7Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Valerie Holland
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract to purchase a garbage truck
from Palmetto Truck Center, Inc. 3/5 (City Manager-Public Works Dept.)
Suggested Action:
Attachments:
Memo- Garbage Truck FY1 19-20.docx
Reso_-Garbage_Truck_FY_19-20_piggyback_sheriff_Assoc._-1CArev.docx
ASL_New Way_No_Autolube_Rev2.0.pdf
Piggyback Contract PALMETO TRUCK CENTER 12.16.19.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
VIA:Steven Alexander, City Manager
DATE:January 07, 2020
SUBJECT:A Resolution authorizing the City Manager to purchase a garbage truck
from Palmetto Truck Center, Inc.
The Public Works Departmentprovidesgarbagecollection for South Miami
residents. The new garbage truck will replace the current unit, a 2004, 2-
door garbage truck. The unit has exhausted its useful life due to its
continued use throughout the past 15 years. The purchase of the new
garbage truck will eliminate the costly and continuous repairs that the unit
needs, to continue its use to the Department.
The City desires to utilize the Florida Sheriffs Association Contract under
the Terms and Conditions as set forth in the solicitation agreement
between Florida Sheriffs Association and Palmetto Truck Center, Inc.
Contract FSA18-VEH16.0.
BACKGROUND:A Resolution authorizing the City Manager to expend $309,984 with
Palmetto Truck Center, Inc. for the purchase of the garbage truck charged
to account number 301.1720.534.6440 (CIP).
AMOUNT:$309,984
ACCOUNT:Account No.: 301.1720.534.6440 (CIP) has a current balance of $323,285.
SUPPORT:Piggyback Contract with Palmetto Truck Center, Inc.
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RESOLUTION NO.: _________________________1
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A Resolution authorizing the City Manager to negotiate and enter into 3
a contract to purchase a garbage truck from Palmetto Truck Center, 4
Inc.5
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WHEREAS,the Public Works department provides garbage collection for South 7
Miami residents; and8
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WHEREAS,the new garbage truck will replace the current truck, a 2004, 2-door, 10
garbage truck; and 11
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WHEREAS,the current truck has exhausted its useful life due to its continued use 13
throughout the past 15 years; and14
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WHEREAS,the purchase of the new garbage truck will eliminate the costly repairs 16
that the current truck will need, to continue its use to the Department; and17
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WHEREAS, the City Manager wishes to piggyback on Florida Sheriffs 19
Association Contract FSA18-VEH16.0 with Palmetto Truck Center, Inc. under the same 20
Terms and Conditions as set forth in the solicitated agreement between Florida Sheriffs 21
Association and Palmetto Truck Center, Inc. The purchase price will be charged to account 22
number 301.1720.534.6440 (CIP) which has a current balance of $323,285.00.23
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NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY 25
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:26
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Section 1. A Resolution authorizing the City Manager to negotiate and to expend28
an amount not to exceed $309,984 to purchase an Automated Side Loader - Labrie 33 29
Cubic Yard garbabge truck from Palmetto Truck Center, Inc., including a 5 year 30
aftertreatment extended warranty.31
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Section 2. Severability. If any section, clause, sentence, or phrase of this 33
resolution is for any reason held invalid or unconstitutional by a court of competent 34
jurisdiction, this holding shall not affect the validity of the remaining portions of this 35
resolution.36
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Section 3. Effective Date: This resolution shall take effect immediately upon 38
adaption by vote of the City Commission.39
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PASSED AND ADOPTED this ____ day of _____________, 2020.42
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ATTEST:APPROVED:45
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____________________________________________________48
CITY CLERK MAYOR49
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Page 2 of 2
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:2
LANGUAGE, LEGALITY AND Mayor Stoddard:3
EXECUTION THEREOF Vice Mayor Harris: 4
Commissioner Gil:5
Commissioner Liebman:6
_____________________________Commissioner Welsh:7
CITY ATTORNEY8
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Palmetto Ford Truck Sales, Inc
Florida Sheriff's FSA18-VEH16.0 Cab Chassis Trucks and Heavy
Equipment
Effective October 1, 2018 – September 30, 2019
City of South Miami
Automated Side Loader - Labrie 33 Cubic Yard
Autocar base spec - Southern Districts 139,850.00$
(5,170.00)$
588.00$
69.00$
11,624.00$
570.00$
196.00$
500.00$
156.00$
$3,995
155,495.00$
3,442.00$
869.00$
312,184.00$
12,799.54$
Total Price Before Competitive Price Assistance 324,983.54$
Competitive Price Assistance (Autocar & New Way)-15000
309,983.54$
Approval: _____________________________________
Print Name: ___________________________________
Purchase Order Number: ________________________
ISL Cummins 350HP
Automated Side Loader Base
Refuse Heavy Hauler Package
Air Assist for Cab Tilt
Air Drain w/ Central Manifold & Petcocks
New Tag
Oil Pan Guard
Advanced Diagnostic Display (Must be ordered on all units
ordered after Nov 1, 2019 - Per Autocar)
NET PRICE
Aftertreat Ext War 5 Years
Front Engine PTO Provision
Single Right Hand Drive
Diamond Plate Driver Floor
Cummins Ext Warranty PP1 5 year
2019 Roll Over based on Consumer Price Index 4.1%
Sub Total
Please Contact: David Yglesias (305) 470-1331 / david@palmettotruck.com with any questions
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CONTRACT FOR CAB & CHASSIS TRUCKS & HEAVY-DUTY EQUIPMENT
THIS AGREEMENT made and entered into this ____ day of __________, 2019 by and
between the City of South Miami, a Florida municipal Corporation by and through its City
Manager (hereinafter referred to as “City”) and Palmetto Truck Center, Inc., (hereinafter
referred to as “Contractor”) whose address is 7245 NW 36 Street FL 33066 and whose email
address is david@palmettotruck.com
WITNESSETH:
WHEREAS, the FLORIDA SHERIFFS ASSOCIATION solicited bids pursuant to
FSA.18-VEH16.0, for CAB & CHASSIS TRUCKS & HEAVY-DUTY EQUIPMENT; and
WHEREAS, the FLORIDA SHERIFFS ASSOCIATION, after completing a
competitive bidding process, awarded a contract to Contractor, and
WHEREAS, the City of South Miami desires to utilize the FLORIDA SHERIFFS
ASSOCIATION 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 SHERIFFS
ASSOCIATION 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 and Contractor pursuant to
[solicitation No], as modified by this Agreement.
2. The City has reviewed the contract between FLORIDA SHERIFFS
ASSOCIATION and Contractor and agrees to the provisions of that contract which shall be
applicable to a purchase 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 Attachment A and made a part hereof by reference.
All references in the contract between FLORIDA SHERIFFS ASSOCIATION 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, as set
forth in the contract between FLORIDA SHERIFFS ASSOCIATION 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 FSA.18-
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VEH16.0, and the contract between FLORIDA SHERIFFS ASSOCIATION 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.
4. Term. The term of the contract, including all extensions authorized by the
contract shall not exceed five years.
5. Scope of Goods and Services. The scope of goods and services (which may
hereinafter be referred to as the “Work”) are set forth in the attached 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 services reflected in Attachment A shall, unless
otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services,
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 goods and services rendered, if any, with the exception of
permits fees charged by the City, said fees shall be waived.
6. Contract Price. The contract price for the good and services is set forth in
Attachment A or B. If not otherwise set forth in the contract between FLORIDA SHERIFFS
ASSOCIATION 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 after final inspection and approval, by the
City, that approves of the goods delivered, if any, and the services performed, if any.
7. Precedence. The term, provisions and conditions of this Agreement shall take
precedence over the terms, provisions and conditions of the contract between Contractor and
FLORIDA SHERIFFS ASSOCIATION.
8. Grant Funding: This project is being funded by N/A 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. Public Records: CONTRACTOR and all of its subcontractors are required to
comply with the public records law (s.119.0701) 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
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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 information technology systems of the public agency. IF
THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-663-6340; E-mail: npayne@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, or lawsuit arising out of the Contract
Documents or the performance of the Work thereunder or any counterclaim, cross-claim or third
party claim filed in the same proceeding.
