R24-134 RESOLUTION NO. R24-134
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN THE
5 CITY AND BENNETT FIRE PRODUCTS COMPANY INC., FOR FIRE
EQUIPMENT, SUPPLIES, AND SERVICES; PROVIDING AN EFFECTIVE DATE;
7 AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, in April 2022, Lake County, Florida, issued an "Invitation to Bid" (ITB) to
10 establish contracts for Fire Equipment, Supplies, and Services; and
11 WHEREAS, Lake County, Florida, found Bennett Fire Products Co., Inc., to be one of the
12 lowest responsive, responsible bidders, and awarded them a one-year (1) contract, Contract No.
13 22-730B, commencing August 1, 2022, through July 31, 2023, with two (2) two (2) year optional
14 renewals, with a current expiration date of July 31, 2025; and
15 WHEREAS, the City desires to obtain Fire Equipment, Supplies, and Services ("Services")
16 on an as-needed basis; and
17 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids,
18 provides authority for the City to acquire or contract for services without utilizing a sealed
19 competitive method or the written quotations methods where the desired services are the subject
20 of an agreement that utilizes another government entity's contract, provided that the contract
21 was awarded based strictly on competitive bidding; and
22 WHEREAS, in order to purchase the City's Fire Rescue Bunker Gear, the City's Fire
23 Department is requesting the City enter into a Piggyback Agreement with the Vendor to provide
24 the Services; and
25 WHEREAS, the Vendor has provided the City with an initial proposal for Services and other
26 equipment, supplies, and services on an as-needed basis at the rates outlined in the Lake County,
27 Florida Agreement; and
28 WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor
29 for Services under the terms and conditions of the Lake County, Florida Agreement; and
30 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Lake
31 County, Florida Agreement; and
32
33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it to be
34 in the best interests of the citizens and residents of the City to approve a Piggyback Agreement
35 between the City and Bennett Fire Products Company Inc., for Fire Equipment, Supplies, and
36 Services.
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
39 BEACH, FLORIDA, THAT:
40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
41 being true and correct and are hereby made a specific part of this Resolution upon adoption.
42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
43 approve a Piggyback Agreement, between Bennett Fire Products Company Inc., and the City for
44 Fire Equipment, Supplies, and Services(the "Piggyback Agreement"), in form and substance similar
45 to that attached as "Exhibit A."
46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
47 authorizes the City Manager to execute a Piggyback Agreement and such other related
48 documents as may be necessary to accomplish the purpose of this Resolution.
49 SECTION 4. One fully executed original of the Piggyback Agreement shall be retained
50 by the City Clerk as a public record of the City. A copy of the fully executed Piggyback Agreement
51 shall be provided to Kristeena Pinto and Kori Grant to forward to the Vendor.
52 SECTION 5. This Resolution shall take effect in accordance with law.
53
54
55
56
57 [signatures on following page]
58
59
60 PASSED AND ADOPTED this 18th day of June 2024.
61 CITY OF BOYNTON BEACH, FLORIDA
62 YES NO
63 Mayor-Ty Penserga 4-
64 /
65 Vice Mayor-Aimee Kelley
66
67 Commissioner-Angela Cruz
68
69 Commissioner-Woodrow L. Hay ✓
701. /
71 Commissioner-Thomas Turkin
72
73 VOTE 1--k-CD
74 AT EST:
75 s / /
76 �� �i� n — f __APP.
77 Maylee p=
C - Ty '79 City Cle -_`""```` Mayor /
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80 76;...)•QO...... F9 1'� APPROVED AS TO FORM:
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81 (Corporate Seal) ;o``;�o� �':.ti�+�
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82 ~"i RPSEC: i ��/ /
83 #I v;•,NCCRg2(3 . J
84 '�� , '••.• 1 .•�P 1 Shawna G. Lamb j
85 `�� FLORA City Attorney
PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND BENNETT FIRE PRODUCTS COMPANY, INC.
This Piggyback Agreement is made as of this raay ofjL,to,2024 by and between Bennett
Fire Products Company, Inc., with a principal address of 195 Stockwood Drive, Ste. 170,
Woodstock, GA 30188, hereinafter referred to as "Vendor," and the City of Boynton Beach, a
municipal corporation organized and existing under the laws of Florida,with a business address of
100 East Ocean Avenue,Boynton Beach, Florida 33435,hereinafter referred to as"City."
RECITALS
WHEREAS, in April, 2022, Lake County, FL issued an "Invitation to Bid" (BID), to
establish contracts for Fire Equipment, Supplies, and Services; and
WHEREAS, Lake County, FL found Bennett Fire Products Company, Inc., to be one of
the lowest responsive, responsible bidders, and awarded them a one-year (1) contract, Contract
No.22-730B(the"Master Agreement"),commencing August 1,2022,through July 31,2023,with
two(2)two(2)year optional renewals,with a current expiration date of July 31,2025; and
WHEREAS, the City desires to obtain Fire Equipment, Supplies, and Services
("Services") on an as-needed basis; and
WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids,
provides authority for the City to acquire or contract for services without utilizing a sealed
competitive method or the written quotations methods where the desired services are the subject
of an agreement that utilizes another government entity's contract, provided that the contract was
awarded based strictly on competitive bidding; and
WHEREAS, in order to purchase the City's Fire Rescue Bunker Gear, the City's Fire
Department is requesting the City enter into a Piggyback Agreement with Vendor to provide the
Services; and
WHEREAS, the Vendor has provided the City with an initial proposal for Services,
attached as Exhibit"A,"the City desires to purchase the Services described in Exhibit A,and other
equipment, supplies, and services on an as-needed basis at the rates set forth in the Master
Agreement; and
WHEREAS,the City desires to issue a purchase order and payment directly to the Vendor
for Services under the terms and conditions of the Master Agreement; and
WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master
Agreement, a copy of which is attached as Exhibit"B."
Piggyback Contract—Bennett Fire Products Company,Inc. i
NOW,THEREFORE,in consideration of the mutual covenants contained herein,and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
AGREEMENT
1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement.
2. TERM: The term of this Agreement commences on full execution by the parties, and will
remain in effect until July 31,2025.If the Master Agreement is extended,the City Manager
is authorized to execute an amendment to renew the Agreement on behalf of the City. The
initial term and any subsequent renewals of this Agreement are subject to the renewal or
extension of the Master Agreement. If the Master Agreement expires or is terminated
during the Term, this Agreement shall terminate no later than six months after such
expiration or termination of the Master Agreement.
3. CONTRACT TERMS:The Vendor shall complete the Services, as provided in Vendor's
Proposal attached as Exhibit"A"on the same terms and in the same manner as set forth in
the Master Agreement. except as otherwise provided herein. City may order additional
Services pursuant to this Agreement on an as-needed basis, provided that City does not
exceed the maximum amount set forth below. All recitals,representations, and warranties
of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein,
made for the benefit of the City, and incorporated herein, except that all references to the
"Lake County, FL"are hereby replaced with the"City of Boynton Beach."The City shall
compensate the Vendor pursuant to the rates set forth in the Master Agreement for any
Services ordered during the Term in an amount not to exceed$160,000.00 per year.
4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O.Box 310
Boynton Beach,Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
Copy: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be
mailed to:
Boynton Beach Finance Department
Piggyback Contract—Bennett Fire Products Company,Inc. 2
Attn: Accounts Payable
P.O. Box 310
Boynton Beach,FL 33425.
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked, person performing services, nature of the
service,hourly rate,and dates(s)of service. Invoices may be submitted no more frequently
than monthly. However, all services rendered prior to September 30th of any given year
are required to be invoiced by September 30th of that year.Vendor shall provide W-9 with
first invoice.
The fee shall be paid based on receipt of a proper invoice in accordance with the invoice
schedule indicated above. Payment will be made within 45 days of receipt of a proper
invoice in accordance with the Local Government Prompt Payment Act, Section 218.70,
et al., Florida Statutes. No payment made under this Agreement shall be conclusive
evidence of the performance of this Agreement by Vendor,either wholly or in part,and no
payment shall be construed to be an acceptance of or to relieve Vendor of liability for the
defective, faulty or incomplete rendition of the Services.
6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales,
use,and related taxes. The City is exempt from state and local sales and use taxes and shall
not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-
exempt status.
7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein
shall be considered nor construed to waive City's rights and immunities under the common
law or section 768.28,Florida Statutes, as may be amended.
S. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the
Agreement, each Party shall bear its own attorney's fees and court costs.
9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the
Bid unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall
comply with Florida's Public Records Law. Specifically, the Vendor shall:
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records, provide the City 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 chapter 119, Fla.
Stat.or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract teen and, following completion of the contract,
Piggyback Contract—Bennett Fire Products Company,Inc. 3
Vendor shall destroy all copies of such confidential and exempt records remaining in
its possession once the Vendor transfers the records in its possession to the City; and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the
City, all public records in Vendor's possession All records stored electronically by
Vendor must be provided to the City,upon request from the City's custodian of public
records, in a format that is compatible with the information technology systems of
the City.
E. IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk(a bbfl.us
10.SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this
Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The
Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel
list, not on the Scrutinized Companies with Activities in Sudan List, and not on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
Vendor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law,the City will not contract for the provision of goods or services with
any scrutinized company referred to above.Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing, to the Vendor of
the City's determination concerning the false certification. The Vendor shall have five (5)
days from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, the Vendor shall have ninety
(90) days following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the Vendor does not demonstrate
that the City's determination of false certification was made in error, then the City shall
have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,
Florida Statutes,as amended from time to time.
11.E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., `Employment
Eligibility," including the registration and use of the E-Verify system to verify the work
authorization status of employees. Failure to comply with Section 448.095,Fla. Stat. shall
result in termination of this Agreement. Any challenge to termination under this provision
must be filed in the Circuit Court no later than 20 calendar days after the date of
termination. If this Agreement is terminated for a violation of the statute by Vendor,
Vendor may not be awarded a public contract for a period of one (1) year after the date of
termination.
Piggyback Contract—Bennett Fire Products Company,Inc. 4
12.DISPUTES: Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction exclusively in Palm Beach County, Florida. This
Agreement shall be construed under Florida Law.
