certified upfitter. However, the dealer is required to register/title the vehicle if an complete chassis is sold; only ifthe upfitting is completed by a company other than dealer or the dealer's licensed and certified upfitter, is the dealer not" required to tag and title the vechicle. If an agency chooses to upfit the chassis utilizing a third party supplier and the work is outside of the scope of the purchase o·rder issued to the dealer by the agency, then the third party supplier must perform all the state mandates and issue the appropriate registration/title to the agency upon completion of the work. FSA highly recommends that all upfitting of cab and chassis be performed by vendors who are licensed/certified to perform such work to avoid unnecessary exposure to future liability. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to·cab and chassis purchases. 3.20 FACTORY INSTALLED All options specified· as factory installed are to be installed on the vehicle at the primary site of assembly and is to be the manufacturer's standard assembly-line product. No aftermarket and no dealer ·installed equipment will be accepted as factory installed. Vendors found supplying aftermarket or dealer installed equipment where factory installed are speCified may be required to retrieve all delivered vehicles and reorder new vehicles meeting the specifications. All factory ordered 'options are to be original equipment manufacturer (OEM) and factory installed unless otherwise noted by the Vendor and acknowledged in writing by the Purchaser. Verbal agreements will not be recognized. Aftermarket parts, modifications, and factory produced parts and components ordered and installed by a Vendor that do not meet the requirements of factory installed components, will be rejected for noncompliance with the requirements of the specification. In the event that a component that does not meet the specifications is found installed on a vehicle before or after the vehicle has been accepted by the Purchaser, the Vendor shall be required to replace the vehicle with a vehicle that meets the required specifications, including factory installed components. In the alternative, the Purchaser shall decide whether they will accept dealer installed components. FSA Cooperative Purchasing Program 2017-2018 Page 34 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 3_21 VENDOR INSTALLED All vendor-installed accessories shall be installed according to the manufacturer's specifications. Examples include roll bar, trailer h itch, etc. All such accessories must be manufactured by an established manufacturer of the product provided. Vendor is required to disclose Make and Model of product being offered and the location, deSign, and model must be approved by the Purchaser prior to installation. Dealer must also disclose the warranty of any item that is less than or exceeds factory vehicle factory warranty coverage. An awarded Vendor that employs a third party supplier or subcontracts technicians to install emergency equipment on vehicles purchased on this contract is required to utilize technicians that are certified in law Enforcement Vehicle Installation through EVT Cert'lfication Commission, Inc. or an apprqved equivalent. The Florida Sheriffs Associa~ion Cooperative Purchasing Program Administrator may at any time during the contract period request proof of the required certification. Any awarded Vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract ten (10) days after a written notice of violation is provided. 3.22 NON-SCHEDULED OPTIONS FSA attempts to include scheduled, factory and aftermarket options in the bid document. If an agency requests a non- scheduled option that is not included in the bid document, the Vendor may provide this non-scheduled option. The Purchaser has the opportunity to request the Vendor's discount pricing for any non-scheduled options during the quote process. At no time should the non-scheduled option exceed MSRP or Published list Price. Non-scheduled options should be listed as a separate line item and noted on the purchase order to include the price. All non-scheduled options are covered under these terms and conditions. 3.23 FORCE MAJEURE A Vendor shall not be penalized for a delay resulting from the Vendor's failure to comply with delivery requirements if neither the fault nor the negligence of the Vendor or its employees contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Vendor's control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the Vendor. 3.24 DELIVERY TIME Vendors shall specify the estimated delivery time in calendar days for each item. The Purchaser should consult the Vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. FSA Cooperative PurchaSing Program 2017-2018 Page 3S 3.25 ORDER FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 The Vendor shall submit a copy of the purchase order to the FSA Cooperative Purchasing Program Coordinator within 14 days of receipt from the Purchaser. 