11. Notices: Whenever notice shall be required or permitted herein, it shall be
delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or
certified mail with return receipt requested and shall be deemed delivered on the date shown on
the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the
date on the return receipt or the date shown as the date same was refused or unclaimed. If hand
delivered to the CITY, a copy must be stamped with the official CITY receipt stamp showing the
date of delivery, otherwise the document shall not be considered to have been hand delivered.
Notices shall be delivered to the following individuals or entities at the addresses (including e-
mail) or facsimile transmission numbers set forth below or in the introductory paragraph to this
contract:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
With copies to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
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12. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which may be construed as an original.
13. Attorneys’ Fees and 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.
14. Indemnification: Notwithstanding anything contained in the contract between
Contractor and FLORIDA SHERIFFS ASSOCIATION 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 term or 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.
Palmetto Truck Center, Inc:
By: ____________________________
____________________________
(type name and title of signatory above)
ATTEST: CITY OF SOUTH MIAMI
By: ____________________________ By: ____________________________
Nkenga Payne, CMC Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language, Legality and Execution Thereof.
By: ____________________________
Thomas F. Pepe
City Attorney
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ATTACHMENT A
CONTRACT FOR CAB & CHASSIS TRUCKS & HEAVY-DUTY EQUIPMENT
• AWARDED VENDOR DIRECTORY
• SCOPE OF SERVICES & TERMS & CONDITIONS
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FSA18-VEH16.0 Cab and Chassis Trucks and Heavy Equipment
Contract Renewal Vendor Directory
Company Address City State Zip Code Vendor Contact Phone
Number
Mobile
Number
Email Address
Alamo Industrial 1502 East Walnut Street Seguin TX 78155 Mike Pereny 830-305-2673 800-242-5266 mpereny@alamo-group.com
ARS Powersports 4422 Hwy 441 N Okeechobee FL 34972 Bill Conner 863-467-0900 863-484-0912 arspower99@yahoo.com
Bandit Industries, Inc.6750 Millbrook Road Remus MI 49340 Kyle Hobbs 800-952-0178 678-576-7887 khobbs@banditchippers.com
Bobcat Company 250 East Beaton Dr.West Fargo ND 58078 Jesse Rheault 701-241-8759 701-630-5134 jesse.rheault@doosan.com
Container Systems & Equipment 506 Bellevue Ave.Daytona Beach FL 32114 William Young 386-451-5531 386-451-5531 byoung@containersys.com
Cowin Equipment 7950 Pittman Avenue Pensacola FL 32534 John Edwards 850-479-3004 850-685-7055 jedwards@cowin.com
DeLand Truck Center 1208 South Woodland Blvd DeLand FL 32720 Howard Williams 386-734-8740 386-801-4187 howard@delandtruckcenter.com
Dobbs Equipment LLC 2730 Falkenberg Road Riverview FL 33578 Dave Walsh 239-334-3627 239-849-7488 dave.walsh@dobbsequipment.com
Doosan 2905 Shawnee Industrial Way, Suite 100 Suwanee GA 30024 David Dixon 678-417-6660 470-865-1585 david.dixon@doosan.com
Earthmovers Construction Equipment, LLC 2325 Clark St Apopka FL 32703 Scott Woody 407-401-8956 919-291-5737 swoody@mayequip.com
Environmental Products of Florida 2525 Clarcona Road Apopka FL 34471 Jeffrey Haase 407-798-0004 352-427-6621 jhaase@myepg.com
Everglades Equipment Group 906 US Hwy 301 N Palmetto FL 34221 Mark Gulick 941-722-3281 813-478-2145 mgulick@efe1963.com
Federal Contracts Corp 12918 N Nebraska Ave Tampa FL 33612 Christopher Rey 813-631-0000 407-256-6475 chris@federalcontractscorp.com
Flagler Construction Equipment 8418 Palm River Road Tampa FL 33619 Kevin Gray 813-630-0077 813-391-8159 kgray@flaglerce.com
Four Star Freightliner 270 Four Star Way Midway FL 32343 Zack Howard 850-701-0163 850-508-6214 zackh@fourstarfreightliner.com
Futch's Tractor Depot 8515 State Road 207 North Hastings FL 32145 Shawn Sadler 904-692-3673 386-937-4477 shawn@futchsdepot.com
General GMC Truck Sales 360 S Military Trail West Palm Beach FL 33415 Leonard De Santi 561-686-8906 561-373-1801 ldesanti@generalgmc.com
GHC Motorsports 614 US 27 S Lake Placid FL 33852 Paige Cowell 863-699-2453 863-243-4447 paigeghc@gmail.com
Great Southern Equipment 1023 South 50th Street Tampa FL 33619 Lanny Hollifield 813-248-4971 813-376-3392 lannyh@gsequipment.net
Holland Pump Company 345 Thorpe Rd Orlando FL 32824 Eugene Lant 407-855-7109 321-297-6372 eugene@hollandpump.com
Humdinger Equipment 3202 Clovis Rd Lubbock TX 79424 Dusty Zeigler 912-728-8084 912-662-2280 dusty@humdingerequipment.com
Jeffrey Allen, Inc.4401 US Hwy 301 N Tampa FL 33610 Jeffery Hernandez 800-282-6256 813-230-3644 sales@jeffreyalleninc.com
Kelly Tractor Co 8255 NW 58th Street Miami FL 33166 Greg Bennett 305-592-5360 786-229-7037 greg_bennett@kellytractor.com
Kenworth of Central Florida 1800 N Orange Blossom Trail Orlando FL 32804 Mike Crawford 352-427-5462 352-427-5462 mike.crawford.kwcf@gmail.com
Kenworth of Jacksonville 833 Picketteville Rd Jacksonville FL 32220 Ed Costello 904-739-2296 904-588-8999 edcostello@kwjax.com
Kenworth of South Florida 2909 S Andrews Ave.Ft. Lauderdale FL 33316 Nelson Martinez 954-523-5484 305-458-5833 nmartinez@kenworthsf.com
Lou Bachrodt Freightliner 2840 Center Port Circle Pompano Beach FL 33016 Drew Ellison 407-375-3304 407-375-3304 georgeordrew@aol.com
Orlando Freightliner 2455 S Orange Blossom Trail Apopka FL 32703 Bob Scharpnick 407-295-3846 407-509-6651 bscharpnick@orlandofreightliner.com
Palm Truck Center 2441 S State Rd 7 (441)Ft Lauderdale FL 33317 Rudy Mangino Jr.954-584-3200 954-817-8058 rmangino@palmtruck.com
Palmetto Truck Center 7245 NW 36th St Miami FL 33166 Charlie Rodgers 305-470-1334 305-972-7133 crodgers@palmettotruck.com
Pat's Pump & Blower 2141 W Church St Orlando FL 32805 Steve Newman 407-841-7867 941-232-3298 patspump@aol.com
Ridge Equipment Co., Inc.6820 US Hwy 27 N.Sebring FL 33870 Scott Bradley 863-382-4157 863-381-5771 sbradley@ridge-equipment.com
Ring Power Corporation 10421 Fern Hill Dr.Riverview FL 33578 Alan Thomas 813-865-2103 352-427-0252 alan.thomas@ringpower.com
Rush Truck Center - Tampa 8111 East Adamo Drive Tampa FL 33619 Steve Bell 813-559-2324 321-205-7143 bells@rushenterprises.com
Sarasota Fun Machines 304 Triple Diamond Blvd North Venice FL 34275 Ed Gurry 941-925-0376 941-685-1425 egurry@sarasotafunmachines.com
Sewer Equipment 1590 Dutch Road Dixon IL 61021-8624 Shawn Bondele 815-835-5623 815-631-4134 shawnbondele@sewerequipment.com
Southern Sewer Equipment Sales 3409 Industrial 27th St Fort Pierce FL 34946 Bill Stinson 772-595-6940 772-216-2173 info@southernsewer.com
Southern States ToyotaLift 115 South 78th Street Tampa FL 33619 Shane Polson 904-764-7662 904-588-8579 spolson@sstlift.com
Southport Truck Group 7528 US HWY 301 N Tampa FL 33637 Scott Endris 813-262-0890 813-293-0866 sendris@southporttruck.com
Terrain King 1502 East Walnut St Seguin TX 78155 Michael Pereny 239-694-2185 239-825-2408 Mpereny@alamo-group.com
Texas Trailers Sales and Service 5601 NW 13th St Gainesville FL 32653 Rick Croft 352-378-4756 352-222-8665 rick@texastrailersfl.com
Trekker Tractor 1504 East Tampa Blvd Tampa FL 33619 Matthew Price 305-821-2273 813-525-0795 govsales@trekkergroup.com
Truckmax Isuzu 291 S Federal Hwy Homestead FL 33033 Guillermo Chez 305-777-9000 305-720-4501 mytrucks101@gmail.com
Truckmax, Inc 6000 NW 77 Court Miami FL 33166 Guillermo Chez 305-777-9000 305-720-4501 gchez@truckmax.com
Trucks & Parts of Tampa, LLC 1015 S. 50th St Tampa FL 33619 Blake Hamilton 813-247-6637 813-917-9263 Blake@trucksandparts.com
Vermeer Southeast 4559 Old Winter Garden Rd Orlando FL 32811 Mark Miller 407-295-2020 239-229-3101 markmiller@vermeersoutheast.com
Weedoo 8020 Belvedere Rd, #1 West Palm Beach FL 33411 Tara Lordi 561-204-5756 917-449-4834 tara@weedooboats.com
Ver 0926196 of 63
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Contract: FSA18-VEH16.0
Cab & Chassis Trucks & Heavy Equipment
Contract: FSA18-VEL26.0
Police Rated, Administrative,
Utility Vehicles, Trucks and Vans
FSA Cooperative Purchasing Program
Contract Terms and Conditions
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Contents
1.0 GENERAL CONDITIONS .............................................................................................................. 5
1.01 BID CORRESPONDENCE ................................................................................................ 5
1.02 PURPOSE ....................................................................................................................... 6
1.03 TERM OF CONTRACT..................................................................................................... 6
1.04 ESTIMATED QUANTITIES ............................................................................................... 6
1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ......................................................... 6
1.06 FUNDING ....................................................................................................................... 7
1.07 CURRENCY..................................................................................................................... 7
1.08 GENERAL DEFINITIONS ................................................................................................. 7
1.09 ELIGIBLE PURCHASERS OF CONTRACT .......................................................................... 8
1.10 LEGAL REQUIREMENTS ................................................................................................. 9
1.11 PATENTS & ROYALTIES ................................................................................................. 9
1.12 FEDERAL AND STATE STANDARDS ................................................................................ 9
1.13 UNDERWRITERS’ LABORATORIES ............................................................................... 10
1.14 AMERICAN WITH DISABILITIES ACT ............................................................................ 10
1.15 REASONABLE ACCOMMODATION .............................................................................. 10
1.16 MINORITY BUSINESS ENTERPRISE (MBE) ................................................................... 10
1.17 ANTI-DISCRIMINATION ............................................................................................... 10
1.18 BEST COMMERCIAL PRACTICES .................................................................................. 10
1.19 PUBLIC ENTITY CRIMES (PEC) ..................................................................................... 10
1.20 TAX EXEMPTION ......................................................................................................... 11
1.21 TAXES .......................................................................................................................... 11
1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................... 11
1.23 COMMUNICATIONS .................................................................................................... 11
1.24 CLARIFICATION AND ADDENDA .................................................................................. 11
1.25 SIGNED BID CONSIDERED AN OFFER .......................................................................... 12
