HomeMy WebLinkAbout2022 11 14 Consent 302 - Drum Roller Purchase • CONSENT AGENDA ITEM 302
,n m=ared CITY COMMISSION AGENDA I NOVEMBER 14, 2022 REGULAR MEETING
1959
TITLE
Drum Roller Purchase
SUMMARY
The City of Winter Springs Public Works Department request the approval of a
pavement drum roller to aid in addressing many of the minor road repairs
with in-house staff. The existing paver roller is nearing the end of its service
life and is cumbersome in its application.
RECOMMENDATION
Staff request approval for the purchase of a pavement 47" Drum Roller for in-
house minor road repairs. The total price including discount through the
Florida Sheriff's Association Cooperative Purchasing Program is $53,273.00
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PIGGYBACK RIDER—RING POWER SYSTEMS
THIS "PIGGYBACK" RIDER AGREEMENT("Agreement") is made and entered into this
day of , 2022, between the CITY OF WINTER SPRINGS, a Florida municipal
corporation ("City') and RING POWER CORPORATION,dba RING POWER SYSTEMS, a Florida corporation
with principal offices located at 500 World Commerce Parkway, St. Augustine, FL 32092 and with offices
located at 9901 Ringhaver Drive, Orlando, FL 32824 ("Contractor" or "Ring Power"). The City and the
Contractor agree as follows:
1. The Purchasing Policies of the City of Winter Springs allow for "piggybacking" contracts.
Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is
no need to obtain formal or informal quotations, proposals,or bids.The parties agree that the Contractor
is an authorized Caterpillar, Inc. dealer and that Caterpillar, Inc. has entered into a contract with the
Florida Sheriffs Association ("FSA"), said contract being identified as the: Agreement (Contract FSA20-
EQU18.0) for the purchase of Heavy Equipment, dated October 1, 2020, and further amended by the
Contract Amendment to Heavy Equipment FSA20-EQU18.0, dated June 10, 2022 (said original contract
being referred to as the "Original Government Contract").The parties further agree that the Contractor,
as an authorized dealer of Caterpillar, Inc., is obligated to abide by the provisions of the Original
Government Contract and is obligated to sell the products contained therein upon the same terms as
provided in the Original Government Contract to the City of Winter Springs, except to the extent as
modified herein.Through this Agreement, the City agrees to purchase certain equipment, identified as a
CB24B 5,400 Ib Double Drum Roller (Item 343 in the Original Government Contract), with specified
options as listed in the Quotation (hereinafter,the "Equipment").
2. The Original Government Contract is incorporated herein by this reference and is
attached as Exhibit "1" to this Agreement. All of the terms and conditions set forth in the Original
Government Contract ("Exhibit "1") are fully binding on the parties and said terms and conditions are
incorporated herein except to the extent expressly modified herein. The Amendment to the Original
Government Contract executed on June 10, 2022, is attached to this Agreement as Exhibit "2." The
Amendment is fully binding on the parties and said terms and conditions are incorporated herein except
to the extent expressly modified herein.
3. Notwithstanding the requirements that the Original Government Contract is fully binding
on the parties, the parties have agreed to modify certain provisions of the Original Government Contract
as applied to this agreement between the Contractor and the City of Winter Springs, as follows:
a) Notwithstanding anything in Exhibit "1" or Exhibit "2"to the contrary,the City of
Winter Springs shall be entitled to enforce all contractual obligations of Caterpillar, Inc. against the
Contractor as Caterpillar's authorized product dealer and shall be entitled to enjoy all contractual
privileges afforded to the FSA in the Original Government Contract for the duration of this Agreement and
related to its purchase of products from Contractor as provided herein.
b) Notwithstanding anything in Exhibit "1" or Exhibit "2" to the contrary, including
the expiration or early termination of the Original Government Contract,the term of this Agreement with
the City of Winter Springs shall take effect on the date of its execution by the City and Contractor (the
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"Effective Date") and continue until the product order contained in the quotation is completed or
terminated, including the expiration of all warranty periods,except to the extent the City of Winter Springs
elects to terminate this Agreement early upon the terms contained herein.