1. Purchasers shall issue a purchase order to the Vendor, which shall include the contract number, specification number, Purchaser's federal identification number, name of point of contact and agency, phone number and email address. Required delivery or due dates should be discussed with the dealer at the time of the quote. It is important to note that Vendors do not have ANY control over. production delays in . schedules from the manufacturer. While it is recommended that an agency purchase from the "zone" which is closest to their location, it is not mandatory to do so. Ifthe Purchaser determin.es that a Vendor in another zone can better serve the Purchaser's needs, tlie Purchaser may buy from a Vendor in another zone. Vehicles purchased from vendors awarded in the Police, Administrative, Utility Vehicles, Trucks & Vans contract, outside an awarded zone may, upon mutual agreement between the Vendor and the Purchaser, charge an Out-of-Zone fee. 2. The Purchaser is required to forward an executed copy of the purchase order to the Florida Sheriffs Association, Cooperative Purchasing Program Coordinator at the same time the purchase order is sent to the Vendor. Emails o~ hard copies are acceptable. Emails can be sent to Reports@flsheriffs.org. 3. If a Vendor receives a purchase order for a specification for which they were not awarded, the Vendor must notify the Purchaser and return the purchase order to the Purchaser within three (3) business days. 4. All vehicles ordered prior to manufacturer's close of production and in accordance with the contract shall be supplied in the manufacturer's next model run of that class vehicle even if it requires supplying a .later model at the original bid prices. 5. Vendor shall place the order with the manufacturer within 10 business days of receipt ofthe purchase order. The Vendor shall assure that all orders are placed in full compliance with the specifications ofthe Contract and the purchase order. 6. It is the Vendor's responsibility to ensure that the vehicle ordered by the Purchaser is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards. The Vendor's acceptance of a Purchaser's order will indicate that the Vendor agrees to deliver a vehicle that will be fully compatible with all of its options. 7. Any changes that are required to bring a vehicle into compliance with the various options due to an incorrect order will be accomplished at the Vendor's expense. 8. A Confirmation of Order form shall be completed by the Vendor and returned to the Purchaser 14 calendar days from receipt of purchase order without notification by the Purchaser. The Confirmation of Order form is included in Addendum C. Any additional information needed to complete this form should be obtained from the Purchaser. The form may be modified to accommodate each Purchaser as necessary. FSA Cooperative PurchaSing Program 2017-2018 Page 36 3.26 VEHICLE DELIVERY FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 At a minimum, pre-delivery service shall include the following: • Standard Dealer and Manufacturer protocol for new vehicle delivery; • Cleaning of vehicle, if necessary, and removal of all unnecessary tags, stickers, or papers. DO NOT remove window price sticker or supplied line sheet; • Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle ratio furnished; • Owner's manual and warranty manual to accompany each vehicle; and • MSRP list sheet (window sticker) MUST be in the vehicle when it is delivered to the Purchaser. Vehicles that are missing this form, or have forms that have been altered will not be accepted. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition_ Vendor shall complete delivery of the vehicle to the Purchaser within fourteen (14) calendar days of receipt of the vehicle from the manufacturer or equipment supplier. Vehicles originating as an incomplete vehicle would be exempt. Receipt of a vehicle by the Vendor is defined as acceptance of the vehicle from a common carrier at the Vendors place of business or any third party's place of business. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer's break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a police rated vehicle must use an "OUT OF SERVICE" cover on light bars. All deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchasing agency. Incomplete vehicles would be exempt. The Purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the Purchaser. This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. All warranties shall begin at the time of delivery to the Purchaser. The Purchaser's warranty should not be active for incomplete vehicles or vehicles delivered to an upfitter before final delivery. Vendor shall notify the Purchaser no less than twenty four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. Transport deliveries must be unloaded and inspected by Purchaser. Deliveries not complying with these requirements may be rejected and will have to be redelivered at Vendor's expense. All vehicles must contain no less than 1/4 tank of fuel as indicated by the fuel gauge at the time of delivery. For vehicles and equipment that have more than thirty five (35) gallons of capaCity, a minimum of ten (10) gallons of fuel must be provided. FSA Cooperative Purchasing Program 2017-2018 Page 37 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 3.27 INSPECTION AND ACCEPTANCE It is the responsibility of the Purchaser to inspect a vehicle for any damages. Each Purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable accomodations for inspection cannot be made upon delivery, the Purchaser may have up to three (3) days to inspect the vehicle or equipment for· acceptance. Inspection and acceptance will be at the Purchaser's destination unless otherwise previously agreed upon location was provided in the purchase order. It is the Purchaser's responsibility to thoroughly inspect each vehicle prior to acceptance. Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to inspect the vehicle and compare bid specifications, purchase order and manufacturer's window sticker or manufacturer's invoice to ensure vehicle meets or exceeds the requirements ofthe technical bid specifications and the submitted purchase order. Purchasers should inspect the vehicle for physical damage. Delivery of a vehicle to a Purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect from speCifications, payment can be withheld until such time as the Vendor completes the necessary corrective action. Units shall be delivered with each of the following documents completed or included: 1. Copy of Customers Purchase Order 2. Copy of the applicable Vehicle Specification 3. Copy of Manufacturer's Invoice or Window Sticker. Prices may be deleted from the manufacturer's invoice. 4. Copy of PrecDelivery Service Report 5. Warranty Certification 6. Owner's manual 7. Ifthe Vendor does not provide the tag and title, then the DHSMV 82040 (Application for Certificate o/Title and/or Vehicle Registration) which requires a signature of authorized representative. Deliveries that do not include the above forms and publications will be considered incomplete and can be refused. 3.28 VEHICLE TAGS AND TITLE Costs of tag and title shall not exceed the statutory rates. FSA Administrative Fee does not apply to tag and title work. Title items shall be the responsibility of the Vendor. Reasonable administrative costs for obtaining temporary tags, tag transfers, and new tags are permitted and can be negotiated between the Purchaser and the Vendor. All additional costs associated with obtaining, filing and shipping of FSA Cooperative Purchasing Program 2017-2018 Page 38 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 tags shall be disclosed clearly in the comments section below the applicable option. Administrative costs can indude convenience fees, cost reimbursements for filing, obtaining or delivery of tags, or any costs over the original purchase price. 3.29 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the Vendor and Purchaser placing orders using this contract. Vendors must invoice each Purchaser independently. A Purchaser has three (3) working days to inspect and accept the vehicles or equipment. The Vendor shall be paid upon submission of invoices to the Purchaser after satisfacory delivery and acceptance of the vehicles and/or equipment. The Local Government Prompt Payment Act will apply to ensure timely payment of Vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70-218.80 af Florida Statutes. 3.30 WARRANTY REPAIRS AND SERVICE All warranties shall begin at time of delivery and final acceptance by the Purchaser. Failure by any manufacturer's authorized representative to render proper warranty service or adjustments, including providing a copy of the warranty work order to the Purchaser, may subject the Vendor to suspension from the approved vendor listing until satisfactory evidence of correction is presented to the FSA Cooperative Purchasing Program Administrator. 3.31 INADEQUATE SERVICE When vehciles and equipment require service or adjustments upon delivery, the Vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer's local authorized dealer or other service provider to remedy the defect. Such service or adjustments shall be initiated by the Vendor within 48 hours after notifrcation by a Purchaser, not to 'include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory and the vehicle or equipment is redelivered. The provisions of the delivery section shall remain in effect until the redelivery is accomplished. The cost of any transportation required shall be the responsibility of the Vendor until the vehicles or equipment are satisfactory and accepted by the Purchaser. 3.32 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS Purchase Orders The Vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered late if not submitted fifteen (15) days after the date of the purchase order. Vendors should scan a complete copy of the purchase order and attach it as a . pdf. Place the document title in the subject line of the e-mail and send purchase order copies to coop@flsheriffs.org. The files should be named using the following examples: Examples: County = Florida County, County of po 12345 ABC County BeC PO 12345.pdf FSA Cooperative Purchasing Program 2017-201B Page 39 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 City = Florida City, City of PO 12345 Sheriff = Sheriff Office of PO 12345. Education = Institution Name P012345 Quarterly Reports ABC City PO 12345.pdf ABC Sheriff PO 12345.pdf ABC County College PO 12345. pdf Quarterly reports are the contractual responsibility of each awarded Vendor. Quarterly Reports which do not adhere to the required format or are not complete of all purchase orders will be returned to the reporting Vendor for correction of deficiencies. All quarterly reports are to be sent to coop@flsheriffs.org. Quarterly Reports must be complete with the name of the dealer and the date. For example, "Spomot Motors, October 30, 2017" would be i.n the document header. Do not indicate the quart~r on the top ofthe report. Purchase orders are not necessary for the quarterly report. An example of a Quarterly Report is in Addendum D. Quarterly Reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports should follow this schedule: QUarter 1: October 1-December 31 QUarter 2: Quarter 3: Quarter 4: January 1-March 31 Aprill-June30 July 1-September 30 Ql Report Due: January 15 Q2 Report Due: April15 Q3 Report Due: July 15 Q4 Report Due: October15 If a Vendor has no sales within a quarter, the vendor is required to submit a quarterly report and must indicate "NO SALES THIS QUARTER" on the report. 