1.26 ASSIGNMENT OF CONTRACT ...................................................................................... 12
1.27 TERMINATION OF PRODUCT LINE .............................................................................. 12
1.28 METHOD OF AWARD .................................................................................................. 13
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1.29 DEMONSTRATION OF COMPETENCY .......................................................................... 13
1.30 VENDOR ABILITY TO PERFORM .................................................................................. 13
1.31 FINANCIAL RESPONSIBILITY ........................................................................................ 14
1.32 QUALITY AND SAFETY ................................................................................................. 14
1.33 NONCONFORMANCE TO CONTRACT CONDITIONS .................................................... 14
1.34 GRATUITIES ................................................................................................................. 15
1.35 TIE BIDS ....................................................................................................................... 15
1.36 RIGHT TO AUDIT ......................................................................................................... 15
1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS ........................................................ 16
1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE ......................... 16
1.39 ELIMINATION FROM CONSIDERATION ....................................................................... 16
1.40 COLLUSION ................................................................................................................. 16
1.41 DEFAULT ..................................................................................................................... 17
1.42 PROTESTS AND ARBITRATION .................................................................................... 17
1.43 NONPERFORMANCE ................................................................................................... 18
1.44 SEVERABILITY .............................................................................................................. 19
1.45 TERMINATION FOR CAUSE ......................................................................................... 19
1.46 TERMINATION WITHOUT CAUSE ................................................................................ 20
1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO ................................................. 20
2.0 BIDDER INSTRUCTIONS ......................................................................................................... 21
2.01 FIRST YEAR BIDDER QUALIFICATIONS ........................................................................ 21
2.02 LICENSING/FACILITIES ................................................................................................. 21
2.03 INSURANCE AND INDEMNIFICATION ......................................................................... 21
2.04 SPECIFICATIONS .......................................................................................................... 24
2.05 FIXED PRICES ............................................................................................................... 24
2.06 SEALED BIDS ................................................................................................................ 24
2.07 EXCEPTIONS, OMISSION AND ERRORS ....................................................................... 24
2.08 MISTAKES .................................................................................................................... 25
2.09 EQUIVALENTS ............................................................................................................. 25
2.10 MANDATORY PRE-BID MEETING ................................................................................ 25
2.11 QUALIFICATION .......................................................................................................... 26
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2.12 PRICES QUOTED .......................................................................................................... 26
2.13 OPTION PRICING ......................................................................................................... 26
2.14 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS .................................... 27
2.15 SUBMITTAL OF BID ..................................................................................................... 28
2.16 ZONE BIDDING ............................................................................................................ 29
2.17 EXECUTION OF BID ..................................................................................................... 30
2.18 MODIFICATION OR WITHDRAWALS OF BIDS ............................................................. 30
2.19 LATE BIDS .................................................................................................................... 30
2.20 BID OPENING .............................................................................................................. 30
2.21 DETERMINATION OF RESPONSIVENESS ..................................................................... 30
2.22 RESPONSIBLE BIDDER CRITERIA.................................................................................. 30
2.23 BASIS FOR AWARD ...................................................................................................... 31
2.24 BID WITHDRAWAL ...................................................................................................... 31
2.25 BID TABULATIONS ....................................................................................................... 31
2.26 MINOR IRREGULARITIES/RIGHT TO REJECT ................................................................ 32
2.27 CONE OF SILENCE ....................................................................................................... 32
3.0 CONTRACT CONDITIONS ....................................................................................................... 33
3.01 GENERAL REQUIREMENTS .......................................................................................... 33
3.02 STATEMENT OF AUTHORITY ....................................................................................... 33
3.03 VENDOR CONTACT INFORMATION ............................................................................ 33
3.04 OPTION TO RENEW WITH PRICE ADJUSTMENT ......................................................... 33
3.05 ADDITIONS AND DELETIONS ....................................................................................... 34
3.06 EQUITABLE ADJUSTMENT ........................................................................................... 34
3.07 DISCOUNTS ................................................................................................................. 34
3.08 CONDITIONS ............................................................................................................... 34
3.09 PRODUCTION CUTOFF ................................................................................................ 35
3.10 FACILITIES ................................................................................................................... 35
3.11 SUBSTITUTIONS .......................................................................................................... 35
3.12 POLICE RATED VEHICLES/MOTORCYCLES ................................................................... 35
3.13 SPECIAL SERVICE VEHICLES: ........................................................................................ 36
3.14 CAB AND CHASSIS PURCHASES ................................................................................... 36
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3.15 FACTORY INSTALLED ................................................................................................... 36
3.16 VENDOR INSTALLED .................................................................................................... 37
3.17 NON-SCHEDULED OPTIONS ........................................................................................ 37
3.18 FORCE MAJEURE ......................................................................................................... 37
3.19 DELIVERY TIME............................................................................................................ 37
3.20 ORDER ......................................................................................................................... 38
3.21 VEHICLE DELIVERY ...................................................................................................... 39
3.22 INSPECTION AND ACCEPTANCE .................................................................................. 40
3.23 VEHICLE TAGS AND TITLE ........................................................................................... 40
3.24 INVOICING AND PAYMENTS ....................................................................................... 41
3.25 WARRANTY REPAIRS AND SERVICE ............................................................................ 41
3.26 INADEQUATE SERVICE ................................................................................................ 41
3.27 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS ........................................ 41
3.28 ADMINISTRATIVE FEE ................................................................................................. 42
3.29 LIQUIDATED DAMAGES .............................................................................................. 43
Appendix A ................................................................................................................................ 45
Appendix B ................................................................................................................................ 46
Appendix C ................................................................................................................................ 47
Appendix D ................................................................................................................................ 48
Appendix E .............................................................................................................................................. 49
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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 for this bid are:
FSA Cooperative Purchasing Program Coordinator
E-mail: cpp@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 communication and/or document submissions for this Invitation to Bid should be identified by contract
title and number and directed to:
Florida Sheriffs Association
Attn: Cooperative Purchasing Program Coordinator
2617 Mahan Drive
Tallahassee, FL 32308
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1.02 PURPOSE
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 Contract Administrator in the solicitation process and the
administration of the contract. The purpose of this 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 vehicles and equipment on a “no 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, by separate agreement.