C) Notwithstanding anything in Exhibit "1" or Exhibit "2" to the contrary, the
Contract Documents shall consist of(1)this Rider; (2)the Original Government Contract,together with all
exhibits, attachments, and duly executed amendments; (3) the FSA20-EQU18.0 Heavy Equipment
Contract Specifications, incorporated herein by this reference and attached as Exhibit "3"; (4) the Bid
Award dated October 1, 2020;the Heavy Equipment Award Report, incorporated herein by this reference
and attached as Exhibit "4"; and (5) the Quotation dated June 22, 2022, incorporated herein by this
reference and attached as Exhibit"5".The order of precedence will be as follows in the event of a conflict
among the Contract Documents: this Rider, the Original Government Contract, the Quotation, the Bid
Award dated October 1, 2020, and finally the Heavy Equipment Award Report.
d) Section 1.11 of the Original Government Contract—Patents& Royalties—shall be
supplemented as follows:
Contractor represents and warrants that it has the right to use any and all intellectual property,
either by licensure or ownership, that is supplied, indirectly or directly, under this Agreement. Further,
the Contractor agrees that the City is relying on this representation and warranty to issue this Agreement.
Contractor agrees to hold harmless and to defend City against any claims of patent or copyright
infringement occasioned by the manufacture, sale or use of material supplied under this Agreement and
to indemnify City, and its elected and appointed officials, officers, attorneys, and employees, against any
damages occasioned by such claims whether justified or unjustified.
e) Section 1.26 of the Original Government Contract — Assignment of Contract —
shall be supplemented as follows:
No right or interest in this Agreement shall be assigned by Contractor without the prior written
permission of the City and no delegation of any obligation owed by either City or Contractor shall be made
without the prior written permission of either party. Any attempted assignment or delegation shall be
wholly void and totally ineffective for all purposes.
f) Section 2.03 of the Original Government Contract — Insurance and
Indemnification—shall be supplemented as follows.
During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of
insurance and limits of liability as set forth under this Paragraph. The insurance policies provided
hereunder by CONTRACTOR shall also include coverage with respect to services performed by all agents
and independent contractors employed by CONTRACTOR to perform any services hereunder.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of$1,000,000 as the combined single limit for each occurrence and $2,000,000 general
aggregate with a deductible not less than $5,000 unless otherwise approved in writing by the City
Manager to protect the CONTRACTOR from claims of property damages which may arise from any
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work/services performed under this Agreement whether such work/services are performed by the
CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property
damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for
damages for bodily injury, including wrongful death, as well as from claims from property damage,which
may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including
rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
C. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of$1,000,000 for all of its employees performing Work for the CLIENT
pursuant to this Agreement.
All required insurance must be from insurance carriers that have a rating of"A" or better and a
financial size category of "VII" or higher according to the A.M. Best Company (or equivalent rating and
rating service as reasonably determined by the City Manager). Current, valid insurance policies meeting
the requirements herein identified shall be maintained during the term of this Agreement. A copy of a
current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of
this Agreement which satisfied the insurance requirements of this Section. Renewal certificates shall be
sent to the CITY at the time of any expiration.There shall also be a 30-day advance written notification to
the CITY in the event of cancellation or material modification of any stipulated insurance coverage. The
CITY shall be an additional insured on all stipulated insurance policies as its interest may appear, from
time to time, excluding worker's compensation and professional liability policies.
g) Section 3.03 of the Original Government Contract—Vendor Contact Information
—shall be amended to read: the Contractor will maintain current contact information with the City at all
times. If a change occurs during the contract, the Contractor shall notify the City immediately.
h) Sections 3.04 and 3.06 of the Original Government Contract and Amendment—
Price Adjustments—are stricken. Pricing shall remain firm as provided in the Quotation, and the City will
not accept price increases, adjustments, or surcharges, including price increases, adjustments, or
surcharges accepted by the FSA.