3.33 ADMINISTRATIVE FEE The Florida Sheriffs Association charges three quarters of one percent (.0075) to procure, process and administer the Contract. After receipt of payment from contract purchases, the Vendor shall remit all administrative fees to the FSA no later than 15 days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a Quarterly Report. Dealers are to include three quarters of one percent (.0075) to the base bid prices. The fee should be incorporated into the price at the time of bid submission This fee should also be included on all add options. It should never be listed as a separate line item on any purchase order. The administrative fee is based on the total purchase order amount of new vehicles or equipment. This fee excludes any value given to Purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. The administrative fees is the contractual responsibility of each awarded Vendor. By submission of the Quarterly Reports and admistrative fee, the Vendor is certifying the accuracy of the reports and deposits. All reports and fee submissions shall be subject to audit by the FSA ortheir designee. FSA Cooperative PurcnaSing Program 2017-2018 Page 40 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 All participating Vendors will be responsible for making sure that the FSA Cooperative Purchasing Program Administrator has the contact e-mail address for the person responsible for all Quarterly Reports. There will be no reminders for the Quarterly Reports or the administrative fee_ Checks for the administrative fee can be sent to: 3.34 FINES Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 Failure to submit the a'dministrative fee with accompanying quarterly reports within 15 calendar days, following the end of each quarter will result in late fines, Vendors failing to submit administrative fees and Quarterly Reports will incur a $25 late fee for every day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action 'is initiated by the FSA to recover administrative fees or fines as set forth in this section and Section 3.33, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred in the litigation. Venue shall lie in the appropriate court in and for Leon County, Florida. When quarterly reports are late, fines are to be included in Vendor's Quarterly Report and administrative fee submission. Late fines that are beyond 45 days can result in disqualification for future solicitations. Schedule of Fines Failure to submit quarterly report on time Failure to report a Purchase Order to FSA within the 30 calendar days of the purchase order date Failure to Report Sales FSA Cooperative Purchasing Program 2017·2018 $25.00 per day $100.00 per Purchase Order .0075 of the sales price plus 1.5% each month following the delivery date. Page 41 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8-4-2017 Addendum A Fjf!ida$6.~A~att~l:\ Coopeiiitive Pul'd1asiric "Propam iVend6r: ChaRla bOiitirri1lrit et,li!~ t#JiYP#le:rbrt:!Qltl\@, i@ljhir~.!i"~~~qillligf't"~~IlC!mf~J!ltO!~J.i,I~Il~~C;@JI!¢t:JpfoIfr1Ptl!'1i /ii!/~\V; lnclild, "T/'M!!i/Qnf;lf'fteIrl,fn1l!rJllctitM nils C/l1I~,C/tit(lnd"'lf', Newln/otmtIflon ,Newtompa~;iIJ,: " ~"tnf6rmationrs reqeestled b\lIlOlluthorimd'representatNe of 1h~~ui!st:W1lIta~~,e~:~~"cn .. s ltlSJ'e,~"II't~bv ct-m-'~-IU-ng-:t-9''''''''~-" ~~-,-, "~-'_"'"~~"';~'fl-:-fllij.dritl~'-"-""""""""; -----' Narnfi:dfAi.ttiiorize:il'Qll'r)pan¥'RepresentaUlte ________________ _ ~QI!''l'I~!i,--_________ --, AUlboriz9d,CbmpanyRilpwantatlv9'SiPtur.a: __________________ _ i:~:i:--'c-;;,s~:(l~r.~~~i\;',::,',' "'"-:~ 7:~ :~':::"J·}~S::::, .. ·,: ~ ·-~r{~ ',;, ;,;' ~. -.:f~~~,::~:.~ , :,',,: .-~'.~~~3) ~~~'~~.~.:: _.j,.'~ :l~:' .~~.}--~./::< .. ~"~;{l ~.~1: I:, >q:l !~:(:,~~~'-~--~~:~ ~-,~~?j:r: , i: ~ .~~~~(~ .. ;j ~~ . '7"::~:~~-[-i~~~· .. ?L:/·~;I.:·;~S~:~ FSA Cooperative Purchasing Program 2017-2018 Page 42 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 Adden.dum B. FSA CONTRACT ZONE MAP W1!STBRN WBD'E1IN BAY CALHOUN mxm . ESCAMBJA PJIANKIJN GADSDEN GULF HOlMES JACICSON )EIlFERllON UFAlEI1'E LEON l.IIIB1rlY .MADISON OXAl.OO&A SANTAllOSA TAYI.Oll WALTON WAKULI.A. WASHINGTON CIiN'l'IW. IUtEVARO cmrns Dl!SOl'O IIAlIDlm lIEJINA!ID()- HIGHI.AND8 JDTISJIOROlJGEl INDIAN RtvER LAKE MANA'lliE 0IEliCB0JmF. ORANGE OSCEOLA. PASCO PINIlLLAS 1'0« Sf.1.UCIE SAJWOtA S1iMINOLE SUMTER v.J.II..:JOIS XOIlTllEllN ALACIWA B&XEll lIUDFOIID CLAY 00LlJMIIIA. DUVAL· R.AGLEIl G1I£DlUST HAMlL"tON LEVY MAnION ·NASSAU PU'I'NAM: S'f.JOUNS SUWANEE UNION VOlUSlA 501tl'J1ERN BJIOWAIID CHAIlLO'n'R COIJlEll GLADiS HIiNDJIY l.IB .MAlltIN MIAMI-DADE MONllOJi PAW BEACH FSA Cooperative Purchasing Program 2017-2018 NOlt.THERN Page 43 ,. I I j I j' I I I I I t i I \ I ! t I 1 I I I I i I I i I I . FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program' Contract Terms and Conditions Rev 8-4·2017 AddendumC ICQNF'IMiAf,;QN~QiFn9R.DE.R··'1 F.ljnda Stleflffl.A$SQ~:atlQtf ,&Flantia .Assodalton: of Co,unties; :CAI:HlCHAISi'5 tata~Ksa.