13. EXECUTION OF THE AGREEMENT:This Agreement will take effect once signed by
both parties. This Agreement may be signed by the parties in counterparts,which together
shall constitute one and the same agreement among the parties. A facsimile signature shall
constitute an original signature for all purposes. Each person signing this Agreement on
behalf of either Party individually warrants that he or she has full legal power to execute
the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate
such Party with respect to all provisions contained in this Agreement
14.TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the
City for convenience upon fourteen(14)calendar days of written notice by the terminating
party to the other party for such termination in which event the Vendor shall be paid its
compensation for services performed to the termination date,including services reasonably
related to termination. In the event that the Vendor abandons the Agreement or causes it
to be terminated, the Vendor shall indemnify the City against loss pertaining to this
termination.
15.TERMINATION FOR CAUSE: In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause,should Vendor neglect or fail
to perform or observe any of the terms, provisions, conditions, or requirements herein
contained,if such neglect or failure shall continue for a period of thirty(30)calendar days'
after receipt by Vendor of written notice of such neglect or failure.
16.INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected
and appointed officers, agents, assigns and employees, consultants, separate Vendors, any
of their subcontractors,or sub-subcontractors,from and against claims,demands,or causes
of action whatsoever,and the resulting losses,damages,costs,and expenses, including but
not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders,
judgments, or decrees, sustained by the City arising out of or resulting from(A)Vendor's
performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or
intentional wrongful conduct by Vendor's, its agents, employees, subcontractors,
participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance
as required under this Agreement. Vendor's shall pay all claims and losses in connection
therewith and shall investigate and defend all claims,suits,or actions of any kind or nature
in the name of the City, where applicable, including appellate proceedings, and shall pay
all costs,judgments, and attorneys' fees which may issue thereon. The obligations of this
section shall survive indefinitely regardless of termination of the Agreement.
17.INSURANCE: At the time of execution of this Agreement,Vendor shall provide the City
with a copy of its Certificate of Insurance reflecting the insurance coverage required by the
Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach,
and its officers, employees and agents as an additional insured.
18.LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to
which it is applicable,City shall not be liable or responsible to Vendor beyond the amount
remaining due to Vendor under the Agreement,regardless of whether said liability be based
Piggyback Contract—Bennett Fire Products Company,Inc. 5
in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for
punitive or exemplary damages or for lost profits or consequential damages.
19.INDEPENDENT CONTRACTOR: The Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
Vendor is an independent contractor pursuant to the Agreement and shall not be considered
the City's employee for any purpose.
20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times
material to the Agreement, Vendor shall perform its obligations in compliance with all
applicable federal,state, and local laws, rules, and regulations, including section 501.171,
Florida Statutes.Non-compliance may constitute a material breach of the Agreement.
21.ASSIGNMENT: In the event this Agreement and any interests granted herein shall be
assigned, transferred, or otherwise encumbered, under any circumstances by Vendor,
Vendor must gain prior written consent from City thirty (30) business days before such
transfer. For purposes of this Agreement, any change of ownership of Company shall
constitute an assignment that requires City's approval. Notwithstanding the foregoing,
Vendor may,without City's consent,assign this Agreement in whole or in part as part of a
corporate reorganization, consolidation, merger, or sale of substantially all of its assets
related to this Agreement. Vendor shall provide City written notice of any such corporate
reorganization,consolidation,merger, or sale of substantially all of its assets related to this
Agreement within thirty(30)calendar days of such event.
22.AGREEMENT SUBJECT TO FUNDING:The Agreement shall remain in full force and
effect only as long as the expenditures provided for in the Agreement have been
appropriated by the City Commission of the City of Boynton Beach in the annual budget
for each fiscal year of this Agreement, and is subject to termination based on lack of
funding. Early termination by City due to loss of funding shall not obligate Vendor to
refund any prepaid fees.
23. ENTIRE AGREEMENT.The Agreement,including the Master Agreement,sets forth the
entire Agreement between the City and the Vendor with respect to the subject matter of
this Agreement. This Agreement supersedes all prior and contemporaneous negotiations,
understandings,and agreements,written or oral,between the parties.This Agreement may
not be modified except by the parties' mutual agreement set forth in writing and signed by
the parties.
24. SEVERABILITY.If any provision of this Agreement or application thereof to any person
or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable, shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted
by law.
Piggyback Contract—Bennett Fire Products Company,Inc. 6
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH,FLORIDA BENNETT FIRE PRODUCTS COMPANY. INC.
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Daniel D .' ler Ci '?F (Signature) Company
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Print Name of Authorized Official
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Title
Approved as to Form:
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Shawna G. Lamb, City Attorney (Corporate Seal)
Attest/Authenticated:
Atte es • uthenticated: AA-. oegir--1 ----
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Piggyback Contract—Bennett Fire Products Company,Inc. 7
1-1- A
E Quotation
Bennett Fire Products Co., Inc.
NM MIII
May 3, 2024 Fire Products Co,Inc.
Boynton Beach Fire Rescue
2080 High Ridge Road www.BennettFlreProducts.com
Boynton Beach, FL 3342
Prices valid until September 30`h, 2024.
Discount in reference to Lake County, FL Contract 22-730B, expires July 31st, 2025.
Contract may be viewed in its entirety at www.lakecountvfl.Mov. To find information
regarding this contract,follow the instructions below.
Globe G-Xtreme 3.0 Jacket per BBFR specifications,plus Red Line flag on
sleeve and Fire Department patch
Retail Price - $4,042.58 each
Lake County Price (44% discount) - $2,263.85 each
Boynton Beach Price- $2,183.00 each
10 jackets @$2,183.00 per jacket-$21,830.00 total
Globe GPS Internal Harness Ready Trousers per BBFR specifications,plus
emergency escape belt
Retail Price - $3,755.22 each
Lake County Price (44% discount) - $2,102.93 each
Boynton Beach Price-$2,027.82 each
10 trousers @$2,027.82 per trouser-$20,278.20 total
Total for your order-$42,108.20
FOB Boynton Beach, FL Prices include shipping charges.
Delivery: 90-120 days for Globe bunker gear, at time of quotation - after receipt of order
Terms: net 30 days
Thanks for giving us the opportunity to serve you!
Josh Vandegrift, 404-747-2868,jandegrift.bennettfire@,gmail.com
Bennett Fire Products Co., Inc.
P.O. Box 2458
Woodstock, GA 30188
www.bennettfireproducts.com
Instructions for downloading Lake County/Bennett Fire Products Company contract
information: Visit the website www.lakecountyfl.gov.
1. View the left hand column, click on "Doing Business with Lake County". 2. View
the left hand column, click on "View Term and Supplier Agreements". 3. Under
the Search for Contracts space, type Bennett Fire 4. Contract 22-730B will
appear and the full contract or parts can be downloaded.
If you have trouble finding the information you need regarding this contract, or if
you need additional information, please contact Danny Bennett at
bennettfire@att.net or 770/402-9910.
Exh; b tA, 3
..
LAKE
COUNTY, FL
REAL FLORIDA • RC I i
CONTRACT NO. 22-730B
For
Fire Equipment, Supplies, and Services
LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida, through its Board of County
Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of
Bennett Fire Products Company, Inc. (hereinafter "Contractor") to supply Fire Equipment, Supplies,
and Services to the County pursuant to County Bid number 22-730 with any included addenda
(hereinafter "Bid"), with an opening date of 4/28/2022, and Contractor's Bid response dated 4/26/2022,
thereto with all County Bid provisions governing.
A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of
this Contract except that any items not awarded have been struck through. The attachments noted below
(if any) are attached hereto and are also made a part of this Contract.
ATTACHMENTS:
Addendum 1 & 2, Exhibit A - Scope of Work, Exhibit B - Insurance Requirements, Attachment 1 -
Submittal Form with General Terms & Conditions acceptance, Attachment 2 - Pricing Sheet
No financial obligation under this Contract shall accrue against the County until a specific purchase
transaction is completed pursuant to the terms and conditions of this Contract.
Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: N/A
The County's Procurement Services Director shall be the sole judge as to the fact of the fulfillment of this
Contract, and upon any breach thereof, shall, at his option, declare this Contract terminated, and for any
loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and
their surety for any required bond shall be liable.
This Contract is effective from 8/1/2022 through 7/31/2023, except the County reserves the right to
terminate this Contract immediately for cause and/or lack of funds and with thirty(30) day written notice
for the convenience of the County. This Contract provides for two (2) two (2) year renewals at Lake
County's sole option at the terms noted in the Bid.
Any and all modifications to this Contract must be in writing signed by the County's Procurement Services
Director.
LAKE COUNTY, FLORID
r-Y1-7 /-7- ._(__e n
By: Gretchen Bechtel, yPPB
Contracting Officer II
Date: 7/26/2022
Distribution: Original-Bid File
Copy-Contractor
Copy-Department
PROCUREMENT SERVICES A DIVISION OF THE OFFICE OF MANAGEMENT AND BUDGET
P.O BOX 7500.315 W.MAIN ST.,RM 441,TAVARES.FL 32778•P 352 343 9839•F 352.343 9473
Board o/('otint, C'omtuissirnters•www.lakecouutvtl.gov
LAKE
COUNTY, FL
!iLi.L r1URiUli • i;EA! CLOSE
MODIFICATION OF CONTRACT
Modification Number:Two(2) Contract Number:22-730B
Effective Date: 8/1/2023 Title: Fire Equipment, Supplies,and Services
Effective Date: 08/01/2022
Contracting Officer:Gretchen Bechtel,CPPB Contractor Name and Address:
E-mail: Gretchen.bechtel@lakecountyfl.gov
Telephone Number:352-343-9839 Name: Bennett Fire Products Company,Inc.
Issued By: Address: 195 Stockwood Drive,STE 170
Procurement Services City: Woodstock,Georgia 30188
Lake County Administration Building
315 W.Main St.,Suite 441 ATTENTION: Richard Bennett,benettfire@att.net
Tavares,Florida 32778-7800
INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return
this form to Procurement Services within ten(10)days after receipt. Once fully executed,a copy of this modification will be
returned to the Contractor to attach to the original Contract.