Under no circumstances shall trade-in transactions be deemed to constitute part of, or to have been
conducted pursuant to, this contract.
1.03 TERM OF CONTRACT
This contract shall remain in effect for one (1) year from date of contract execution by the Administrator,
and may be renewed by mutual agreement, at the sole option and discretion of the FSA, for up to two (2)
additional years, on a year-to-year basis.
Contract extensions will only be executed when the FSA determines, based on then-existing conditions,
that it is in the best interest of the FSA and the purchasers to do so.
In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month
basis only and shall not constitute an implied renewal of the contract. Such a month-to-month extension
shall be upon the same terms of the contract and at the compensation and payment provided herein.
Prior to completion of each contract term, the FSA may consider a price adjustment due to changes in the
Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics, or as a
result of any changes to national or state standards that require substantial cost adjustments, or in the
event of material changes in tariffs that result in cost increases of 15% or more.
1.04 ESTIMATED QUANTITIES
In FY 2015-16, eligible users purchased approximately 13,560 vehicles and pieces of equipment from this
contract. These estimated figures are given as a guideline for bidders preparing bids.
Quantities provided to not guarantee or imply future contract sales. Neither the FSA nor any eligible user is
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 that would otherwise require sealed and competitive bidding procedures.
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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.
Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way
obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder
in responding to this solicitation.
1.06 FUNDING
In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract
must be appropriated by the Florida Legislature, the individual participating agency or the agency’s
appropriating authority for each fiscal year included within the contract period. For such agencies, their
performances and obligations to pay for products or services under any resulting contract, or purchase
order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the
appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically
terminate without penalty or termination costs in the event of non-appropriation.
1.07 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.
1.08 GENERAL DEFINITIONS
The terms used in this contract are defined as the following:
a. Administrator: 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. 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.
c. Dealer: A manufacture’s certified representative authorized by the manufacturer to market, sell,
provide, and service the vehicles/equipment for the FSA Cooperative Purchasing Program. Dealers
may be vendor-owned and controlled, in whole or in part, or independently owned and controlled.
d. 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.
e. Factory: Refers to the manufacturer; the assembly line.
f. Fleet Advisory Committee (FAC): An employee of a sheriff’s office or other local governmental
agency, or any other person who FSA identifies as subject matter expert who assists with the
development of bid specifications and evaluation of bid responses. The Fleet Advisory Committee
makes recommendations to the Administrator and is not responsible for final awards.
g. Invitation to Bid: A competitive solicitation and award process established through the issuance
of an invitation to vendors, dealers and manufacturers to submit a price offer on a specific product
to be provided. This term shall include the bid specifications found at https://VeBA.flsheriff.org
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and references to solicitation documents. The term shall not include request for proposals, request
for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or
written quotations.
h. Manufacturer: The original producer or provider of vehicles or equipment offered on this contract.
i. 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, Inc.’s PC Carbook (PC Carbook Plus and PC Carbook Fleet Edition)
3. Manufacturer’s Annual U.S. Price Book
4. Manufacturer’s official website
j. 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.
k. 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.
l. Published List Price: A standard “quantity of one” price currently available to government and
educational purchasers, excluding cooperative or volume discounts.
m. Purchaser: A Purchaser is an entity that seeks to obtain vehicles or equipment off this contract by
meeting the eligible user criteria or with vendor approval.
n. Purchase Order: A documented agreement formalizing the terms and conditions of this contract
under which a vendor furnishes vehicles or equipment to a purchaser.
o. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services
which contribute to the overall finished vehicle. Third Party Suppliers are contractors under the
direction and responsibility of the bidder or vendor. Third Party Suppliers may also be referred to
as upfitters within this document.
p. 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.
q. Vendor: The bidder that has been awarded and agrees to provide products, vehicles, or equipment,
which meet the requirements and base specifications. The vendor must agree to the contract
terms and conditions of the contract before being awarded to the contract.
r. Vendor Installed: A product or service provided by the vendor or other third party; not the factory.
1.09 ELIGIBLE PURCHASERS OF CONTRACT
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Awarded bids, or contract prices, will be extended and guaranteed to any unit of local government, political
subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities,
sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or
districts, water management districts, police and fire departments, emergency response units, state
universities and colleges, or other state, local or regional government entities within the State of Florida.
All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under
this contract. Participating agencies cannot guarantee any order other than those ordered by the individual
agency.
In addition, bids can be extended and guaranteed to other entities approved by manufacturers to
participate in this contract to include out of state sales. Vendors are governed by their manufacturer’s
agreement, and must agree to the terms and conditions of this contract.
1.10 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 of applicable legal requirements will in no way be a cause for
relief from responsibility.
1.11 PATENTS & ROYALTIES
The bidder, without exception, shall indemnify and hold 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, or 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 costs in any way
arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the
work.
1.12 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 legal or regulatory requirements that become 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 vendor shall meet or
exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall
contact the Administrator immediately.
The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and
contract.
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1.13 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.
1.14 AMERICAN WITH DISABILITIES ACT
To request this material in accessible format, sign language interpreters, 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.
1.15 REASONABLE ACCOMMODATION
In accordance with the Title II 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.
1.16 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.
1.17 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
11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex
or national origin.
1.18 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.
1.19 PUBLIC ENTITY CRIMES (PEC)
In accordance with the 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 of 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
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construction or repair of a public building or public work, 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.
1.20 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 501(c)3 organization and is exempt from all Federal Excise and State
Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3.
1.21 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.
1.22 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. Contract Conditions
3. Addenda to Bid Specifications, if issued
4. Bid Specifications
5. Bidder Instructions
6. General Conditions
1.23 COMMUNICATIONS
Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of
process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this
procurement.
Bidders should not rely on representations, statements, or explanations other than those made in this Bid
or in any written addendum to this Bid, and no oral representations, statements, or explanations shall be
deemed to bind the FSA or eligible users.
1.24 CLARIFICATION AND ADDENDA
Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to
CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must
be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will
be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar.
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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.
Questions received after the cone of silence date listed on the bid calendar will not be addressed. The
Administrator reserves the right to address technical questions.
The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are
required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation
document. In the event of conflict with the original specifications, addenda shall govern to the extent
specified. Subsequent Addenda shall govern over prior Addenda 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 bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space
provided. Failure to acknowledge Addendum shall deem the 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 except those made through the posting of a Formal Addendum.