i) Section 3.17 of the Original Government Contract — Force Majeure — shall be
stricken and replaced with the following:
Any delay or failure of either party in the performance of its required obligations hereunder shall
be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war;
sabotage; strikes (except involving Contractor's labor force); extraordinary breakdown of or damage to
City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or
state law or regulation; or order by any regulatory agency, provided that prompt notice of such delay is
given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove
such cause or causes. In such event that Contractor's performance is suspended for more than sixty(60)
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days during the term hereof, City may, at its option, terminate this Agreement upon written notice to the
Contractor.
j) Sections 1.33, 3.21 and 3.23 of the Original Government Contract - Inspection and
Rejection of Equipment- shall be modified as follows:
City shall have a reasonable time after delivery or performance within which to inspect the goods
or services.Goods rejected will, at Contractor's expense, be returned to Contractor or otherwise disposed
of as Contractor shall reasonably request. The cost of inspection of goods or services rightfully rejected
shall be charged to the Contractor. If reasonable inspection disclosed that part of the goods received or
services performed are defective or nonconforming,City shall have the right to cancel any shipped portion
of the order or unperformed portion of the services. Payment for the goods or services on this Agreement
prior to inspection shall not constitute acceptance thereof,and is without prejudice to any and all claims
that City may have against Contractor. The making or failure to make any inspection of, or payment for
acceptance of, the goods or services, shall in no way impair City's right to reject nonconforming goods or
services, recover damages or exercise any other remedy to which City may been titled; notwithstanding
City's knowledge of the nonconformity, its substantiality or the ease of its discovery.
k) Indemnity - Contractor agrees to protect, indemnify, save and hold harmless City, its
elected and appointed officials, officers, attorneys, and employees, from and against all losses, costs and
expenses and from and against all claims,demands,suits and actions for damages, losses,costs,attorneys
fees, expenses and from and against all liability awards,judgements, and decrees of whatsoever nature
for any and all damages to property of the City or others of whatsoever nature and for any and all injury
to any person (including death) arising out of or resulting from negligence of Contractor, breach of this
Agreement in the performance of services or the manufacture of goods,from any defect in materials or
workmanship, from the failure of the goods to perform to its full capacity as specified in the Agreement,
specifications of other data, or from the breach of any express or implied warranty.
4. The following additional terms are agreed to by the Parties. To the extent the following
terms conflict with those in the Original Government Contract, the terms of this Agreement control.
a) Delivery - Contractor agrees to deliver the Equipment by
, FOB destination . Failure to perform
services or deliver goods of the quality and quantity and within the time limit(s) specified by this
Agreement shall, at the option of the City, relieve it of any obligation to accept and pay for such goods or
services, including any undelivered shipments of goods. Upon failure to deliver as specified, the City may
buy like goods or services elsewhere and charge the Contractor with any increased cost or other loss
incurred thereon, pursuant to applicable law, unless defective shipment of goods, or performance of
defective services, as applicable, is agreed to by the City in writing.
b) Warranty-With respect to the Equipment, Contractor warrants to City(a)that the goods
shall be of the quality specified or of the test grade of their respective kinds if no quality is specified; shall
conform to the specifications, drawings, samples and other descriptions contained herein, and to
representations made by Contractor or its representatives; be fit for City's particular purpose;and (b)that
at the time the goods are accepted by the City, the goods shall have been produced, sold, delivered, and
furnished in compliance with all applicable Federal and State laws, including but not limited to the
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Consumer Product Safety Act, the Federal Occupational Safety and Health Act, the Fair Employment
Practices Act and the Equal Pay Act, and all applicable municipal: ordinances, regulations, rules, labor
agreements, and working conditions to which the goods are subject, (c) that the goods furnished
hereunder are free of any claims or liens of whatever nature whether rightful or otherwise of any person,
corporation, partnership, or association.