DESCRIPTION OF MODIFICATION: Contract modification to extend the agreement for two annual terms to expire on
July 31,2025.
CONTRACTOR SIGNA BLOCK LAKE COUNTY SIGNATURE BLOCK
Signature: _bA-.•�.� 5a—y,,ate Signature: Gretchen Digitally signed by
Print Name: betsSennett Gretchen Bechtel,
Title: (ftBechtel, CPPB,CPPB,Contracting
Date: Pia eat 2 , L02.3 Contracting Officer ll
E-mail: benne +I I'e E L l4.net Officer II Date:2023.03.03
Secondary E-mail: benA etf.fire h o t4+.t,l.c o M 08:10:21 -05'00'
Distribution:
Original—Bid File
Copy—Contractor
Contracting Officer
PROCUREMENT SERVICES—DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES
P.O.BOX 7800.315 W.MAIN ST.,TAVARES,FL 32778•P 352.343.9839•F 352.343.9473
Boal of County Commissioner.,•www.lakecountyfl.gov
‘.
LJth
COUNTY, FL
REAL FLORIDA • REAL CLOSE •
MODIFICATION OF CONTRACT
Modification Number:One(1) Contract Number: 22-730B
Effective Date: 1/17/2023 Title: Fire Equipment,Supplies,and Services
Effective Date: 08/01/2022
Contracting Officer: Gretchen Bechtel,CPPB Contractor Name and Address:
E-mail: Gretchen.bechtel®LakeCountyFL.gov
Telephone Number: 352-343-9832 Name: Bennett Fire Products Company, Inc.
Address: 195 Stockwood Drive, Suite 170
Issued By:
Procurement Services City: Woodstock, Georgia 30188
Lake County Administration Building
315 W. Main St.,Suite 441 ATTENTION: Richard Danny Bennett
Tavares,Florida 32778-7800
INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return
this form to Procurement Services within ten(10)days after receipt. Once fully executed,a copy of this modification will be
returned to the Contractor to attach to the original Contract.
DESCRIPTION OF MODIFICATION: This Contract Modification Number One(1)adds the following Manufacturer to
agreement:
Manufacturer: Veridian Fire Protective Gear
Percentage Off List: 10%off retail price
Freight Included: yes
In Stock/Lead Time: 150 days after receipt of order
Manufacturer's Website: www.veridian.net
CONTRACTOR SIGN??ATURE BLOCK LAKE COUNTY SIGNATURE BLOCK
Signature: 1)42v Signature: GretchenDigitally signed by
' Gretchen Bechtel,
Print Name: I)Q nn gen n ett Print Name: Bechtel,CPPB, CPPB,Contracting
Title: Pre5;d it t Title: Contracting Officer Contracting D te:2023.01.27
Date: J f/7'arj 27, 7-D2 3 Date: Officer II 12:25:04-05'00'
E-mail: 2 e, a'/./let
Secondary E-mail: b er►n etfi. Fir a e one)
Distribution:
Original—Bid File
Copy—Contractor
Contracting Officer
PROCUREMENT SERVICES—DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES
P.O.BOX 7800.315 W.MAIN ST.,TAVARES,FL 32778•P 352.343.9839•F 352.343.9473
Board of County Commissioners•www.lakecountyflgov
EXHIBIT A—SCOPE OF SERVICES 22-730
FIRE EQUIPMENT,SUPPLIES,AND SERVICES
The County is establishing a vendor pool for fire equipment, supplies, and services. The County
does not guarantee a dollar amount to be expended on any resulting contract(s).
1. SCOPE OF SERVICES
All items purchased shall be in accordance with all governmental standards to include, but not be
limited to, those issued by the Occupational Safety and Health Administration (OSHA), the
National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection
Association(NFPA).MSDS sheets shall be provided with the shipment of any hazardous materials
as required by 29 CFR 1910.1200.
2. CONTRACTOR'S RESPONSIBILITIES
Contractor shall:
2.1. Provide a website address for product and price lists for viewing and downloading.
2.2. Provide(upon request) a downloadable file of current catalog and manufacturer's price lists
for the brands quoted.
2.3. Provide all labor,material, and equipment necessary for contract performance.
2.4. Provide an intensive training program to County staff regarding the use of the products or
services supplied.
2.4.1. Contractor shall bare all costs of registration fees, manuals, texts, or instructional
materials associated with the required training.
2.4.2. Training shall be at no additional cost to the County.
3. DELIVERY REQUIREMENTS AND ACCEPTANCE
3.1. Deliveries shall be FOB Destination—Inside Delivery.
3.2. Delivery will be to a county location named during order placement.
3.3. Deliveries shall be made within ten(10)calendar days and during regular business hours
3.3.1. Monday through Friday, 8:00 a.m.to 5:00 p.m.
3.3.2. Excludes County Holidays
3.4. Emergency orders shall be delivered within forty-eight(48)hours.
3.4.1. The County will advise when the order is an emergency.
3.4.2. Emergency/Disaster deliveries may be required during non-business hours.
3.5. Back orders shall be filled within ten(10)calendar days from the initial scheduled delivery.
3.5.1. Back orders may be cancelled after shipment period has lapsed.
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EXHIBIT A—SCOPE OF SERVICES 22-730
FIRE EQUIPMENT,SUPPLIES,AND SERVICES
3.6. County staff may pick-up in person if authorized in writing by supervisor.
3.6.1. Contractor shall maintain a copy of the written authorization.
3.7. County reserves the right to cancel an order after the order shipment period has lapsed.
4. REBATES AND SPECIAL PROMOTIONS
4.1. All rebates and special promotions offered by a manufacturer shall be passed on to the
County.
4.2. Contractor shall be responsible to notify the County of rebates or special promotions.
4.3. Special promotions shall be offered to the County if pricing is lower than contract pricing.
5. REPAIR SERVICES
5.1. Hourly rates shall be straight-time and be full compensation for labor,equipment use,travel
time, and any other incidentals.
5.2. Contractor shall possess all required equipment necessary to make effective repairs.
5.3. Contractor shall be factory certified to service equipment.
5.4. Contractor shall assume risk of loss or damage to County property until returned and
accepted by County.
5.5. Contractor shall submit a written estimate for each service project.
5.5.1. The estimate shall be itemized and include:
5.5.1.1. Anticipated start date and completion date.
5.5.1.2. Number of hours at contracted hourly wages for project completion
5.5.1.3. List price of materials and discount per Attachment 2—Pricing Sheet.
5.5.1.4. Lump sum estimates are not acceptable.
5.6. No work shall commence without a written Notice to Proceed.
5.7. All materials,workmanship, and equipment shall be subject to inspection and approval.
5.8. The Contractor shall correct all deficiencies/defects in work failing to conform to standard
within ten (10)calendar days of notification at Contractor's expense.
6. TRAINING
6.1. Contractor shall supply a minimum of one (1)comprehensive repair and parts manual.
6.1.1. Manuals shall be included with equipment upon delivery.
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EXHIBIT A—SCOPE OF SERVICES 22-730
FIRE EQUIPMENT, SUPPLIES,AND SERVICES
6.1.2. Manuals may be electronic.
7. WARRANTY REQUIREMENTS
7.1. The Contractor agrees that all materials shall be new, warranted for their merchantability,
and fit for a particular purpose.
7.2. The Contractor agrees that the product and/or service furnished shall be covered by the most
favorable commercial warranty.
7.3. Contractor shall assume the risk of loss of damage to the County's property during
possession and until delivery and acceptance of property to the County.
7.4. The Contractor shall correct all apparent or latent deficiencies,defects in work,or any work
that fails to conform at the Contractor's expense within ten(10) calendar days.
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Page 3 of 3
EXHIBIT B—INSURANCE REQUIREMENTS 22-730
A. CONTRACTOR will purchase and maintain at all times during the term of this
Contract,without cost or expense to the COUNTY,policies of insurance as indicated below, with
a company or companies authorized to do business in the State of Florida,and which are acceptable
to the COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of
action, for injuries received or damage to property relating to the performance of duties, services,
or obligations of the CONTRACTOR under the terms and provisions of the Contract.An original
certificate of insurance, indicating that CONTRACTOR has coverage in accordance with the
requirements of this section must be received and accepted by the COUNTY prior to contract
execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY'S
Project Manager and Procurement Services Director within five working days of such request.The
parties agree that the policies of insurance and confirming certificates of insurance will insure the
CONTRACTOR in accordance with the following minimum limits:
i. General Liability insurance on forms no more restrictive than the latest edition of the
Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services
Office or equivalent without restrictive endorsements, with the following minimum limits and
coverage:
Each Occurrence/General Aggregate $1,000,000/2,000,000
Products-Completed Operations $2,000,000
Personal &Adv. Injury $1,000,000
Fire Damage $50,000
Medical Expense $5,000
Contractual Liability Included
ii. Automobile liability insurance, including owned, non-owned, and hired autos with the
minimum Combined Single Limit of$1,000,000
iii. Workers' compensation insurance based on proper reporting of classification codes and
payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law
requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain
workers compensation insurance, the CONTRACTOR must provide a notarized statement that if
he or she is injured, he or she will not hold the COUNTY responsible for any payment or
compensation.
iv. Employers Liability with the following minimum limits and coverage:
Each Accident $1,000,000
Disease-Each Employer $1,000,000
Disease-Policy Limit $1,000,000
B. Lake County, a Political Subdivision of the State of Florida, and the Board of County
Commissioners, will be named as additional insured as their interest may appear all applicable
policies. Certificates of insurance must identify the RFP or ITB number in the Description of
Operations section on the Certificate.
C. CONTRACTOR must provide a minimum of 30 days prior written notice to the County
of any change,cancellation, or nonrenewal of the required insurance.
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EXHIBIT B—INSURANCE REQUIREMENTS 22-730
D. Certificates of insurance must evidence a waiver of subrogation in favor of the
COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy
includes a Cross Liability or Severability of Interests provision, with no requirement of premium
by the COUNTY.