1.25 SIGNED BID CONSIDERED AN OFFER
The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted
upon approval by the FSA and in case of default on the part of successful Bidder, after such acceptance, the
FSA may procure the items or services from other sources. The bid submission must be signed by an
authorized representative.
An electronic signature may be used and shall have the same force and effect as a written signature.
1.26 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 name agreement will not change the contractual
obligations of the Vendor.
1.27 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
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the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions
throughout the remaining term of the contract.
1.28 METHOD OF AWARD
The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids
meet the requirements of this solicitation.
The FSA reserves the right to make multiple awards within a specification, if deemed in the best interest of
the FSA and the purchasers.
Awards will be posted on the FSA website according to the date posted in the bid calendar.
1.29 DEMONSTRATION OF COMPETENCY
Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial support, equipment and organization 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 information 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 bid submission may render the bid nonresponsive.
Pre-award inspection of the Bidder's 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.
Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from
this solicitation or developed by the manufacturer, must be the original work of the individual or company
that submits the bid for evaluation.
1.30 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 vendor 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.
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By responding to this procurement 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 of the 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.
1.31 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 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 of all outside
liens, encumbrances, security interests apart from the dealer floor plan or other dealer inventory
finance security interest.
1.32 QUALITY AND SAFETY
All materials used for the manufacture or construction of any supplies, materials or equipment
covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and
highest 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.
1.33 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 vendor'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.
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• FSA and Purchasers being advised not to do business with vendor. 1.34 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.
1.35 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 the State of Florida
• Dealers performance record with purchasers
• Coin Toss
1.36 RIGHT TO AUDIT
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 and to make copies of all related records
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, sub-vendors, or third party suppliers in whatever form they may be kept – written or electronic.
Such records shall include, but not be limited to:
• Accounting records, including paid vouchers, cancelled checks, deposit slips, ledgers, and bank
statements;
• Written policies and procedures;
• Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.);
• Original estimates or work sheets;
• Contract amendments and change order files;
• Insurance documents; or
• Memoranda or correspondence.
Vendor shall maintain such records during the term of this Contract and for a period of three (3) years after
the completion of this Contract. At the vendor’s expense and upon written notice from FSA, the vendor
shall provide such records for inspection and audit by FSA or its authorized representatives. Such records
shall be made available to FSA during normal business hours within three business days of receipt of the
written notice. FSA may select the vendor’s place of business or offsite location for the audit. The FSA may
also request the vendor provide requested records via e-mail.
Vendor shall ensure FSA has these rights with Vendor’s employees, agents, assigns, successors, and third
party supplier 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 extent that those subcontracts or
agreements relate to fulfillment of the Vendor’s obligations to FSA.
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Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not
addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting,
overpricing or overcharges (of any nature) by the vendor to FSA or a customer 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. 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 or payments that must be made as a result of any such audit or inspection of the vendor’s
invoices or records shall be made within a reasonable amount of time (not to exceed 60 days) from
presentation of FSA’s findings to Vendor.
FSA has the right to assess damages or seek reimbursements or refunds based on audit results.
1.37 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. 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. 1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE
Bid Bonds, when required, shall be submitted with the bid in the amount specified in Bidder Instructions.
After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of
insurance in the amounts specified in the Bidder Instructions and/or Insurance Checklist.
Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with
pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best
practice in comparing performance bond expense against any prior discounts that may be available.
1.39 ELIMINATION FROM CONSIDERATION
This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA,
whether in relation to current or previous bid awards or for other business purposes.
1.40 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 Collusion:
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• 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.
Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive,
and will be suspended or barred from bid participation. Any contract award resulting from collusive
bidding may be terminated for default. Further, any collusion that is detected by the FSA may be
reported to relevant law enforcement and/or prosecutorial agencies.
Vendors or dealers and their representatives may submit multiple bids without conflict of collusion if the
bid submitted is not from the same manufacturer and product line. Dealerships which share the same
ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region
featuring the same manufacturer and product line.
1.41 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 any bid surety required that is equal to damages incurred by the FSA
therefrom, or where surety is not required, failure to execute a contract as described above may be grounds
for removing the bidder from the awarded vendor’s list.
In case of default on the part of awarded bidder, the FSA may take necessary steps to otherwise procure
the products sought, including but not limited to procuring the products or services from the next highest
ranked bidder or from other sources. A defaulting bidder may be held liable for costs incurred by the FSA
in procuring replacement products.
1.42 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 Administrator within three (3) business days after the posting of the Intent to
Award and shall file a formal written protest within five (5) business 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
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validity, and corrective action will be taken as needed 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 decision pertaining to this contract shall
post with the Florida Sheriffs Association at the time of filing the formal written protest or within the five
(5) 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 ten percent of the product line being
protested. FSA will provide the amount required within two (2) business days of the notice of protest
received. This 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 three (3) business days 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 ten (10) business 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 ten percent of the product line being protested. This
amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to
provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required
bond and security requirement within the specified timelines shall constitute a waiver of arbitration
proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory
binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any
way relating to the procurement process, and expressly waives any and all rights that it may otherwise
have to pursue such claims in any other forum, judicial or otherwise.
If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of
the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the
parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of
their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the
Florida Sheriffs Association.
1.43 NONPERFORMANCE
The vendor shall at all times during the contract term remain responsive and responsible. In determining
vendor’s responsibility, the Administrator shall consider all information or evidence that 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 provisions of this contract can be assessed liquidated
damages, suspended or terminated from the contract. The Administrator has the discretion to remove a
noncompliant vendor from future competitive bid solicitations.
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At the Administrator’s discretion, vendors may be required to develop corrective action plans to address
contract compliance. Failure to abide by corrective action plans will result termination from the existing
contract and future competitive bid solicitations at the discretion of the Administrator.
In situations where there is evidence that the vendor has engaged in egregious breaches of the contract
with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be
removed from future solicitations for a period of three (3) years and up to a permanent ban from the bid
process.
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 inconsistent with the intent of the contract.
Any vendor presented with a valid purchase order is required by this contract to accept such purchase order
and deliver the product. Orders must be fulfilled if the vehicle or equipment is a base model or whether it
includes options. The vendor must deliver this product if they were awarded the contract – regardless of
profit or loss.
Failure to deliver the vehicles or equipment mayresult in the purchaser 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. Additionally, FSA may seek damages for
nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s
fees incurred in the recovery of these damages.
All terms and conditions are applicable throughout the term of the contract and not any given Year, Make
or Model.
1.44 SEVERABILITY
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.
1.45 TERMINATION FOR CAUSE
If through any cause within the reasonable control of the vendor, 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 of the deficiencies shall be given to the vendor and unless the
deficiencies are corrected within 10 business days, the Contract may be terminated for cause immediately.
The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the
failure to exercise such right shall not be deemed to constitute a waiver of this right.
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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 vendor shall not be relieved of liability to the FSA for damages sustained
by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold
payments to the vendor for the purposes of off set until such time as the exact amount of damages due the
FSA from the vendor is determined.
1.46 TERMINATION WITHOUT CAUSE
The FSA 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 vendor 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 Contract 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.
1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO
The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The
logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version
received from the FSA. Modifications are not permitted.
Methods of use include, but are not limited to:
• Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or
• Print media such as forms, marketing campaigns, business cards, posters, banners, brochures,
flyers and postcards.
Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of
the how the vendor intends to use the logo.
The official FSA sheriff's star and wreath logo may not be used without prior written permission. The
request must include a detailed explanation for intended use of the FSA logo.
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2.0 BIDDER INSTRUCTIONS
2.01 FIRST YEAR BIDDER QUALIFICATIONS
In order for bids to be considered, first year Bidders to the Florida Sheriffs 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 5 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(s);
4. How many years of experience in government sales the company has;
5. 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(s).
2.02 LICENSING/FACILITIES
Bidders are required to possess a Florida Motor Vehicle Dealers License in order to bid on any motor vehicle.
Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for
the vehicles and equipment bid.
The 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
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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 resulting directly from the negligent acts or omissions of the Florida Sheriffs
Association and participating agencies or proximately caused by intentional wrongful acts or omissions of
the Florida Sheriffs Association and participating agencies.