--tltHEK fliEr EQUIPMENt ;D·."D' ;&1'1:\ .. 'iijj,x;~~VV -g . AU .• "1\ . AAAIV\'IN.ISn: A :tonfrrmatron olOrclerform slialrbe:eompleted;J;y,the"VendiJr and returnedfo 1hePurehaser DlC.iIIimditt days;friim·ri!i;erjit tifpiirtbilSe'o"rdeif'witli'outliOtifftatfoitbY'tfie puf~1ia5ei. .. M!ifeli~:~".,.-. -.,.-_~~~,--,-~..,.,.--~_",--~~~-,----'-.."-,-_~=,.....",,,.......,._. GI~:.". .. ,...,...,.,c-=~=----=-_~----,--,. S~te~~~~,----,-=-~ il~1 .,.-. ~,--_~~ ~!J~~ P.erwQ~ ~-=~-~~~~-~~~~~~-~~=-~~~ ~p.~qfl~tli?h~Q; .. ·Type,Vehlclel.,.... _----",-,-_.,.-.,.-..".,.,. __ --.=".,.---~..",..,-~ Purchas'e 0rder'~i1mber:. J>urchase Order Received: . ____ ---"--"'-_ . OrderWas:pliIced With the Manufaeturer;on; Unded>raduotlonNlImbef':'! ..-. .....",---,.,-,.."..,.,..".,.....",-----."---,.,.--"..,..,.....",-_...,,,....=--.---,. ~~.Iy!ll'y.slNuJq'Qt(i!lr WUh{il_. _ ~\eJ;l(jarq~ ;(I~~r ~~~t Wp!!~~h,~e. .Qnt~r. 'Al!lo{l'( oft/1e ReqUlredPtoductloll Sheet.l~fare,Attachlldifor·;VourFIIa tbmniertts: .,.-.,.-------------------------------------------~ ~n~; ~ .. ~~ __ ~~ __ ~~ ______ ~ __ ~~~ __ ~~ __ ~~~ ~i\'l'ci~.Pet.$!)iU ~-__ -~---_~_-__ ~ _____ --__ ~ Address: ___________________________________ _ ~~;yt"'"-____ ~_~ _____ ~.~@t.!!!; ~~~~~~, Zipi,~. ____ ~ Phone:Ni.iIl'iIi.~t-: ___ -__ ~------_.:f'!.<t: _~ ____________ _ B;mall: ________ ~ ___________ ~ __ .,._.,._ FSA Cooperative Purchasing Program 2017-2018 Page 44 Ntlm or Purchasing Agency Page Total FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8-4-2017 Addendum D [INSERT DEALERSHIP NAME HERE) (lntJBft 7kJb.HsadsrEdllJ QUARTERLY REPORT for BID. [Enter Bid Number} Effective Dates: Oct 1. 2017 ttru September 30. 2018 PO# QW. I Spec.' Vehicle Type PO Data Total PO Amount $ . Admln.FM $ - $ - $ - $ -1$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 1$ - $ - $ - $ · ~ · $ · $ - $ - $ - $ - $ - $ - $ · $ - $ - $ - Fees and reports are due no later than the 15th of the month following quarter end. FSA Cooperative Purchasing Program 2017-2016 Page 45 ATTACHMENT B CONTRACT.FOR CAB & CHASSIS TRUCKS & OTHER FLEET EQUIPMENT • Contract PriCe, Specification #71 • City of South Miami Quotations and Specifications Page 6 of6 ThomasF. Pepe -1.23.l8 I r ~ l- i I f f f i i i ~ FlU FLORIDA .~SSOC1KrlON OF COUNTIES All About florid • . FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 125KW GENERATOR PACKAGE SPECIFICATION #71 2018 Tradewinds TP125 The TradewindS TP125 purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this C9ntract'S vehicle base price as awarded by specification by zone. ZOllTE: BASE PRICE: Western $41,173.00 Northern $41,173.00 Central $41,173.00 Southern $41,173.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the typevehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equijlment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from tbeappropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. 2833 L VEHICLE: DEALER: ZONE: BASE PRICE: Order Code T20-UL-FS 1 T30-UL-FS 1 , TS6-lJL..FS 1 T60-UL-FS 1 TPSO-tJL..FS 1 TPloo-UL-FS 1 TOM45-UL-FS I TGMoo;.UlrFS 1 TGMSO-UL-FS 1. ITIOO-150-FS 1 ITlSl-300-FS 1 IT301-600-FS 1 TPI25 Tradewinds Power Corp West~ Tradewinds Power Corp Tradewinds PoWer Corp Tradewinds Power Corp Northern Central Southern $41,173.00 541,173.00 $41,173.00 $41,173.00 ,Delete OptiODS ' All Zones I Downgrade generator package -20KW \1 (S14,084.00)lj DowngNdI1 fI/1III1TrIIrIr ]1QCkIzgI1 to 20lwe, TIER Compliant die8el MgII/e, SOgal UL tmli; 80amp brI1II1rer, NFP.A. 110 'j OOIItToUer, lJIIlP'illl1 gmds almninllm ac10aurewtm natnless SIeI1J hardware. Unit M~. I , . I ' · 1 ,Downgrade generator package;. 30KW ' , 1($11,944.00) I Downgradl1 generator pac1azge 10 30kwe, TIER Compliant diesel engiPle. 50,al UL tank, 1 SOamp breaker, NFP A. 110 controller. lJIIlP'ine grade aluminlllll fIIIclo.sul''' wiJh stainless stel11 hardWQTe. Unil, 'lUJllproprielfUJ/. 1 Downgrade genera.torpackage -SOKW , Downgrade generator ptdDge to S6lwe, TIER Complianl DIesel f!IIgiIre. 75gal UL tarrA; 3fJOanrp Inwlrsr,NFP.Al10 ' controlllr, IIIIlrinegraile ~ enc1Q8fUf1wit11 *1116811 steel flardware. Unit~. 1 Downgrade generator package -60KW , ' DowngrDlle generator pac/c(lge'to 6Okwe. TIER Compliont diuel engine. 75gal UL tank, JOOamp breaker, NFPAII0 cOntroUer. marine grade alumtllWll acloSUl't! with SltJinless steel hardWlJl'e. Unit IIlmprop''ietruy. ,I ~grade~pacbge-80KW ' , ", ~~tii-~·t081JlweP.erkma,'_CompliqRI.:7$go!.UL1tDIA;40JJaniP.~NFPA1JO Conrroller.~grwiIe~hnnlnlllit~Wlt&Btrlinlesuteel,,~ fInli~: 1 , , Downgrade generator package -lOOKW Downgrade genera/or paekoge to 10000e Perkill8. TIER Compliant, 7Sgal UL tan1r, sOOamp breaker, NFPAIJO controlle.r; marine grade aluminum enclosure with slll/nl_ steal hardware. Unit IIOnproprilllfUJ/. 1 1 ($6,577.00) ($4,673.00)1 ($4,25£oO) 1 .... ($4,095.00») D~~~-specify , " . , ($11,636;00)1 ~e:frfJj.-J2~ diiael.io. 30lwe ~8fU or propane with ~gmtIe 801111d atteiJiMited endQfU1YlWlth ' 8tlllII1~BtM~.~sitlJt-.150tunpbreaker..GMengbre.