E. CONTRACTOR must provide a copy of all policy endorsements,reflecting the required
coverage, with Lake County listed as an additional insured along with all required provisions to
include waiver of subrogation. Contracts cannot be completed without this required insurance
documentation. A certificate of insurance (COD will not be accepted in lieu of the policy
endorsements.
F. Certificate holder must be:
LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
AND THE BOARD OF COUNTY COMMISSIONERS.
P.O. BOX 7800
TAVARES,FL 32778-7800
G. All self-insured retentions will appear on the certificates and will be subject to approval
by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self-
insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment
of losses and related claims expenses.
H. The COUNTY will be exempt from, and in no way liable for, any sums of money,
which may represent a deductible or self-insured retention in any insurance policy. The payment
of such deductible or self-insured retention will be the sole responsibility of the CONTRACTOR
or subcontractor providing such insurance.
I. CONTRACTOR will be responsible for subcontractors and their insurance.
Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and
terms in accordance with the CONTRACTOR'S requirements.
J. Failure to obtain and maintain such insurance as set out above will be considered a
breach of contract and may result in termination of the contract for default.
K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor
a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of
liability, damages, and accidents as set forth herein.
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Page 2 of 2
TABLE OF CONTENTS
TABLE OF CONTENTS 1
DEFINITIONS 1
INSTRUCTIONS TO VENDORS 1
PREPARATION OF PROPOSALS 2
COLLUSION 2
PROHIBITION AGAINST CONTINGENT FEES 2
CONTRACTING WITH COUNTY EMPLOYEES 3
INCURRED EXPENSES 3
AWARD 3
GRANT FUNDING 3
STATE REGISTRATION REQUIREMENTS 4
PRIME CONTRACTOR 4
SUBCONTRACTING 4
DISADVANTAGED BUSINESSES 4
GENERAL CONTRACT CONDITIONS 4
GOVERNING LAW 4
COMPLIANCE OF LAWS,REGULATIONS,AND LICENSES 4
CONTRACT EXTENSION
MODIFICATION OF CONTRACT 5
ASSIGNMENT 5
NON-EXCLUSIVITY 5
OTHER AGENCIES 5
CONTINUATION OF WORK 5
WARRANTY 5
DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR 5
COUNTY IS TAX-EXEMPT 6
SHIPPING TERMS, F.O.B. DESTINATION 6
ACCEPTANCE OF GOODS OR SERVICES 6
ESTIMATED QUANTITIES 6
PURCHASE OF OTHER ITEMS 7
SAFETY 7
MATERIAL SAFETY DATA SHEET(MSDS) 7
TOBACCO PRODUCTS 7
CLEAN-UP 7
PROTECTION OF PROPERTY 8
CERTIFICATE OF COMPETENCY/LICENSURE, PERMITS,AND FEES 8
TRUTH IN NEGOTIATION CERTIFICATE 8
COMPETENCY OF VENDORS AND ASSOCIATED SUBCONTRACTORS 8
RESPONSIBILITY AS EMPLOYER 8
MINIMUM WAGES 9
PRICE REDETERMINATIONS 9
INDEMNIFICATION 9
TERMINATION FOR CONVENIENCE 9
LAKE COUNTY.FLORIDA-GENERAL TERMS AND CONDITIONS
TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING 9
TERMINATION FOR DEFAULT 9
FRAUD AND MISREPRESENTATION 10
RIGHT TO AUDIT 10
PROPRIETARY/CONFIDENTIAL INFORMATION 10
PUBLIC RECORDS LAW 10
COPYRIGHTS 12
SOVEREIGN IMMUNITY 12
COMPLIANCE WITH FEDERAL STANDARDS 12
E-VERIFY 12
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT(HIPPA) 12
FORCE MAJEURE 1
NO CLAIM FOR DAMAGES 13
CERTIFICATION REGARDING SCRUTINIZED COMPANIES 1
ANTI-TRAFFICKING RELATED ACTIVITIES 1
NOTICES 14
TOC
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LAKE COUNTY,FLORIDA—GENERAL TERMS AND CONDITIONS
DEFINITIONS
Contract: The agreement to perform the services set forth in a document signed by both parties with
any attachments specifically incorporated.
Contractor: The Vendor to whom award has been made.
County: Lake County,Florida,a political subdivision of the State of Florida.
Proposal: Any offer submitted in response to a solicitation.
Solicitation: The written document requesting bids, quotes, or proposals from the marketplace.
Vendor: Any entity responding to a solicitation or performing under any resulting contract.
INSTRUCTIONS TO VENDORS
A. Vendor Qualification: The County requires Vendors provide evidence of compliance with the
requirements below upon request:
1. Disclosure of Employment.
2. Disclosure of Ownership.
3. Drug-Free Workplace.
4. W-9 and 8109 Forms—as required by the Internal Revenue Service.
5. Americans with Disabilities Act(ADA).
6. Conflict of Interest.
7. Debarment Disclosure Affidavit.
8. Nondiscrimination.
9. Family Leave.
10.Antitrust Laws—By acceptance of any contract,the Vendor agrees to comply with all applicable
antitrust laws.
B. Public Entity Crimes: Pursuant to Section 287.133, Florida Statutes, a person or affiliate who has
been placed on the convicted vendor list following a conviction of a public entity crime may not be
awarded or perform work as a contractor,supplier,subcontractor,or contractor under a contract with
any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for Category Two for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list.
C. Contents of Solicitation and Vendors' Responsibilities: The Vendor shall be thoroughly familiar
with the requirements of this solicitation. Ignorance of these matters by the Vendor will not be
accepted as a basis for varying the requirements of the County, or the compensation to be paid.
E. Restricted Discussions: From the date of solicitation issuance until final County action,Vendors will
not discuss any part of the solicitation with any employee, agent, or other representative of the
County except as expressly authorized by the designated procurement representative. The only
communications that will be considered pertinent to a solicitation are appropriately signed written
documents from the Vendor to the designated procurement representative and any relevant written
document promulgated by the designated procurement representative.
F. Changes to Proposal: Prior to the scheduled due date, a Vendor may change its Proposal by
submitting a new one with a letter on the firm's letterhead, signed by an authorized agent stating that
the new submittal replaces the original.The new submittal must contain the letter and all information
as required in the solicitation.
G. Withdrawal of Proposal: A Proposal will be irrevocable unless it is withdrawn as provided in a
solicitation. A Proposal may be withdrawn, either physically or by written notice, at any time prior
to solicitation award. If withdrawn by written notice, that notice must be addressed to, and received
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LAKE COUNTY, FLORIDA—GENERAL TERMS AND CONDITIONS
by,the designated procurement representative. The letter must be on company letterhead and signed
by an authorized agent of the Vendor.
H. Conflicts within the Solicitation: Where there appears to be a conflict between the General Terms
and Conditions, Special Conditions, the Technical Specifications, the Pricing Section, or any
addendum issued, the order of precedence will be: the last addendum issued, the Proposal Price
Section, the Technical Specifications, the Special Conditions, and then the General Terms and
Conditions.It is incumbent upon the Vendor to identify such conflicts to the designated procurement
representative prior to the Proposal due date.
I. Prompt Payment Terms: Payment for all purchases by County agencies will be made in a timely
manner and interest payments will be made on late payments in accordance with Part VII, Chapter
218, Florida Statutes, known as the Florida Prompt Payment Act. The Vendor may offer cash
discounts for prompt payments; however, such discounts will not be considered in determining the
lowest price during Proposal evaluation.
PREPARATION OF PROPOSALS
A. The pricing section of a solicitation defines requirements of items to be purchased and must be
completed and submitted with the Proposal. Use of any other form or alteration of the form may
result in rejection of the Proposal.
B. The Proposal submitted must be legible. Vendors shall type or use an ink to complete the Proposal.
All changes must be crossed out and initialed in ink. Failure to comply with these requirements may
cause the bid to be rejected.
C. An authorized agent of the Vendor's firm must sign the Proposal.The County may reject any Proposal
not signed by an authorized agent.
D. The Vendor may submit alternate Proposals for the same solicitation provided that such offer is
allowable under the terms and conditions. The alternate Proposal must meet or exceed the minimum
requirements and be submitted as a separate Proposal marked"Alternate Proposal."
E. When there is a discrepancy between the unit prices and any extended prices, the unit prices will
prevail. The County reserves the right to allow for clarification of questionable entries and the
correction of obvious mistakes.
F. Any Proposal received after the designated receipt date will be considered late and will not be
considered for award.
COLLUSION
Where two(2)or more related parties each submit a Proposal for the same contract, such Proposals will
be presumed to be collusive. Furthermore, any prior understanding, agreement, or connection between
two (2) or more corporations, firms, or persons submitting a Proposal for the same materials, supplies,
services, or equipment will also be presumed to be collusive. Proposals found to be collusive will be
rejected. Vendors which have been found to have engaged in collusion may be considered non-
responsible and may be suspended or debarred. Any contract resulting from collusive bidding may be
terminated for default.
PROHIBITION AGAINST CONTINGENT FEES
The Vendor warrants that they have not employed or retained any company or person,other than a bona
fide employee working solely for the Vendor to solicit or secure the Contract and that they have not paid
or agreed to pay any person,company,corporation, individual,or firm,other than a bona fide employee
working solely for the Vendor,any consideration contingent upon or resulting from the award or making
of the Contract.
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LAKE COUNTY,FLORIDA—GENERAL TERMS AND CONDITIONS
CONTRACTING WITH COUNTY EMPLOYEES
Any County employee or immediate family member seeking to contract with the County shall seek a
conflict of interest opinion from the County Attorney prior to submittal of a Proposal. The affected
employee shall disclose the employee's assigned function within the County and interest or the interest
of his or her immediate family in the proposed contract and the nature of the intended contract.
INCURRED EXPENSES
A solicitation does not commit the County to make an award nor will the County be responsible for any
cost or expense which may be incurred by any Vendor in preparing and submitting a Proposal, or any
cost or expense incurred by any Vendor prior to the execution of a purchase order or contract.