C) Price Protection -Contractor warranties that the price(s) set forth herein are equal to the
lowest net price, and the terms and conditions of sale as favorable as the price(s), terms and conditions
afforded by the Contractor to any other customer for goods or services of compatible grade or quality
during the terms hereof. Should City be able to purchase goods or services of the same or comparable
quality from another source at a lower delivered cost then in effect hereunder, and City gives Contractor
written notice hereto, City may purchase such goods or services from such other sources at such lower
delivered cost unless within fifteen days of receipt by Contractor of said notice, Contractor meets such
lower delivered cost for such quantity of goods or services. Any quantity of goods or services so purchased
from another source by City shall be deducted from the total quantity offered on this Agreement, but the
Agreement shall otherwise remain unaffected.
d) Fiscal Year Funding Appropriation - (a) Specified Period. Unless otherwise provided by
law, a purchase order for supplies or services may be entered into for any period of time deemed to be in
the best interest of the City, provided the term of the purchase order and conditions of renewal or
extension, if any, are included in the solicitation and funds are available for the initial fiscal period of the
purchase order. Payment and performance obligations for succeeding fiscal periods shall be subject to
the annual appropriation by City Council. (b) Cancellation Due to Unavailability of Funds in Succeeding
Fiscal Periods. When funds are not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal year period, the purchase order shall be cancelled, and the contractor
shall be entitled to reimbursement for the reasonable value of any work performed to the date of
cancellation.
e) Termination for Convenience- The City further reserves the right to terminate all or part
of the work to be performed pursuant to this Agreement for any reason. In such event,City shall be liable
only for materials or work done within the authorization of this Agreement up to the date of termination.
In no event shall City be liable for incidental or consequential damages by reason of such termination.
f) Public Records- Pursuant to Chapter 119, Florida Statutes, CONTRACTOR agrees that any
records, documents, transactions, writings, papers, letters, computerized information and programs,
maps, books, audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of transmission, of CONTRACTOR
related, directly or indirectly, to the services provided to the City under this Agreement and made or
received pursuant to law or ordinance or in connection with the transaction of official business by the
City, may be deemed to be a public record, whether in the possession or control of the City or the
CONTRACTOR. Said records,documents,transactions,writings, papers, letters,computerized information
and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings
or other material(s), regardless of the physical form, characteristics, or means of transmission of
CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed
without the specific written approval of the City's designated custodian of public records. Upon request
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by the City, the CONTRACTOR shall promptly supply copies of said Public Records to the City. All books,
cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any
and all reasonable times during normal business hours of the CONTRACTOR be open and freely exhibited
to the City for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access
and comply with public records laws and/or requests shall be grounds for immediate unilateral
cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the
CONTRACTOR fails to comply with this Section, and the City must enforce this Section, or the City suffers
a third-party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to
CONTRACTOR's failure to comply with this Section, the City shall collect from CONTRACTOR prevailing
party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against
CONTRACTOR. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees
and damages which the City had to pay a third party because of the CONTRACTOR's failure to comply with
this Section. The terms and conditions set forth in this Section shall survive the termination of this
Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA
STATUTES,TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:City Clerk,City of Winter Springs,1126 East State Road 434,Winter
Springs, FL 32708 or City-Clerk-Department@winterspringsfl.org or(407)327-6560.
g) Sovereign Immunity—The City intends to avail itself of the benefits of Section 768.28,
Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest
extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes,or other limitations
imposed on the City's potential liability under state or federal law. Contractor agrees that City shall not
be liable under this Agreement for punitive damages or interest for the period before judgment. Further,
City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two
hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of
the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this
Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim
which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This
paragraph shall survive termination of this Agreement.
h) Time is Of the Essence— Failure to deliver goods of the quality and quantity and within
the time limit(s) agreed to by both Parties, at the option of the City, relieve it of any obligation to accept
and pay for such goods, including any undelivered shipments of goods. Upon failure to deliver as specified,
the City may buy like goods or services elsewhere and charge the Contractor with any increased cost or
other loss incurred thereon, pursuant to applicable law, unless defective shipment of goods, or
performance of defective services, as applicable, is agreed to by the City in writing.Any failure by the City
to exercise its option with respect to any shipment of goods or performance of services shall not be
deemed to constitute a waiver with respect to subsequent shipments of goods or performance of services.