·6Sd&4@1l~ 18(}(hp11i, NFPA. 110 " ~lIer. fMf!. U:n(t't,flm-p1'fJpriIIItI1')1. :' . Downgrade generator package -specify Downgrade from 125kwe diesel to 4Slcwe natural gas or propane, with marine gnu/e sound attenuated ~cJoSlUe with swnieallilteel hardware. aluminum sub ba8ll. 200amp breakeJ~ OM engine. 10dBA. @ 21~ 1800rpm. NFPA 110 , controller. PUG. Unit lIOn-proprietary. I ~:,~package -Bpecify .. ~frrim ~ dlusl to 60IcwB natural gru'arproJll.l1lB with IIIIII'lnegTQde 8rnuulllltmfMiterl ~ with 8f11itr~ B!BfII.IumIw~ aI"."um BUbbaBe, J60tzmp brea.tw; GN I1II{iIM. '10dBA. @ 21~ J 800rpm. NFPA 110 CM/f1'fJUer, P{riG. Unft ~f(1prieltl1y.l ,.., ' Downgrade generator package -specify Downgrade from 12Skwe diesel to 80kwe natural gas wilh marinl1 grade sOl/nd attenuated enclaaure with stainlus steel hardware, allUllinum sub lnue. JOOamp breaker. GM engine, 7UdBA @1r. 180Orpm, NFPA. 110 controller, PMG. Unit non-proprietary 1 Downgnsde ,generator package -specify Delete option· specifY lOO-lSOamp. J ad ph. Inslllliotion oJtransfer switch. mounted up to J5 feet away from main power source. Installation of generator pOWer not to exceed SO feet away, Oblllin permit, pour pcul. set and install generator. and transfer switch. Cost per amp. 1 ' Delete option -specify J Sl-JOfJamp, 1 or J ph. J/Ulallatlon oftronafer switch, mounted up to 15 Jest _ay from. main pawe1'll0llTCe. llUtallation of gerremtDr power not to exceed 50 feet away. Obtain pennit, pour pod. Bel mul iIIatIIll generator. and trlllllf(er8Witch. Conper amp. 1 , Delete option -specify 60J-lOOOamp. I Dr J ph.1f13l1lllolion oJ,ransfer swirch, mounted up to IS feet away fram main power source. Installation oj generator power not to erceed 50 feel away. Obtain permit, pour pad. sec ond install generator. alld tran~er switch. Cost per amp. 1 ! 1 (S7,n6.00) ($4.980.00)1 I . I NA ($38,195.00)11 . I 1($38,200.00)1 ! I I I ! ! Ii ! ($38,210.00) : ; I . , 2834 VEmCLE: TP125 DEALER: Tradewinds Power Corp Tradewinds Power Corp Tradewinds Power Corp Tradewinds Power Corp ZONE: BASE PRICE: ITIOOl-4000-FS I 500TANK-UL-FS 1 Western Northern Central Southern $41,173.0.0. $41,173.0.0. $41,173.0.0. $41,173.0.0. i Delete option -specify· I JOfJI-IOOOamp. I or 3 ph.lnstt.rllDtion of trrmafer 8Wiich. mormled up to 15 feet away from mlJDI power SOllrC£. IllMtlJlltzJjOlJ ofgnUQldr puwer not to ~eed 50 feet _q. OlIt1JiJ1 permit. pOIII' pad. set IJM ,,,,tall generator. and tranl!for.rwttch. CDst per amp. 1 ! Delete option -specify . 1500 galla", UL 142. above grou"a steel 3tomge tank with required jittings and delivery. Off-loading by others. I I ($38,225.o.o.)l! f ! I ' I ! : I i (S31,o.OO.OO) I 1000T ANK-UL-FS 1 I Delete option -specify . , 1000 grzIlO7l, UL 142. abotle g,urmd .feelsrorQge tank FDEP Complltmlwlth required ftrthap arid delivery .. Off-loading by otlrsra. 1 I 1 'I ($26,443.00). DELETE-A-FS 1 DELETE-B-FS I DELETE-C-FS 1 Delete-D-FS 1 TIo.-TP-FS 1 T30-TP-FS 1 TG-N-IOO-FS I ' TG-P-lOO:.FS 1 Order Code Delete option -specify Delete aluminum welJther enclO.ture and sub base fuel from 9kwe -30kwe packages and provide steel sub base with loose -ffler. exhflWlr flex; and l'Qin ClJp I , Dei~ .qption ~ specify DeUIe.~ WI!IPh~rellclDaure and subbase foelfrom 31M -l00kwe packages arid provlde n,elsub base with looi!e n,.ffIe1',eil:limJitftt«; aM ralll cap I '. , Delete Oimon -specify . Delete aluminum weather enclO.ture o"d sub basefuelfrom lOlkwe -200kwe packages and provide steel sub base wilh loose muffler, exhaust flez. alld rain cop 1 , ·tDe~O¢.Qn,.~· '. ' . . , . li'~ ~ vietitJrsr.~e mul~lHuejiMllfrom 201lwe -400kwe pDdllgu and J1I'QI'iIk 8Ieel sub btue . with loose 1IIfIjJkr, ~ j1er. iBId PYlin Cllpl ' Delete option -specify Upgrade generator pDCkIJge /0 20kwe Total Pac with emission compliant engiM, transfer switch prewired inside marine grllde alumiJlum enclOS1lT1l. 1500mp, sllJi"less steel service disconnects. IJftd /50gal tank. UL 142 Itm/c. Unit lIO,,-proprietory' UL Listed I ~rem~oo~~ , . , q,gnule ~~ge to JOkwe Total Pac with_fallon ctIItlpIIrml engirre. trorI9fer BWitd JRY!Wi!ed I7I8fIIs 1fIIII'fMgra4B~linDliJlllrre. 20f1tit1iP, 6tlzbrJUUleel8erviceiiBco1lrteCtg, Qnd.ljOgaltdlrk. UL142 tank. Ullit JI.oi,'fII'O~ f/l.·Ltned 1 . '. ' . . Delete option -specify I Upgrade generator package to lOOIcwe nalul'Ql gas engine aluminum sub base, 175amp breaker. NFPA.110 contt·ol1er. lIUlrine grade aluminum enclosUJ'e with slllinless slesllwrdware. Unit non-proprietary I Delete ~OQ -specify" ' ~grade gerrendo; ptu:Ja;geto lOOkwe liquid proptme fueled ps engine aluminum sub 1Nue. 11Samp brellkBr. NPPAII0 CC/IIIroIlerj mtirine~ 1Ilumln'um enc1tm1T8 with mirafeR 1Ieel1umlwtzr .. Unit ~ 1 Delete option -specify I Delete option.-8~ify i Delete option -specify AddOptioos 1($34,929.00)1 ($32,929_00) 1 ($30.,429.00) I . t ($25,929.00) i ($1,580.00.)1 (S680~OO)1 ($1,508.0.0.)1 (S299.00)1 NA NA NAI All Zooes Options are to be discounted below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers published list price for any factory add options_ Purchasers are encourage to negotiate pricing for options. Additional discounts for each add option shall be decided by the Vendor. Please refer to the Contract Terms and Conditions, 2835 VEHICLE: TP125 DEALER: Tradewinds Power Corp Tradewinds Power Corp ZONE: Western Northern BASE PRICE: $41,173.00. $41,173.00 Tradewinds Power Corp Central $41,173.00 Tradewili.ds Power Corp Southern $41,173.00 I Section 2. 