Vendor’s 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 bidder’s
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 bidder’s prior written consent, which
consent shall not be unreasonably withheld, conditioned, or delayed.
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 connection 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. The vendor shall
maintain comprehensive general liability insurance and general aggregate insurance in the amount and
coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage
operations in the amount specified on the Insurance Checklist.
No change or cancellation in insurance shall be made without 30 days written notice to the FSA Cooperative
Purchasing 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
shall be filed within five days of bid award. The certificate must state Bid Number and Title. Vendor may
not begin performance under the contract until such Certificates have been approved by the Administrator.
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.
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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 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 501(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 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 under 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 Agreement to 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 of this
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 and 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 and of persons employed by them as he is for acts and omissions of persons directly employed by
him.
Insurance coverage required in this contract shall be in force throughout the contract term. The required
Insurance Checklist summarizes the vendor’s insurance obligations, if awarded.
The Administrator can request and the vendor shall furnish proof of insurance within seven days of receipt
of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance
during 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; the Administrator may consider
alternate insurance coverage.
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2.04 SPECIFICATIONS
All units covered by this Contract and the detailed 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. If awarded, bidders
must supply a unit that either meets or exceeds all the requirements included in the applicable detailed
specifications.
The bid specifications are contained at https://VeBA.flsheriffs.org. The FSA base specifications are
incorporated in this document by reference.
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 must be designed, constructed, and installed to be fully
suitable for their intended use and service.
2.05 FIXED PRICES
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
A sealed bid is a completed bid that is submitted in a sealed and unopened container clearly marked with
the Bid Title and Number. One electronic copy of the bid submission as well as any other required
documentation must be turned in for the bid to be considered for award. Electronic copies shall be
submitted on a labeled USB flash drive.
Sealed bids should be sent to the attention of FSA Cooperative Purchasing Program Coordinator, Florida
Sheriffs Association, 2617 Mahan Drive, Tallahassee, FL 32308. Faxed or e-mailed bids will not be accepted.
2.07 EXCEPTIONS, OMISSION AND ERRORS
Any exceptions, deviations, or contingencies a bidder may have to specifications or Contract Conditions,
Section 3.0 of this document, must be documented in bidder’s submission. Exceptions to the
specifications at the time of the bid submission shall reference the section and with a written explanation
for the request for exception. At FSA’s discretion, exceptions, deviations, or contingencies to the
specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder’s
submission.
Specifications are based on the most current manufacturer literature available. Bidders should immediately
notify the Administrator of any inaccuracies in the specifications or required submittal documents. All
notifications of inaccuracies must be in writing and timely submitted.
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.
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Exceptions, deviations or contingencies to the General Conditions or Bidder Instructions, other than those
determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26, may be cause
for the rejection of a bidder’s submission.
2.08 MISTAKES
Bidders are expected to examine the specifications, delivery schedules, bid prices and all information
pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk.
2.09 EQUIVALENTS
Bidders must first request approval from the Administrator before submitting a bid that includes an
equivalent that will supplement an item on the base specification. The Administrator will determine
whether the proposed equivalent is equal to or exceeds the quality, design and construction than the
intended replacement item in the base specification.
Bidders must provide the manufacturer name and model number (or product identifier) of each equivalent
when seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent
conforms with specific replacement item.
If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids
will not be considered without this information. If a bid uses equivalents without prior approval, the bid
will be deemed nonresponsive.
Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically
identified in the bid, cannot publish or offer the unapproved equivalents. Offerings of this nature will cause
the bid to be rejected. If such offerings are identified after the award has been granted, the offerings,
specification or entire award can be removed by the Administrator.
When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being
offered.
2.10 MANDATORY PRE-BID MEETING
Prospective bidders are required to attend the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is
designed for vendors, the Fleet Advisory Committee and the FSA Cooperative Purchasing Team to meet in
person to clarify questions on the terms and conditions and to confirm all base specifications are correct.
Bidders have the opportunity to suggest technical modifications or corrections before the specifications are
finalized. Questions relating to the specifications, the bid process, or award can be asked at the Pre-Bid
Meeting.
FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has
requested prior authorization, signs a memo of understanding to agree to meet all the terms and
conditions without exception and further waives their right to protest the bid process in its entirety or any
portion thereof.
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2.11 QUALIFICATION
Prospective bidders are required to complete the qualification forms by the date listed on the Bid Calendar.
A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid
Meeting.
Qualification forms include:
− Drug-Free Workplace Form,
− Insurance Checklist, and
− Manufacturer Certification Form for each manufacturer bid for Contract FSA18-VEH 16.0 only.
o Note: Manufacturer Certification Forms are not required for Contract FSA 18-VEL26.0.
The qualification forms are located in the appendices, and can be found online at:
https://www.flsheriffs.org/law-enforcement-programs/cooperative-purchasing-program/bid-
announcements. Qualification forms must be submitted by email to cpp@flsheriffs.org.
2.12 PRICES QUOTED
Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be
valid for a period of 60 calendar days from the date of bid opening. Each specification, make and model
must be priced and bid separately.
Prices should reflect the final cost the bidder can expect to receive for payment for the specifications bid.
These prices must be inclusive of all of the components included in the base specification.
Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as
outlined in Section 3.28.
Prices must be Free On Board (FOB) destination.
Once awarded, 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 of the bid.
2.13 OPTION PRICING
The Administrator has the discretion to disqualify bidders if the option 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 (i.e. model or engine upgrade), bidder must calculate the option price as
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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-scheduled, 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
of the 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.
Example: Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on
one specification that is offered as a separate specification 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 options are allowable under this contract. Factory package options must be included in the
add options within the bid document and detailed specifically as to what components the package includes.
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.
Option pricing will include all costs of labor associated with the option and should not be listed separately
within the bid document.
2.14 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS
Vendors that will install emergency lights and sirens are required to submit their Society of Automotive
Engineers (SAE) Certifications at the time of bid submission. SAE Certifications must include Class 1, Class 2
and Class 3 in order to be eligible for participation in the FSA Contract.
Vendors that will provide or contract to provide emergency light and siren upfitting must also submit EVT
Certifications for the vendor or the designated third party supplier at the time of bid submission.
Under Florida Statute 316.003(1), authorized emergency vehicles are defined as:
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Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency
vehicles of municipal departments, public service corporations operated by private corporations,
the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the
Department of Health, the Department of Transportation, and the Department of Corrections as
are designated or authorized by their respective department or the chief of police of an
incorporated city or any sheriff of any of the various counties.
FSA reserves the right to accept certifications up and until final award.
2.15 SUBMITTAL OF BID
Bidders are required to submit a bid in VeBA. VeBA submissions include pricing for the base specification,
option descriptions and option pricing, and any applicable light bar package pricing.
In addition to VeBA submissions, FSA requires that vendors submit a complete bid package to FSA on a USB
drive. The complete bid backage includes a .pdf copy of the VeBA submission and all other required
documentation. Electronic signatures are authorized. However, the Contract Signature document also
requires notarization. Notaries can be performed electronically if they meet the statutory requirements.
Bids submissions must be received by the date listed on the bid calendar. Late bids will not be considered
and VeBA will not accept bids after midnight on the closing date as specified in the Bid Calendar.
Vehicle Bid Award System (VeBA)
Bidders must submit their bid electronically on VeBA, which is located at https://veba.flsheriffs.org. Bids
not submitted within VeBA will be rejected.
After the pre-bid meeting, user names and passwords will be issued to qualified bidders. 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 on the VeBA
site. Questions regarding the use of VeBA should be addressed to support@liquifusion.com.
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 during the VeBA submission process.
Prices are to be rounded to the nearest whole dollar (i.e. $10, not $10.05).
Vendors will have the option to use an electronic upload for specification options to VeBA. Instructions and
deadlines for this upload will be provided to all interested bidders. Electronic upload of option descriptions
is not mandatory and is an alternative method for entering option detail for a bidder’s submission. This
option upload does not apply to base specification pricing. If the vendor seeks to utilize the option upload
during the bid submission process, the vendor acknowledges that a contractor to FSA will have access to
the vendor’s upload data. The contractor has signed a confidentiality agreement agreeing to maintain
vendors’ data as confidential and agrees that the data may only be used for the purposes of uploading the
option data to the VeBA system. The contractor has acknowledged that any misuse of the data may result
in liability to the vendor owning such data and may result in such vendor bringing legal action against the
contractor. By using this option upload, the vendor acknowledges that the vendor is solely responsible for
ensuring that the data uploaded is accurate and complete.