AWARD
A. The Contract resulting from a solicitation may be awarded to the responsible Vendor which submits
a Proposal determined to provide the best value to the County with price, technical, and other
applicable factors considered.The County reserves the right to reject any and all Proposals,to waive
irregularities or technicalities, and to re-advertise for all or any part of this solicitation as deemed in
its best interest. The County will be the sole judge of its best interest.
B. When there are multiple line items in a solicitation, the County reserves the right to award on an
individual item basis, any combination of items, total low bid, or in whichever manner deemed in
the best interest of the County. This provision specifically supersedes any method of award criteria
stated in the solicitation when such action is necessary to protect the best interests of the County.
C. The County reserves the right to reject any and all Proposals if it is determined that prices are
excessive or determined to be unreasonable, or it is otherwise determined to be in the County's best
interest to do so.
D. The County reserves the right to reject offers containing terms or conditions contradictory to the
County's.
E. Award of a solicitation will be made to firms satisfying all necessary legal requirements to do
business with the County. The County may conduct a pre-award inspection of the Vendor's site or
hold a pre-award qualification hearing to determine if the Vendor can perform the requirements of a
solicitation.
F. The Vendor's performance as a Contractor or subcontractor on previous County contracts will be
considered in evaluating the responsibility of the Vendor.
G. Any tie situations will be resolved in consonance with current written County procedure.
H. The County has imposed a reciprocal match local vendor preference practice to ensure an equal
procurement environment for all potential vendors unless prohibited by the funding source. More
information is available on Section 2-222, Local Vendor Preference.
I. Award of the contract resulting from this solicitation may be predicated on compliance with and
submittal of all required documents as stipulated in the solicitation.
J. A Vendor wishing to protest any award decision resulting from a solicitation may do so per the
Procurement Protest Procedures site.
GRANT FUNDING
In the event any part of a Contract is to be funded by federal, state, or other local agency monies, the
Vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the
monies,including full application of requirements involving the use of minority firms,women's business
enterprises, and labor surplus area firms. Contractors are advised that payments under the Contract may
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LAKE COUNTY,FLORIDA—GENERAL TERMS AND CONDITIONS
be withheld pending completion and submission of all required forms and documents required of the
Contractor pursuant to the grant funding requirements.
STATE REGISTRATION REQUIREMENTS
Any entity conducting business in Florida shall either be registered or have applied for registration with
the Florida Department of State in accordance with Florida law,unless exempt from registration.A copy
of the registration may be required prior to award of a Contract. Additional information is available by
visiting the Florida Department of State home page.
PRIME CONTRACTOR
The Vendor awarded a Contract shall act as the Prime Contractor and will assume full responsibility for
the successful performance under the Contract. The Awarded Vendor (Contractor) will be considered
the sole point of contact regarding meeting all requirements of the Contract. All subcontractors may be
subject to advance review by the County regarding competency and security concerns. No change in
subcontractors may be made without the consent of the County after the award of the Contract.
Contractor will be responsible for all insurance, permits, licenses, and related matters for any and all
subcontractors. County may require the Contractor to provide any insurance certificates required by the
work to be performed even if the subcontractor is self-insured.
SUBCONTRACTING
Unless otherwise stipulated in a solicitation,the Contractor shall not subcontract any portion of the work
without the prior written consent of the County. Subcontracting without the prior consent of the County
may result in termination of the Contract for default.
DISADVANTAGED BUSINESSES
The County has adopted policies which assure and encourage the full participation of Disadvantaged
Business Enterprises (DBE) in the provision of goods and services. The County encourages joint
ventures between majority-owned firms and qualified disadvantaged/minority/women-owned firms.
GENERAL CONTRACT CONDITIONS
The Contract will be binding upon and will inure to the benefit of each of the parties and respective
successors and permitted assigns. The Contract may not be amended, released, discharged, rescinded or
abandoned, except by a written instrument duly executed by the parties. The failure of any party at any
time to enforce any of the provisions of the Contract will in no way constitute or be construed as a waiver
of such provision or of any other provision of the Contract, nor in any way affect the validity of, or the
right to enforce, each and every provision of the Contract. Any dispute arising during Contract
performance that is not readily rectified by coordination between the Contractor and the County user
department will be referred to Procurement Services.
GOVERNING LAW
The interpretation, effect, and validity of any contract will be governed by the laws and regulations of
the State of Florida,and Lake County, Florida.Venue of any court action will be solely in Lake County,
Florida. The Contractor hereby waives its right to a jury trial.
COMPLIANCE OF LAWS,REGULATIONS,AND LICENSES
The Contractor shall comply with all federal,state,and local laws and regulations applicable to provision
of the goods or services specified in a solicitation. During the term of a Contract,the Contractor assures
that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil
Rights Act of 1992,in that the Contractor does not on the grounds of race,color,national origin,religion,
sex, age, disability or marital status, discriminate in any form or manner against its employees or
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LAKE COUNTY,FLORIDA—GENERAL TERMS AND CONDITIONS
applicants for employment. The Contractor understands that any Contract is conditioned upon the
veracity of this statement.
CONTRACT EXTENSION
The County has the unilateral option to extend a Contract for up to ninety(90)calendar days beyond the
current Contract period. In such event, the County will notify the Contractor in writing of such
extensions. The Contract may be extended beyond the initial ninety (90) day extension upon mutual
agreement between the County and the Contractor. Exercise of the above options requires the prior
approval of the Procurement Services Director.
MODIFICATION OF CONTRACT
Any Contract resulting from a solicitation may be modified by mutual consent of duly authorized parties,
in writing through the issuance of a modification to the Contract or purchase order as appropriate. This
presumes the modification itself complies with all applicable County procedures.
ASSIGNMENT
The Contractor shall not assign or transfer any Contract resulting from a solicitation, including any
rights, title or interest in the Contract, or its power to execute such Contract to any entity without the
prior written consent of the County. This provision includes any acquisition or hostile takeover of the
Contractor. Failure to comply may result in termination of the Contract for default.
NON-EXCLUSIVITY
It is the intent of the County to enter into an agreement that will satisfy its needs as described within a
solicitation. However, the County reserves the right to perform, or cause to be performed, all or any of
the work and services described in a solicitation in the manner deemed to represent its best interests. In
no case will the County be liable for billings in excess of the quantity of goods or services provided
under the Contract.
OTHER AGENCIES
Other governmental agencies may make purchases in accordance with the Contract with Contractor
consent.Purchases are governed by the Contract's terms and conditions except for the change in agency
name.Each agency will be responsible and liable for its own purchases for materials or services received.
CONTINUATION OF WORK
Any work that commences prior to, and will extend, beyond the expiration date of any Contract period
must, unless terminated by mutual written agreement between the County and the Contractor, continue
until completion without change to the then current prices,terms and conditions.
WARRANTY
All warranties express and implied,must be made available to the County for goods and services covered
by a solicitation.All goods furnished must be fully guaranteed by the Contractor against factory defects
and workmanship. They will be covered by the most favorable commercial warranty given for
comparable quantities of products or services and the rights and remedies provided in the Contract will
be in addition to the warranty and do not limit any right afforded to the County by any other provision
of a solicitation. Contractor shall correct any and all apparent and latent defects that may occur within
the manufacturer's standard warranty period at no expense to the County. The special conditions of a
solicitation may supersede the manufacturer's standard warranty.
DEFICIENCIES IN WORK TO BE CORRECTED BY THE CONTRACTOR
Contractor shall promptly correct all apparent and latent deficiencies or defects in work, or any work
that fails to conform to the Contract documents regardless of project completion status. All corrections
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LAKE COUNTY,FLORIDA—GENERAL TERMS AND CONDITIONS
must be made within seven (7) calendar days after such rejected defects, deficiencies, or non-
conformances are verbally reported to the Contractor by the County's project administrator. Contractor
must bear all costs of correcting such rejected work.If the Contractor fails to correct the work within the
period specified,the County may, at its discretion, notify the Contractor, in writing,that the Contractor
is subject to contractual default provisions if the corrections are not completed to the satisfaction of the
County within seven(7)calendar days of receipt of the notice. If the Contractor fails to correct the work
within the period specified in the notice, the County may place the Contractor in default, obtain the
services of another Contractor to correct the deficiencies,and charge the incumbent Contractor for these
costs,either through a deduction from the final payment owed to the Contractor or through invoicing. If
the Contractor fails to honor this invoice or credit memo, the County may terminate the contract for
default.
COUNTY IS TAX-EXEMPT
When purchasing on a direct basis, the County is generally exempt from Federal Excise Taxes and all
State of Florida sales and use taxes(85-8013874700C-1).Visit Lake County Tax Exemption Certificate
page to print a copy of the certificate. Except for items specifically identified by the Contractor and
accepted by the County for direct County purchase under the Sales Tax Recovery Program, Contractors
doing business with the County are not exempt from paying sales tax to their suppliers for materials to
fulfill contractual obligations with the County, nor will any Contractor be authorized to use any of the
County's Tax Exemptions in securing such materials.
SHIPPING TERMS,F.O.B.DESTINATION
The F.O.B.point for any product ordered will be F.O.B.: DESTINATION—Inside Delivery,FREIGHT
ALLOWED. The County will not consider any Proposal showing a F.O.B. point other than F.O.B.:
Destination—Inside Delivery.
ACCEPTANCE OF GOODS OR SERVICES
The products delivered as a result of a solicitation will remain the property of the Contractor,and services
rendered under the Contract will not be deemed complete, until a physical inspection and actual usage
of the products or services is accepted by the County and is in compliance with the terms in the contract.
Any goods or services purchased as a result of a solicitation or Contract may be tested/inspected for
compliance with specifications. In the event that any aspect of the goods or services provided is found
to be defective or does not conform to the specifications, the County reserves the right to terminate the
Contract or initiate corrective action on the part of the Contractor,to include return of any non-compliant
goods to the Contractor at the Contractor's expense, requiring the Contractor to either provide a direct
replacement for the item, or a full credit for the returned item. The Contractor shall not assess any
additional charges for any conforming action taken by the County under this clause.The County will not
be responsible to pay for any product or service that does not conform to the Contract specifications.