14 Option Pricing. I TPI50-~FSI TP175-UL-FS 1 T20O-UL-FS 1 T2SO-UL-FS 1 T300-UL-FS I TP56-TP-FS 1 TP65-TP-FS 1 TP80-TP-FS 1 TPlOO-TP-FS 1 Tl25-TP-FS 1 TPl50-TP-FS 1 TP175-400-TP-FS 1 TPI75-60O-TP-FS 1 I Upgrade generator package -150KW '1 Upgrrul~ geMTator paclalge to 150/twe TIER compliant ertgille. 300gal'tank, 400amp breaker. NFPAllO controller •. marine grtule 4iumillum enclosure with atain/illa sUe/luzrliware. Ullit non-proprletary I . .' . I Upgrade generator package -175KW . . . I Upgrade gmeraJor package to J 75kwe Pflrkins TIER compliant engine. 300gal tank. 400tl1llp breaker. NFPJl.1l0 1 controller, mllrine grade alumillJlm enclosure with stainless steel hardware. Unit non-proprietary 1 I Upgrade generator package -200KW Upgrade generator poc/aIge to 20Okwe, with TIER compllmll engine, 300gul tank. SOOlDllP br~. NFP All 0 controller. IMrlne grtide lIiurnfnwrl enclosure with ~ilIIess sled hardWare. Unit non-proprietary 1 Upgrade generator package -250KW Upgrtule generator package to 250kwe with TIER compliant engine. 500gll1 tank. 500amp ·breaur. NFPAJ JOcontroller. marine grllde aluminum enclosure with stainless steel hardwllre. Unit non· proprietary 1 . . Upgil!de.generator pllckage -:.300KW· ..... .. . .' Up'gratk ~ pqckiljeto 300kweWith etIluir 11ER eomp1ianl eng/IIe; ~00gal.1!ilIk, 66Oampbreilko.NFPAI10 c.onJro11sr. i7#Irlne. grade tll~ eiu:1fN!1U'lI. witJ18talnlu6 sted1umlwDre.· UiWiJo1i?tiprletaiy J'. . Upgrade generator package -specify UpgrtJde generator package to J6kwe UL 2200 approved Total Pac. TIER rompliant engtne, transfer switch p/?Wired inside marine grade aluminllnl enclosure. 200amp. stainless steel service disconnects. and 1JOgai t411k UL 142 tank. I Unit non.proprietary 1 Upgr8de generator p~kage,-.specify .. .' . . UpgrtUie g~or package. tQ6S);we UL 220U DJlProvedTotill Pac. 17ER.comp~ ~ tnmsfN'switfJ~pre'wireJ· btiidc lfIlII1ne.jjiYUk aliImiritDn enclflSUl'i, 2S0amp. stuillleaa sted JliIW:e dtaccRmicU. tinil J JDgal.lrmk Ul; 1-12 tank. Unit~etJUyI .' .' .... '.' . Upgrade generator package -specify . \ Upgrade generator package to BOkwe UL 2200 approved Total Pac; TIER compliant engtne. trans/e~ switch prewired i inside marine grade aluminum enclosure, 250amp, stainless steel service disconnects. and 150gal tank UL 142 tank. Unit non· proprietary 1 Upgrad~ generator package -specify . . . . .' Upgrtills generator pllcla,ge.to lOO);we UL 2200 approved TotDl Pac. T1BR ClJ!IIPlillnt engine, trl1n8j'er ~Ich prewired wide IIIDrinB grttde tlllllllimmr enclo&ute. 400amp. stlJirtle.JS neel,tII'Vla diiJco",,~.and HOgal tank UL 142 trmk. Unit non-proprietary 1 ..' . Upgrade generator package -specify UpgrtJde generator package ta l25kwe Total PIIC. Perkins/John Deere 11ER compliant engine. trans/61' switch ]prewired inside marine grade aluminum enclosure. 400amp. slain/.ess stee/service disconnects. and 300gal tank UL . /42 tank. Unit lion-proprietary I Upgrade generator package-specify '. Upgrade getlerotor pllCkoge to 153kwe Total Pac with TIER complltlntenglne. trtIn9jer switcla prewiredinslde marine grrule aluminum enclosure. 400mnp. stainlui stMiservicf1 dl3connsc18. and 500grsi tim! UL 142 trurJc. Unit . non-proprislary 1 . . Upgrade generator package -specify I Upgrtule generator package to 175kwe Total Pac with TIER compliant engine. transfer switch prewired inside marine I grllde aluminum enclosure. 400amp. stainless steel senice disconnects. and 500gal tank UL 141 umk. Unit I non-proprietary 1 1 Upgrade generator package -specify I Upgrtule generator package to 175kwe Tota/ Pac with TIER compliant engtne. trtZ1ISjer switch prewired wide tIUl1'ine grade alUminum enclosure, 6O(Jamp. stuinless steel servtce ducorl1UlclS. and 500g4l tank UL 142 tank. Unit I non-proprietary 1 . 1 i $7,686.00 I 1 $9,795.001 $39,800.00 1 $49,549.00·. $8,627.001 $11.578.~1 $14,850.00 1 $17,468.001 I $31,231.00 I $32,295.00 1 \ I 11 . $34,645.00 I j. 1 i C<A 11 ,"1,528.00 , 2836 VEIDCLE: DEALER: ZONE: BASE PRICE: TP200-400-TP-FS I TP200-600-TP-FS I T-150tank-FS 1 T -200tank-FS 1 TI-8000-UL-FS 1 TC-8000-ill.-FS 1 TLlT-ENC-FS 1 TPOL-FS 1 TJ-125-FS 1 TG-125-FS 1 TG-195-FS 1 TG-150-FS 1 TNFPA-FS 1 TAMPI-FS 1 TAMP2-FS I TlSO-FS 1 TP125 Tra4ewinds Power Corp Tradewinds Power Corp Tradewinds Power Corp Tradewinds Power Corp Western Northern Central Southern $41,173.00 $41,173.00 $41,173.00 $41,173.00 I . ! Upgrade generator package -specify ! : Upg~ade generoto~ package to 200kwe Total Pac with TIER compliant engine, transfer switch prewired inside marine: i grade aluminum enclosure. 400amp. stainless steel service disconnects. and 500galtank UL 142 tank. Unit, i I PIOn-proprietary 1 I Upgrade generator package -specify , Upgrtule generator packDge to 200kwe Totol POJ! with TIER compliant engine. transfer awitch prewtred inalde marine I griIde a/UlllUwm enclosure. 600amp. stoin1ess steelseMlice diaconrrects. and SOOgal trmk UL 142 14nk. Unit . non-proprietmy l . I Upgrade generator package -specify , Optional equipment·-specify Upgrade ewting UL 142 aubbasefoel tank to 150 gallons with FDEP pad;Qge wuleJderior corrosion _istant paInt applied 1 , Optional equipment -specifY Upgrade existing UL 142 subbase fuel tank to 200 gallons with FDEP package and exlerior corrosion resistant paint applied 1 Opti~ equipment':' spC;Cify . ' /JOOf) gallon, ULJ42. steel subbase foellallk to accept one or two generators with neceaaary imllnp. neps. electrical aiU1i-Upii, alld FDEi' fill ptn1. 