Bid Package Submission
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In addition to submitting the bid via the VeBA system, one electronic copy of the bid package on a labeled
USB drive must be delivered to FSA. Bid packages must be labeled with the contract title and number.
Mail sealed bid packages to the attention of:
FSA Cooperative Purchasing Program Coordinator
Contract: {Enter Contract Title and Number}
Florida Sheriffs Association
2617 Mahan Drive
Tallahassee, Florida 32308
The bid package must be received at the Florida Sheriffs Association by the date and time specified on the
Bid Calendar. Failure to meet all submission requirements by the date indicated in the Bid Calendar will
result in rejection of the bid.
The USB drive must be labeled with the vendor’s information, and shall include the following documents:
• Executed Contract Signature Page
• Cover sheet, found on VeBA;
• Applicable licenses or certifications, including but not limited to SAE or EVT certifications
• Pricing Sheet for Emergency Vehicle Lighting and Emergency Light and Siren Certifications, if
applicable
• One pdf copy of the VeBA bid submission and one build sheet for each specification bid
o Materials for each specification must be housed in a single folder labeled by specification
o A build sheet is a document from the bidder or manufacturer that confirms that the
vehicle or equipment bid matches the FSA base specification. If using the manufacturer’s
print-out, the document shall indicate the manufacturer’s base model code and display
the standard equipment required to provide the base vehicle as outlined in the FSA
specification. For example, manufacturer print-outs can include Ford – Dora, General
Motors – GM Autobook. Carbook Pro build sheets are acceptable. If vendor installed
aftermarket components are required to meet the base vehicle specification and these
components must be identified on the build sheet.
• Documentation as required in Section 2.01 for first year bidders
• Any requested equivalents or exceptions
By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all
zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the
imposition of liquidated damages of up to $1,000 per vehicle/equipment, which amount the vendor agrees
is reasonable, or probation, suspension, termination or a combination thereof from current and future bids
at the Administrator’s discretion.
2.16 ZONE BIDDING
Bidders are allowed to bid in one or more geographic zones. The zone map is Appendix 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.
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2.17 EXECUTION OF BID
By submitting a response to this Invitation to Bid, the vendor agrees to the terms and conditions of this
contract and to be bound by such terms and conditions if selected for award. The bidder must submit the
Contract Signature document with the signature of an authorized representative no later than the date of
the final award.
2.18 MODIFICATION OR WITHDRAWALS OF BIDS
A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due
date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be
considered.
Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must
withdraw the bid, the bidder must contact the Administrator immediately. Bid withdrawals are handled on
a case by case basis, and can result in a limitation of participation in future bids.
2.19 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 technical problems, any
internet outages or unavailability other than instances in which the VeBa system is offline, delays incurred
by mail or courier service, including U.S. Mail, or any other occurrence. Any reference to time will be based
on Eastern Standard Time.
2.20 BID OPENING
Bids shall be opened on the date and time specified on the Bid Calendar.
2.21 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, the bid must conform in all material respects to the requirements stated in
the Contract.
2.22 RESPONSIBLE BIDDER CRITERIA
Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not
meet all requirements of this 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 the Contract may be rejected as non-
responsible. In determining a responsible bidder, the following factors may be considered:
• Adequacy of facilities, staffing, and financial resources;
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• Previous experience with FSA contract or other similar government contracts;
• Ability to provide excellent customer service, including previous FSA contracts;
• Any other information relevant to the responsibility of a vendor that FSA is aware of.
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 the Administrator determines this information
is necessary to award the bid.
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.
2.23 BASIS FOR AWARD
The 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 and the purchaser.
The Fleet Advisory Committee serves as the initial review for bid submissions. The Fleet Advisory
Committee’s review is submitted to the Administrator for final evaluation and determination of award.
The add options in the bid shall be for informational purposes only and will not serve as a basis for bid
protest. However, the Administrator has the discretion to consider option pricing in making the award if
doing so would be in the best interests of the FSA or the purchaser.
The 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.
2.24 BID WITHDRAWAL
Bidder warrants by virtue of bidding it is submitting a firm bid and 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 agreed to by the FSA.
If a bidders believes that the bidder must withdraw the bid, the bidder must contact the Administrator
immediately. Bid withdraws are handled on a case by case basis, and can result in a limitation of
participation in future bids.
2.25 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://www.flsheriffs.org/law-enforcement-
programs/cooperative-purchasing-program/dealers-only
If there is a delay in posting the bid tabulation results, the Administrator will post a notice of the delay and
a revised date for posting of results.
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2.26 MINOR IRREGULARITIES/RIGHT TO REJECT
The FSA has the 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. A minor irregularity is a variation from the terms and conditions of this
procurement that does not affect the price of the bid or give the bidder a substantial advantage over other
bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or
the purchasers. At its option, the FSA may allow a vendor to correct minor irregularities but is under no
obligation to do so. In doing so, the FSA may request a vendor to provide clarifying information or additional
materials to correct the irregularity. However, the FSA will not request and a vendor may not provide the
FSA with additional materials that affect the price of the bid, or give the vendor an advantage or benefit
not enjoyed by other vendors.
The FSA may also reject any bids not submitted in the manner specified in this document.
2.27 CONE OF SILENCE
This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens as
indicated in the Bid Calendar. During this period all communications regarding this solicitation between
FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the
use of the FSA Cooperative Purchasing Program website or VeBA, or communications initiated by the FSA.
All permitted communications during this period shall be made in writing to the procurement contacts
identified in Section 1.01 of this Invitation to Bid. Bidders are encouraged to read the instructions and view
the tutorial video regarding operation of VeBA. FSA is not responsible for bidder’s improper use of the VeBA
system or website. Exceptions will be granted to this section should any website malfunctions occur.
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3.0 CONTRACT CONDITIONS
3.01 GENERAL REQUIREMENTS
Once the bid has been awarded, the terms and conditions of this document become the Contract between
the FSA and the awarded vendor.
The terms and conditions apply to all vehicles and equipment purchased from this contract.
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 all times.
If a change occurs during the contract, the vendor must notify the Administrator immediately. 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 Appendix A and online at:
https://www.flsheriffs.org/uploads/FSA%20Bid%20Award%20Vendor%20Info%20Change%20Document%
20REv%205-16A%281%29.pdf.
3.04 OPTION TO RENEW WITH PRICE ADJUSTMENT
The contract may be renewed by mutual agreement, initiated at the discretion of the FSA, for up to two (2)
additional years, on a year to year basis. The FSA reserves the right to in its sole discretion elect to renew
the contract in whole or in part
Prior to completion of each exercised contract term, the FSA may consider an adjustment to price due to
changes to the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor
Statistics, or as a result of any changes to national or state standards that require substantial cost
adjustments.
Prices may be increased or decreased by the percentage change reflected in the nationally published PPI.
The Administrator shall determine the PPI based on the initiated timing of the renewal that best reflects
adjustments to the economy over the previous 12 months.
In the event of changes to national or state standards, the vendor must present verifiable changes in cost
to the Administrator. The Administrator will consider the cost changes and will make a final determination
on the change in price.
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For any vendor-initiated adjustment to commence on the first day of the renewed contract term, the
vendor's request or adjustment should be submitted one hundred and twenty (120) days prior to expiration
of the then current contract. The vendor adjustment request must clearly substantiate the requested
increase. If no 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.
The FSA reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-
advertise for bids, whichever is in the best interest of the FSA.
3.05 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 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; or
• Lack of relevance of products/commodities.
3.06 EQUITABLE ADJUSTMENT
The Administrator may make an equitable adjustment to the contract terms or pricing at its discretion.
3.07 DISCOUNTS
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 or vendor discounts.