In addition,any defective product or service or any product or service not delivered or performed by the
date specified in a purchase order or Contract, may be procured by the County on the open market,and
any increase in cost may be charged against the Contractor. Any cost incurred by the County in any re-
procurement plus any increased product or service cost will be withheld from any monies owed to the
Contractor by the County for any Contract or financial obligation.
ESTIMATED QUANTITIES
Estimated quantities or dollars are for the Vendor's guidance only and may be used in the award
evaluation process.No guarantee is expressed or implied as to quantities or dollar value that will be used
during the Contract period.The County is not obligated to place any order for a given amount subsequent
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to the award of a solicitation. In no event will the County be liable for payments in excess of the amount
due for quantities of goods or services actually ordered.
PURCHASE OF OTHER ITEMS
While the County has listed all major items within a solicitation,there may be ancillary or similar items
purchased by the County during the term of a Contract. The Contractor will provide a price quote for the
ancillary items. The County may request price quotes from all Contractors under Contract if there are
multiple Contracts. The County reserves the right to award these ancillary items to the primary
Contractor,another Contract Contractor based on the lowest price quoted,or to acquire the items through
a separate solicitation.
Although a Contract may identify specific locations to be serviced, it is hereby agreed and understood
that any County department or facility may be added or deleted to the Contract at the option of the
County.The location change will be addressed by formal Contract modification.The County may obtain
price quotes for the additional facilities from other Vendors if fair and reasonable pricing is not obtained
from the Contractor, or for other reasons at the County's discretion. It is hereby agreed and understood
that the County may delete service locations when such service is no longer required,upon fourteen(14)
calendar days' written notice to the Contractor.
SAFETY
The Contractor will be responsible for initiating,maintaining,and supervising all safety precautions and
programs in connection with the work and for complying with all requirements of the Occupational
Safety and Health Administration Act(OSHA). The Contractor shall take all necessary precautions for
the safety of and shall provide the necessary protection to prevent damage, injury, or loss to persons or
property.
The Contractor shall provide all standard equipment, work operations, safety equipment, personal
protective equipment, and lighting required or mandated by State, Federal, OSHA, or Americans with
Disabilities Act of 1990(ADA)regulations.
The Contractor shall designate a competent person of its organization whose duty will be the prevention
of accidents at the site. This person must be literate and able to communicate fully in the English
language because of the necessity to read job instructions and signs, as well as the need for conversing
with County personnel.This person must be the Contractor's superintendent unless otherwise designated
in writing by the Contractor to the Contract Manager.
MATERIAL SAFETY DATA SHEET(MSDS)
The Contractor is responsible to ensure the County has received the latest version of any MSDS required
by 29 C.F.R. Section 1910.1200 with the first shipment of any hazardous material. The Contractor shall
promptly provide a new MSDS to the County with the new information relevant to the specific material
at any time the content of an MSDS is revised.
TOBACCO PRODUCTS
Tobacco use, including both smoke and smokeless tobacco, is prohibited on County owned property.
CLEAN-UP
If applicable, all unusable materials and debris must be removed from the premises at the end of each
workday and disposed of in an appropriate manner. The Contractor shall thoroughly clean up all areas
where work has been involved as mutually agreed with the associated user department's project manager
upon final completion.
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PROTECTION OF PROPERTY
All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has
an interest must always be protected against damage or interrupted services by the Contractor during the
term of a Contract. The Contractor will be held responsible for repairing or replacing property to the
satisfaction of the County which is damaged by reason of the Contractor's operation on the property. In
the event the Contractor fails to comply with these requirements,the County reserves the right to secure
the required services and charge the costs of such services back to the Contractor.
CERTIFICATE OF COMPETENCY/LICENSURE,PERMITS,AND FEES
Any Vendor that submits an offer in response to a County solicitation shall, at the time of such offer if
required, hold a valid Certificate of Competency or appropriate current license issued by the State or
County Examining Board qualifying the Vendor to perform the work proposed. If work for other trades
is required in conjunction with a solicitation, and such work will be performed by subcontractors hired
by the Vendor, an applicable Certificate of Competency/license issued to the subcontractors must be
submitted with the Vendor's offer.The County may at its option and in its best interest,allow the Vendor
to supply the subcontractors certificate/license to the County during the offer evaluation period. The
Contractor is responsible to ensure that all required licenses,permits,and fees(to include any inspection
fees) required for a project are obtained and paid for, and shall comply with all laws, ordinances,
regulations, and building or other code requirements applicable to the work contemplated in a
solicitation. Damages, penalties, or fines imposed on the County or the Contractor for failure to obtain
required licenses,permits, inspection or other fees, or inspections will be borne by the Contractor.
TRUTH IN NEGOTIATION CERTIFICATE
Any organization awarded a Contract must execute a truth-in-negotiation certificate stating that the wage
rates and other factual unit costs are accurate, complete, and current, at the time of contracting for each
Contract that exceeds $195,000.00. Any Contract requiring this certificate will contain a provision that
the original Contract price and any additions will be adjusted to exclude any significant sums by which
the County determines the Contract price was increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. All such Contract adjustments will be made within one (1)year
following the end of the Contract.
COMPETENCY OF VENDORS AND ASSOCIATED SUBCONTRACTORS
Proposals will be considered from firms which are regularly engaged in the business of providing or
distributing the goods or services described in the solicitation, and who can produce evidence of a
consistent satisfactory record of performance. The County may consider any evidence available to it of
the financial, technical, and other qualifications and abilities of any Vendor responding under a
solicitation,including past performance with the County.Vendors must have sufficient financial support
and organization to ensure satisfactory delivery under the stated solicitation terms and conditions of any
Contract awarded. In the event the Vendor intends to subcontract any part of its work or will obtain the
goods specifically offered under the Contract from another source of supply,the Vendor may be required
to verify the competency of its subcontractor or supplier.The County reserves the right,before awarding
the Contract,to require a Vendor to submit such evidence of its or its subcontractor's qualifications.
RESPONSIBILITY AS EMPLOYER
The employees of the Contractor will always be considered its employees, and not an employees or
agents of the County. The Contractor shall provide employees capable of performing the work as
required. The County may require the Contractor to remove any employee it deems unacceptable. All
employees of the Contractor may be required to wear appropriate identification.
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LAKE COUNTY,FLORIDA—GENERAL TERMS AND CONDITIONS
MINIMUM WAGES
Under the Contract, the wage rate paid to all laborers, mechanics and apprentices employed by the
Contractor for the work under the Contract, must not be less than the prevailing wage rates for similar
classifications of work as established by the Federal Government and enforced by the U.S. Department
of Labor, Wages and Hours Division,and Florida's Minimum Wage requirements in Article X, Section
24 (f)of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency
for Workforce Innovation by rule,whichever is higher.
PRICE REDETERMINATIONS
Contractor may petition for a price redetermination with documented increases in the cost of wages,fuel,
or materials within 30 calendar days of the anniversary date of the Contract.Price redeterminations will
be based upon changes documented by the applicable Employment Cost Index(ECU or Producer Price
Index (PPI) as published on the Bureau of Labor Statistics site here. Contractor may petition for price
redetermination for Contractor's minimum wage employees should the minimum wage increase during
the Contract.Upon verification,the County may grant an increase matching the minimum wage increase.
INDEMNIFICATION
To the extent permitted by law, the Contractor shall indemnify and hold harmless the County and its
officers,employees,agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees, agents or
instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any
kind or nature arising out of, relating to or resulting from the performance of the Contract by the
Contractor or its employees,agents,servants,partners,principals or subcontractors.The Contractor shall
pay all claims and losses in connection with those claims and losses,and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may be incurred.
The Contractor expressly understands and agrees that any insurance protection required by the Contract
or otherwise provided by the Contractor will in no way limit the responsibility to indemnify, keep and
hold harmless and defend the County or its officers,employees,agents and instrumentalities as provided
in a solicitation or any Contract arising from a solicitation.
TERMINATION FOR CONVENIENCE
The County, at its sole discretion, reserves the right to terminate the Contract upon thirty (30) days'
written notice. Upon receipt of such notice,the Contractor shall not incur any additional costs under the
Contract. The County will be liable only for reasonable costs incurred by the Contractor prior to notice
of termination. The County will be the sole judge of"reasonable costs."
TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING
When funds are not appropriated or otherwise made available to support continuation of performance in
a current or subsequent fiscal year,the Contract will be cancelled,and the Contractor will be reimbursed
for the reasonable value of any non-recurring costs incurred amortized in the price of the supplies or
services/tasks delivered under the contract.
TERMINATION FOR DEFAULT
The County reserves the right to terminate any Contract arising from a solicitation, in part or in whole,
or affect other appropriate remedy in the event the Contractor fails to perform in accordance with the
terms and conditions stated in the Contract. The County further reserves the right to suspend or debar
the Contractor in accordance with the County's ordinances, resolutions and administrative orders. The
Contractor will be notified by letter of the County's intent to terminate and the Contractor will be given
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ten(10)calendar days to cure the breach. In the event of termination for default,the County may procure
the required goods and services from any source and use any method deemed in its best interest. All re-
procurement costs will be borne by the Contractor.
FRAUD AND MISREPRESENTATION
Any individual,corporation or other entity that attempts to meet its contractual obligations through fraud,
misrepresentation or other material misstatement, may be debarred for up to five (5)years. The County
as a further sanction may terminate or cancel any other Contracts with such individual, corporation or
entity with such Contractor held responsible for all direct or indirect costs associated with termination
or cancellation, including attorneys' fees.
RIGHT TO AUDIT
The County reserves the right to require the Contractor to submit to an audit, by any auditor of the
County's choosing. The Contractor shall provide access to all of its records, which relate directly or
indirectly to the contract at its place of business during regular business hours. The Contractor shall
retain all records pertaining to the contract and upon request make them available to the County for three
(3)complete calendar years following expiration of the contract. The Contractor agrees to provide such
assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with
applicable accounting and financial standards.