1 , . . . Optional equipment -specify . 8000 galloll. UL 2085. above ground concrete fuel tank with all necessary filting$. ground level fift paillt, and alarms. I Optional equipment -~ , Stppo/ .qiullMtDO Interior encJo.riIre maintenance lights with 60 niilllimer I Optional equipment. specify Supply and /1I.ffall diesel fuel polishing system 1 QptioJial equipmeot ~ specify SUpply /ooae portable diesel foe! poluhing !/)'Stem 1 Optional equipment -specifY Change bid model engine to TIER emission compliant John Deere engine with same specification and raling. I O¢.onal equipment -Specify Upgrade generaJOr package to 125kwe nalllTal gas or propane 8llgine, alUIII/J!Wllaubbase. 200amp breaker. NFP AIIOcontroller. marine grade alummum enclosure witlr srahlless stlIel Juudware. Umt nrm-propmttiry 1 Optional equipment -specify Upgrade generalor package to 195kwe natural gas or propane engine. aluminum subbase. 300amp breaker. NFPAI 10 controller, marine grade aluminum enclosure with stainless Sleel hardware. Unit non-proprielary I Optional equipment -specify Upgrade genmJtor pm:kDge to 150kwe nalllTal gas or propane engine, olUJ/Iinum subbaae, 250amp brettku. NFP AIIO controller •. marine grade aItlmmum encloaure with stainless steel hardware. Unit non-proprietary 1 Optional equipment -specify Upgrade generator control panel 10 incillde but not be limited to NFPA 110 Yl?quirelJlents 1 I Optional equipment -specify Upgrads generator main hrealr£r to 100% rated breaksr with shunt trip, 50 -400amps, 1 I I Optional equipment -specify ; Upgrade generator main breaker to 100% rated breaker with shunt Ilip, 401 -1600amps, i Optional equipment -specify i Shipped /aOlle steel spring vibration isolators that go ulllkmeath equipment 1 $38,850.00 1 1 I I $44,850.001 1 NA $2,380.00 1 $3,840.00 1 1 $44;750.00 1 $64,582.00 I $1,24(1 •. 001 1 $3,850.00· $8,560.00 1 1 $3,650.00 $15,289.001 $36,150.00 1 $16,250.00 1 1 $1,650.00 1 $2,500.00 1 $5,680.00 $895.00 1 2837 VEHICLE: DEALER: ZONE: BASE PRICE: TSCD-OI-FS 1 TRMA-02-FS 1 TREG-03-FS I mv ARP-04-FS 1 EX-SS-FS 1 TMAIN-ll TMAIN_2 1 5}'I"-FS 1 TP125 Tradewinds Power Corp Tradewinds Power Corp Tradewinds Power Corp Tradewinds Power Corp Western Northern Central Southern $41,173.00 $41,173.00 Optional equipment -specify SCADA interface box with dry contacts 1 $41,173.00 $41,173.00 Optional equipment -specify . NFPA. .• 110 CQt/tj>/Umt generator remote IUInuttcilltor pilML (Flushed or Surface mount) Shipped Loo8e. 1 Optional equipment -sp.ecify . Emergency break glaas Push buiton mounted in a NEMA 3/' box. (Shipped Loose) 1· Optional equipment -specify . . GenerarorvoitQge regulator upgradefor 3ph sensing with PMG. 1 Optional equipment -specify Stainless steel exhaust which includes mujJ1e,.. rain cap. piping and clamps. 20 to IOOkw J Optional equipment -specify Optional equipment -specify Optional equipJllent -specify Maintenance Plan -specify One (1) main_nce trip to change oil, oil jllter. and fuel fillers for uniis below 200kwe. Inspect/check operation of generator set and ATS. TakE oil sample for evaluation, 1 . Ma,integance Plan -specify . One.(l) FIIIIi!IteNmce trip to'~ oj~ !1I1ft~ and fusl film for unita above 201kwe -600kwe.l1/apect/check ClJH"'DJfolI of getI81'iIkIr Ife' and AlS. Take oil sample for evaluation. 1 Warranty -specify 5 year, 2500 hour standby extended warranty to jnclude engine. alternator, brealcer, conlrol panel. Enclosure. but excludes foel tank, price is 5% of lotal purchase price. 1 Wammty -specify ,Warranty -specify $1,250.00 1 \ ; $989.001 1 $450.001 1 11 $1,452.00 I 1 . $2,985.00 \ NA NA $925:1\ 1 $1,850.00 I 2838 I Std11 I NAI NAI I. Municode Page 1 of 1 Sec. 2-4.7.-Surplus city-owned property. (a) Items of personal property owned by the city shall not be sold unless and until it is declared to be surplus property by resolution of the city commission. (b) The' city commisSion 'shall-notconsider declaring anY'item of personal property to be surplus unless the city manager has affirmatively recommended such action thereon. (c) Upon determination by resolution by the city commission that an item of personal property is surplus, the city manager is hereby authorized to sell to the highest bidder at public sale or, if approved by the commission by resolution, at public auction, said item of personal property after advertising the date, time and place of said sale or auction once a week for three (3) consecutive weeks in a newspaper of general circulation in the city. The city manager shall have the right to accept or reject any or all bids. In the event the personal property shall be offered for sale or auction, and no bids shall be received therefor, it shall be deemed that such property has no value and the city manager in his discretion may order it destroyed or otherwise disposed of. (d) This section shall not apply to stolen, abandoned or confiscated personal property which has come into the city's possession. (Ord. No. 810, §§ 1-4,2-5-74) Editor's note-Ord. No. 810 did not expressly amend this Code, hence codification of §§ 1-4 as § 2-4. 7 was at the discretion of the editors. http://library.municode.com!print.aspx?clientID= 115 87 &HTMRequest=http%3a%2fOIo2fli... 3/1112011