Discount ranges are not permissible. Discounts must be a whole, positive percentage with no decimal place
(e.g. 10%).
3.08 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.
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3.09 PRODUCTION CUTOFF
Vendor shall notify the Administrator in writing no less than sixty (60) calendar days prior to the close of
final order date by the manufacturer when the final order date is during the term of the contract.
Notification shall be provided in writing.
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.
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 have the discretion whether to choose to provide next year’s model at current
year’s prices until the end of the contract term.
If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to
obtain the specificaitons, FSA may consider substitutions from the same manufacturer.
3.10 FACILITIES
The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice.
3.11 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 substitutes will be returned at the vendor’s expense.
Delivery of substitutes and the delay in supplying the correct specification can be deemed grounds for
termination for default.
3.12 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 law 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, the following are recognized authorities:
STATE OF MICHIGAN Department of State Police and Department of Technology, Management
and Budget
Police Vehicle Evaluation Program
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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/documents/2017_Motorcycle_Test_Booklet.pdf
3.13 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. 3.14 CAB AND CHASSIS PURCHASES
Cab and Chassis can be purchased from the vendor without any required additional fitting by the vendor.
If an incomplete chassis is sold to an agency, then the vendor is not responsible for the tag and title. Vendors
are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted
third party supplier.
FSA highly recommends that all upfitting of cab and chassis be performed by vendors who are licensed and
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.
3.15 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
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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.
3.16 VENDOR INSTALLED
All vendor-installed accessories shall be installed according to the manufacturer’s specifications. Examples
include roll bar, trailer hitch, 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.
A 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 Certification Commission, Inc. or an approved equivalent.
The Administrator may at any time during the contract period request proof of the required certification.
Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the
contract in accordance with Section 1.45 of this Invitation to Bid.
3.17 NON-SCHEDULED OPTIONS
FSA attempts to include scheduled, factory and aftermarket options in the bid document. If a purchaser
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. 3.18 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.
3.19 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.
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3.20 ORDER
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.
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. If the purchaser determines that a Vendor in another zone can better serve the
purchaser’s needs, the 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.
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 or hard copies are acceptable. Emails can be sent to coop@flsheriffs.org.
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.
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.
Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase
order. The vendor shall assure that all orders are placed in full compliance with the specifications of the
Contract and the purchase order.
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.
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.
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 Appendix 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.
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3.21 VEHICLE DELIVERY
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 (window
price sticker or supplied line sheet shall remain);
• 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 vendor 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. This deadline shall not apply to vehicles
originating as an incomplete chassis.
Receipt of a vehicle by the vendor is defined as acceptance of the vehicle from a common carrier at the
vendor’s 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. However, this requirement shall not apply to incomplete chassis. 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.
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3.22 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 of the 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 Customer’s 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 Pre-Delivery Service Report
5. Warranty Certification
6. Owner’s manual
7. If the vendor does not provide the tag and title, then the DHSMV 82040 (Application for Certificate
of 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.
3.23 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.
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Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser
has the right to choose to register and title the vehicle.
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 tags shall be disclosed clearly in the comments section below the applicable
option. Administrative costs can include convenience fees, cost reimbursements for filing, obtaining or
delivery of tags, or any costs over the original purchase price.
3.24 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 218.70–218.79 of Florida Statutes.
3.25 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 Administrator.
3.26 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 notification 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.
3.27 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.
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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 BCC PO 12345.pdf
City = Florida City, City of PO 12345 ABC City PO 12345.pdf
Sheriff = Sheriff Office of PO 12345 ABC Sheriff PO 12345.pdf
Education = Institution Name PO12345 ABC County College PO 12345.pdf
Quarterly Reports
Quarterly reports are the contractual responsibility of each 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 REPORTS@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 in the document header. Do not indicate the quarter on the top of
the report. Purchase orders are not necessary for the quarterly report. An example of a Quarterly Report
is in Appendix 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 Q1 Report Due: January 15
Quarter 2: January 1 – March 31 Q2 Report Due: April 15
Quarter 3: April 1 – June 30 Q3 Report Due: July 15
Quarter 4: July 1 – September 30 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.
FSA reserves the right to modify the procedure for submitting Quarterly Reports during the term of the
contract (including, by way of example, requiring electronic reporting). Such a change shall not materially
modify the substance of the information to be reported, but may change the method by which future
Quarterly Reports are to be submitted. In the event of such a change, FSA will provide written notice to all
vendors of the method by which future Quarterly Reports are to be submitted.
3.28 ADMINISTRATIVE FEE
The Florida Sheriffs Association charges three quarters of one percent (.0075) to procure, process and
administer the Contract.
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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 the administrative fee of three quarters of one percent (.0075) in all 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. The administrative fee will remain payable to FSA and no relief from payment of the
administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a dealer
fails to incorporate the administrative fee in its bid pricing.
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 or their designee.
All participating vendors will be responsible for making sure that the 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:
Florida Sheriffs Association
Cooperative Purchasing Program
2617 Mahan Drive
Tallahassee, FL 32308
3.29 LIQUIDATED DAMAGES
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 liquidated damages levied because of inadequacies or failures to comply with these requirements shall
be borne solely by the bidder responsible for same.
Failure to submit the administrative fee with accompanying quarterly reports within 15 calendar days
following the end of each quarter will result in the imposition of liquidated damages. Vendors failing to
submit administrative fees and Quarterly Reports will incur liquidated damages in the amount of $25 for
each 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 liquidated damages as set forth in
this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys’ fees and
costs incurred in the litigation. Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for
Leon County, Florida.
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When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and
administrative fee submission. Liquidated damages that remain unpaid beyond 45 days can result in
disqualification for future solicitations.
Schedule of Liquidated Damages
Failure to submit quarterly report on time $25.00 per day
Failure to report a Purchase Order to FSA within the
15 calendar days of the purchase order date
$100.00 per Purchase Order
Failure to Report Sales .0075 of the sales price plus 1.5% each month
following the delivery date.
Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule
will damage the FSA, but by their nature such damaes are difficult to ascertain. Accordingly, the above
specified schedule of liquidated damages shall apply to this contract. Vendor agrees and acknowledges
that these liquidated damages are not intended to be and do not constitute a penalty, but are instead
intended solely to compensate the FSA for damages, and that these amounts are reasonably calculated to
compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified
actions.
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Appendix A
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Appendix B
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Appendix C
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Appendix D
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Appendix E
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ATTACHMENT B
CONTRACT FOR CAB & CHASSIS TRUCKS & HEAVY-DUTY EQUIPMENT
• VEHICLE SPECIFICATIONS
• CONTRACT PRICE & CITY OF SOUTH MIAMI QUOTE
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Palmetto Ford Truck Sales, Inc
Florida Sheriff's FSA18-VEH16.0 Cab Chassis Trucks and Heavy
Equipment
Effective October 1, 2018 – September 30, 2019
City of South Miami
Automated Side Loader - Labrie 33 Cubic Yard
Autocar base spec - Southern Districts 139,850.00$
(5,170.00)$
588.00$
69.00$
11,624.00$
570.00$
196.00$
500.00$
156.00$
$3,995
155,495.00$
3,442.00$
869.00$
312,184.00$
12,799.54$
Total Price Before Competitive Price Assistance 324,983.54$
Competitive Price Assistance (Autocar & New Way)-15000
309,983.54$
Approval: _____________________________________
Print Name: ___________________________________
Purchase Order Number: ________________________
ISL Cummins 350HP
Automated Side Loader Base
Refuse Heavy Hauler Package
Air Assist for Cab Tilt
Air Drain w/ Central Manifold & Petcocks
New Tag
Oil Pan Guard
Advanced Diagnostic Display (Must be ordered on all units
ordered after Nov 1, 2019 - Per Autocar)
NET PRICE
Aftertreat Ext War 5 Years
Front Engine PTO Provision
Single Right Hand Drive
Diamond Plate Driver Floor
Cummins Ext Warranty PP1 5 year
2019 Roll Over based on Consumer Price Index 4.1%
Sub Total
Please Contact: David Yglesias (305) 470-1331 / david@palmettotruck.com with any questions63 of 63
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