If the Contractor provides technology services, the Contractor must provide Statement of Standards for
Attestations Engagements(SSAE) 16 or 18 and System and Service Organization Control(SOC)reports
upon request by the County. The SOC reports must be full Type II reports that include the Contractor's
description of control processes, and the independent auditor's evaluation of the design and operating
effectiveness of controls. The cost of the reports will be paid by the Contractor.
If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any
nature by the Contractor to the County in excess of one percent (1%) of the total contract billings, in
addition to making adjustments for the overcharges, the reasonable actual cost of the County's audit
must be reimbursed to the County by the Contractor. Any adjustments or payments which must be made
as a result of any such audit or inspection of the Contractor's invoices or records must be made within a
reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from
presentation of the County's audit findings to the Contractor.
This provision is hereby considered to be included within, and applicable to, any subcontractor
agreement entered into by the Contractor in performance of any work under the contract.
PROPRIETARY/CONFIDENTIAL INFORMATION
Vendors are hereby notified that all information submitted as part of a Proposal will be available for
public inspection in compliance with Chapter 119 of the Florida Statutes(the"Public Record Act").The
Vendor should not submit any information in response to a solicitation which the Vendor considers
proprietary or confidential. The submission of any information to the County in connection with a
solicitation will be deemed a waiver from release of the submitted information unless such information
is exempt or confidential under the Public Records Act.
PUBLIC RECORDS LAW
Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with
this statement and establish the following requirements as contractual obligations pursuant to the
contract:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
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LAKE COUNTY, FLORIDA—GENERAL TERMS AND CONDITIONS
TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-343-9839,
PURCHASING@LAKECOUNTYFL.GOV, BY MAIL, OFFICE OF
PROCUREMENT SERVICES, ATTN: RON FALANGA, P.O. BOX 7800
TAVARES, FL 32778.
By entering into the Contract, Contractor acknowledges and agrees that any records maintained,
generated,received,or kept in connection with,or related to the performance of services provided under,
the Contract are public records subject to the public records disclosure requirements of section 119.07(1),
Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701,
Florida Statutes, any Contractor entering into a contract for services with the County is required to:
A. Keep and maintain public records required by the County to perform the services and work provided
pursuant to the Contract.
B. Upon request from the County's custodian of public records,provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in Chapter 119,Florida Statutes, 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 or termination of the Contract if the Contractor does not transfer the records
to the County.
D. Upon completion or termination of the Contract,transfer,at no cost,to the County all public records
in the possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon completion or
termination 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 or termination of the Contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the County,upon request from the County's custodian of public records, in a format that
is compatible with the information technology systems of the County.
Requests to inspect or copy public records relating to the County's Contract for services must be made
directly to the County. If Contractor receives any such request,Contractor shall instruct the requestor to
contact the County. If the County does not possess the records requested, the County shall immediately
notify the Contractor of such request, and the Contractor must provide the records to the County or
otherwise allow the records to be inspected or copied within a reasonable time.
Contractor acknowledges that failure to provide the public records to the County within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to
release any records that are statutorily confidential or otherwise exempt from disclosure without first
receiving prior written authorization from the County. Contractor shall indemnify,defend, and hold the
County harmless for and against any and all claims, damage awards, and causes of action arising from
the Contractor's failure to comply with the public records disclosure requirements of section 119.07(1),
Florida Statutes,or by Contractor's failure to maintain public records that are exempt or confidential and
exempt from the public records disclosure requirements, including, but not limited to, any third party
claims or awards for attorney's fees and costs arising therefrom. Contractor authorizes County to seek
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declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Lake
County on an expedited basis to enforce the requirements of this section.
COPYRIGHTS
Any copyright derived from a Contract will belong to the author. The author and the Contractor shall
expressly assign to the County nonexclusive,royalty free rights to use any and all information provided
by the Contractor in any deliverable or report for the County's use which may include publishing in
County documents and distribution as the County deems to be in its best interests. If anything included
in any deliverable limits the rights of the County to use the information, the deliverable will be
considered defective and not acceptable and the Contractor will not be eligible for any compensation.
The County owns and retains all proprietary rights in its logos,trademarks,trade names,and copyrighted
images (Intellectual Property).As such, nothing in any solicitation permits or shall be construed as
authorizing Vendor or Contractor to use or display County's Intellectual Property. The County has the
right to redact the County Logo displayed on any submission.
SOVEREIGN IMMUNITY
County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with
Section 768.28, Florida Statutes. Nothing will be deemed as a waiver of immunity or the limitations of
liability of County beyond any statutory limited waiver of immunity or limits of liability.Nothing will
inure to the benefit of any third party for the purpose of allowing any claim against County,which would
otherwise be barred under the law.
COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under a Contract must be in accordance with all governmental standards to
include, but not be limited to, those issued by the Occupational Safety and Health Administration
(OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire
Protection Association(NFPA).
E-VERIFY
Upon award of a Contract, the Contractor shall utilize the U.S. Department of Homeland Security's E-
Verify system in accordance with the terms governing use of the system to confirm the employment
eligibility of all new persons hired by the Contractor during the term of the Contract.
The Contractor shall include in all contracts with subcontractors performing work pursuant to any
Contract,an express requirement that subcontractors utilize the U.S.Department of Homeland Security's
E-Verify system in accordance with the terms governing use of the system to confirm the employment
eligibility of all new employees hired by subcontractors during the term of the subcontract.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA)
The Contractor may be required to execute a Business Associate Agreement, pursuant to the Health
Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (codified at 42 U.S.C. Section
1320d,et. seg.), and regulations contained in 45 C.F.R. Parts 160 and 164.
If the Contractor obtains any information governed by 42 U.S.C. Section 290dd-2 and the regulations
implemented by the Substance Abuse and Mental Health Services Administration at 42 C.F.R. Part 2
(collectively referred to as the "SAMHSA regulations"), whether from the County or another source,
while providing services to the County under the contract,the Contractor shall only use or disclose that
information pursuant to the SAMHSA regulations.
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The Contractor will also comply with any and all laws under the State of Florida governing the
confidentiality of health information,including but not limited to records or other documents containing
medical,mental health,or substance abuse information.
FORCE MAJEURE
The parties will exercise every reasonable effort to meet respective obligations under the Contract but
will not be liable for delayed performance or nonperformance resulting from a force majeure. A party
that becomes aware of a force majeure that will significantly delay performance will notify the other
party promptly,within 15 calendar days, after if discovers the force majeure. If a force majeure occurs,
the parties may execute a contract modification or change order to extend the performance schedule or
make accommodations that are reasonable under the circumstances.
NO CLAIM FOR DAMAGES
No claim for damages or any claim other than for an extension of time may be made or asserted against
the County because of any delays.No interruption, interference,inefficiency,suspension,or delay in the
commencement or progress of the work will relieve the Contractor of duty to perform or give rise to any
right to damages or additional compensation from the County. The Contractor's sole remedy will be the
right to seek an extension to the Contract time. However, this provision will not preclude recovery of
damages by the Contractor for hindrances or delays due solely to fraud,bad faith,or active interference
on the part of the County.
CERTIFICATION REGARDING SCRUTINIZED COMPANIES
The Contractor hereby certifies that,pursuant to Section 287.135,Florida Statutes, it is not listed on the
Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel. The Contractor
understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject it to civil penalties, attorneys' fees, and costs. The Contractor further understands that any
contract with the County for goods or services may be terminated at the option of the County if the
Contractor is found to have submitted a false certification or has been listed on the Scrutinized
Companies that Boycott Israel list or is participating in a boycott of Israel.
For purchases of$1 million or more:
By submitting a response to any solicitation, the Contractor hereby certifies that, pursuant to Section
287.135, Florida Statutes, it is not listed on the Scrutinized Companies with activities in the Iran
Petroleum Energy Sector List, or the Scrutinized Companies with Activities in Sudan List, is not listed
on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel, and is
not engaged in business operations in Cuba or Syria.The Contractor understands that pursuant to Section
287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties,
attorneys' fees,and costs.The Contractor further understands that any contract with the County for goods
or services of$1 million or more may be terminated at the option of the County if the Contractor is found
to have submitted a false certification or has been listed on the Scrutinized Companies with activities in
the Iran Petroleum Energy Sector List or the Scrutinized Companies with Activities in Sudan List, is
listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel,or is
engaged in business operations in Cuba or Syria.
ANTI-TRAFFICKING RELATED ACTIVITIES
The U.S. Government has adopted a policy prohibiting trafficking in persons including the trafficking-
related activities listed below. These prohibitions specifically apply to come federally funded contracts
and prohibit contractors, contractor employees,and their agents from:
A. Engaging in severe forms of trafficking in persons during the period of performance of the contract;
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B. Procuring commercial sex acts during the period of performance of the contract:
C. Using forced labor in the performance of the contract;
D. Destroying,concealing,confiscating,or otherwise denying access by an employee to the employee's
identity or immigration documents, such as passports or drivers' licenses, regardless of issuing
authority;
E. Using misleading or fraudulent practices during the recruitment of employees;
F. Charging employees or potential employees recruitment fees;
G. Failing to provide return transportation or paying for the cost of return transportation upon the end
of employment for certain employees;
H. Providing or arrange housing that fails to meet the host country housing and safety standards; or
I. Failing to provide an employment contract, recruitment agreement, or other required work
documents in writing, as required by law or contract.
NOTICES
All notices given by one party to the other party under a contract must be delivered to the receiving
party's address set forth on the Contract either by hand, qualified courier, or e-mail and will be deemed
received the day after it is transmitted. For County, it must be addressed to the Office of Procurement
Services,Post Office Box 7800,315 West Main Street, Suite 441,Tavares,Florida, 32778 or emailed to
purchasing@lakecountyfl.gov.
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ATTACHMENT 1 —SUBMITTAL FORM 22-730
The undersigned hereby declares that: Bennett Fire Products Company, Inc. has examined and
accepts the specifications, terms, and conditions presented in this Solicitation, satisfies all legal
requirements to do business with the County, and to furnish FIRE EQUIPMENT, SUPPLIES,
AND SERVICES for which Submittals were advertised to be received no later than 3:00 P.M.
Eastern time on the date stated in the solicitation or as noted in an addenda. Furthermore, the
undersigned is duly authorized to execute this document and any contracts or other transactions
required by award of this Solicitation.
1.0 TERM OF CONTRACT
The Contract will be awarded for an initial one(1)year term with the option for two(2)subsequent
two (2) year renewals. Renewals are contingent upon mutual written agreement.
The Contract will commence upon the first day of the next calendar month after Board approval.
The Contract remains in effect until completion of the expressed and implied warranty periods.
The County reserves the right to negotiate for additional services/items similar in nature not known
at time of solicitation.
2.0 PAYMENT
The Contractor shall email the County's using department (egminer(ci/akecountyfl.gov) an
accurate invoice within 30 calendar days after delivery. Invoices should reference the
purchase/task order, ship date, tracking number, and ship-to address, list price, percent discount,
and unit cost. Failure to submit invoices in the prescribed manner will delay payment.
Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter
218, Florida Statutes. The County will remit full payment on all undisputed invoices within 45
days from receipt by the appropriate County using department. The County will pay interest not
to exceed 1%per month on all undisputed invoices not paid within 30 days after the due date.
All pricing will be FOB Destination unless otherwise specified in this solicitation document.
Pricing submitted will remain valid for a ninety(90)day period.
Vendor accepts MasterCard for payment: NO
3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS:
I certify that I have reviewed the General Terms and Conditions for Lake County Florida and
accept the Lake County General Terms and Conditions dated 5/6/21 as written including the
Proprietary/Confidential Information section. YES
Failure to acknowledge may result in Submittal being deemed non-responsive.
4.0 CERTIFICATION REGARDING FELONY CONVICTION:
Has any officer, director, or an executive performing equivalent duties, of the bidding entity been
convicted of a felony during the past ten(10) years? NO
5.0 CONFLICT OF INTEREST DISCLOSURE CERTIFICATION:
Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest,real
or apparent, due to ownership, other clients, contracts, or interests associated with this project;
and, this Submittal is made without prior understanding, agreement, or connection with any
Page 1 of 3
ATTACHMENT 1 —SUBMITTAL FORM 22-730
corporation, firm, or person submitting a proposal for the same services, and is in all respects fair
and without collusion or fraud. Confirmed, no conflict of interest, Danny Bennett
6.0 CERTIFICATION REGARDING BACKGROUND CHECKS:
Under any County Contract that involves Contractor or subcontractor personnel working in
proximity to minors, the Vendor hereby confirms that any personnel so employed will have
successfully completed an initial,and subsequent annual, Certified Background Check,completed
by the Contractor at no additional cost to the County. The County retains the right to request and
review any associated records with or without cause, and to require replacement of any Contractor
employee found in violation of this requirement. Contractor shall indemnify the County in full for
any adverse act of any such personnel in this regard. Additional requirements may apply in this
regard as included within any specific contract award. YES
7.0 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
The County does not establish specific goals for minority set-asides however, participation by
minority and non-minority qualified firms is strongly encouraged. If the firm is a minority firm or
has obtained certification by the State of Florida, Office of Supplier Diversity, (OSD) (CMBE),
please indicate the appropriate classification(s) Choose an item. Choose an item.
and enter OSD Certification Number Click or tap here to enter text.
and enter effective date Click or tap to enter a date. to date Click or tap to enter a date.
8.0 FEDERAL FUNDING REQUIREMENT:
N/A
9.0 RECIPROCAL VENDOR PREFERENCE:
N/A
10.0 GENERAL VENDOR INFORMATION:
Firm Name: Bennett Fire Products Company, Inc.
Street Address: 195 Stockwood Drive, Suite 170
City: Woodstock State and ZIP Code: Georgia 30188
Mailing Address (if different): PO Box 2458
Telephone: 770-402-9910 Fax: N/A
Federal Identification Number/TIN: 58-2143532
DUNS Number: N/A
11.0 SUBMITTAL SIGNATURE:
I hereby certify the information indicated for this Submittal is true and accurate and that my
electronic signature shall have the same legal effect as if made under oath; that I am an authorized
representative of this Vendor and/or empowered to execute this Submittal on behalf of the Vendor.
I, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and
conditions contained in this solicitation as well as any attachments, exhibits, or addenda.
Name of Legal Representative Submitting this Proposal: Riahasil away evz vog-
Date: 4/26/2022
Print Name: Richard Danny Bennett
Page 2 of 3
ATTACHMENT 1 —SUBMITTAL FORM 22-730
Title: President
Primary E-mail Address: bennettfire@att.net
Secondary E-mail Address: bennettfireweb@gmail.com
The individual signing this Submittal affirms that the facts stated herein are true and that the
response to this Solicitation has been submitted on behalf of the aforementioned Vendor.
[The remainder of this page is intentionally blank]
Page 3 of 3
ATTACHMENT 2B- PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES,
AND SERVICES
Firm's Name Here
SAVE AND SUBMIT AS AN EXCEL FILE
FIRM'S WEBSITE: www.bennettfireproducts.com
Warehouse Location(s): Woodstock, GA
Contact Information For Emergency/Disaster Services (24/7)
Name: Danny Bennett
Email: bennettfire@att.net
Emergency Phone: 770-402-9910
List manufacturer brands supported.
MANUFACTURER Percent In Stock/ Freight WEBSITE
Off List Lead Time Included
as of 4/25/22
Globe Bunker Gear custom 44.00% 10-12 months yes www.us.msasafety.com
Cairns Bunker Gear custom 42.00% 10-12 months yes www.us.msasafety.com
Globe Accessories 10.00% 30 days yes www.us.msasafety.com
Globe Footwear 31.00% 75 days yes www.us.msasafety.com
Cairns Helmets custom 25.00% 45 days yes www.us.msasafety.com
Cairns Leather Fronts 2.00% 45 days yes www.us.msasafety.com
Cairns Helmet Parts 2.00% 30 days yes www.us.msasafety.com
PGI Clothing custom 10.00%,3-4 months yes www.pgi-inc.com
PGI Hoods and Accessories 2.00% 60 days yes www.pgi-inc.com
Firecraft Gloves 5.00% 10 days yes www.firecraftsafetv.com
Firecraft Gear Bags 2.00% 10 days yes www.firecraftsafetv.com
Shelby Gloves 5.00% 1-2 months yes www.shelbyglove.com
Stanfield Lifeliner Hoods 2.00% 1-2 months yes www.lifeliners.com
Black Diamond Rubber Boots 5.00% 4-6 months yes www.bdboots.com
ADDENDUM NO. #1 22-730
LAtt
COUNTY, FL
UAL FLORIDA •ALAL CLOS'
Office of Procurement Services
P.O.Box 7800•315 W.Main St.,Suite 441 •Tavares,FL 32778
SOLICTATION: Fire Equipment, Supplies, and Services 03/28/2022
Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm
acknowledgement by including an electronically completed copy of this addendum with submittal.
Failure to acknowledge each addendum may prevent the submittal from being considered for award.
THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS.
QUESTIONS/RESPONSES
Q1. I reviewed the attachments for bid 22-730 on Lake County's website and it doesn't look like the
attachments have any items that need to be priced. Is there a file with the equipment and supplies you
would like pricing for?
R1. Attachments 2A and 2B—The vendor shall list manufacturer brands supported.
Q2. I am looking at the Bid/RFP Number: 22-730 bid opportunity and wanted to find if I am not
seeing the Attachment 2B, properly? I have opened and downloaded,but I am not seeing any of the
equipment or supplies listed.
R2. Attachments 2A and 2B—The vendor shall list manufacturer brands supported.
ACKNOWLEDGEMENT
Firm Name: Bennett Fire Products Company, Inc.
I hereby certify that my electronic signature has the same legal effect as if made under oath;that I am an
authorized representative of this vendor and/or empowered to execute this submittal on behalf of the
vendor.
Signature of Legal Representative Submitting this Bid: tialartd Owzzp B0.uuver
Date: 4/25/2022
Print Name: Richard Danny Bennett
Title: President
Primary E-mail Address: bennettfire@att.net
Secondary E-mail Address: bennettfireweb@gmail.com
Page 1 of 1
ADDENDUM NO. #2 22-730
LA E
COUNTY, FL
iRA. dost
Office of Procurement Services
P.O Box 7800•315 W.Main St..Suite 441 •Tavares,FL 32778
SOLICTATION: Fire Equipment, Supplies, and Services 04/12/2022
Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confirm
acknowledgement by including an electronically completed copy of this addendum with submittal.
Failure to acknowledge each addendum may prevent the submittal from being considered for award.
THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS.
QUESTIONS/RESPONSES
Ql. Section 5.0 Method of Award - Is it the County's intention to award to multiple vendors as they
have done in the past?
R1. Per Section 5.0 Method of Award; The County reserves the right to make awards on a lowest
price basis by individual item, group of items, all or none, or a combination; with one or more
Vendors
Q2. Section 3.0 Delivery Requirements and Acceptance— bid calls for delivery of all products within
10 calendar days. For items in stock this is possible, but for items on order the delivery time will
vary by product and brand. The delivery time can be given when a quote is requested.
R2. Per Section 3.0 Delivery Requirements and Acceptance Section 3.5.1 Back order may be
cancelled after the shipment period has lapsed. Cancellation of orders are at the discretion
of the County.
Q3. Certain manufacturers are now including a significant surcharge to our cost which is in addition to
the list price. For the county to purchase these brands off this contract, a surcharge will need to
be allowed.
R3. The solicitation provides for percent off list price. Cost shall be in accordance with contract
pricing. Any additional fees shall be borne of the vendor.
ACKNOWLEDGEMENT
Firm Name: Bennett Fire Products Company, Inc.
I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an
authorized representative of this vendor and/or empowered to execute this submittal on behalf of the
vendor.
Signature of Legal Representative Submitting this Bid: Richard Amoy &ar
Date: 4/26/2022
Page 1 of 2
ADDENDUM NO.#2 22-730
Print Name: Richard Danny Bennett
Title: President
Primary E-mail Address: bennettfire@att.net
Secondary E-mail Address: bennettfireweb@gmail.com
Page 2 of 2