This provision is not in lieu of, and the City does not waive any remedies provided by law.
i) Modifications—This Agreement can be modified or rescinded only in writing and if signed
by both parties, or their duly authorized agents.
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j) Waiver—The failure of the City to enforce any provision of this Agreement or exercise any
right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any
such provision or right and the same shall continue in full force.
k) Taxes—The City government is a non-profit operation and is not subject to taxation.
1) Hazards—Contractor shall notify City of any inherent hazard and applicable precautions
and protective measures and provide any additional relevant information for the equipment purchased
pursuant to this Agreement.
M) Venue - The validity, interpretation, and performance of this Agreement shall be
governed and construed in accordance with the laws of the State of Florida. In the event of any dispute
under this Agreement, venue shall be in Seminole County, Florida for any state action and Orlando,
Florida, for any federal action.
n) Security Interest-The City shall not grant the Contractor a security interest in Equipment.
5. All terms and conditions set forth in the Amendmentto the Original Government Contract
are fully binding on the parties and said terms and conditions are incorporated herein except to the extent
expressly modified herein.
a) E-Verify Registration and Use— Is hereby modified as follows:
A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall
register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-
verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January
1, 2021.
B. Subcontractors
(i) Contractor shall also require all subcontractors performing work under this Agreement
to use the E-Verify system for any employees they may hire during the term of this Agreement.
(ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor
does not employ, contract with, or subcontract with an unauthorized alien,as defined in section 448.095,
Florida Statutes.
(iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt
and shall maintain a copy for the duration of the Agreement.
C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes.
Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January
1, 2021, have had their work authorization status verified through the E-Verify system and a copy of their
proof of registration in the E-Verify system.
D. Failure to comply with this provision is a material breach of the Agreement and shall result
in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for
all costs incurred by the City securing a replacement Agreement, including but not limited to, any
increased costs for the same services, any costs due to delay, and rebidding costs, if applicable.
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IN WITNESS WHEREOF, authorized representatives of the CITY and the CONTRACTOR have
executed this Piggyback Rider to the Original Government Contract on the day and year below noted:
CITY: RING POWER SYSTEMS
Shawn Boyle, City Manager
Printed Name and Title:
Date:
ATTEST: Date:
Christian Gowan, City Clerk
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FSA Cooperative Purchasing Program
FLORIDA
SHERIFFS ASSOCIATION
COOPERATIVE
PURCHASING PROGRAM
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Contract: FSA20-VEL28.0 — Pursuit,
Administrative and Other Vehicles
Contract: FSA20-VEH18.0 — Heavy Trucks
Contract: FSA20-EQU18.0 — Heavy Equipment
(Items formerly included under NEW contract.)
Contract Terms and Conditions
33
FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Table of Contents
1.0 GENERAL CONDITIONS.............................................................................................................5
1.01 BID CORRESPONDENCE................................................................................................5
1.02 PURPOSE......................................................................................................................6
1.03 TERM OF CONTRACT....................................................................................................6
1.04 ESTIMATED QUANTITIES..............................................................................................6
1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER.........................................................6
1.06 FUNDING......................................................................................................................7
1.07 CURRENCY....................................................................................................................7
1.08 GENERAL DEFINITIONS.................................................................................................7
1.09 ELIGIBLE PURCHASERS OF CONTRACT.........................................................................8
1.10 LEGAL REQUIREMENTS ................................................................................................9
1.11 PATENTS & ROYALTIES.................................................................................................9
1.12 FEDERAL AND STATE STANDARDS ...............................................................................9
1.13 UNDERWRITERS' LABORATORIES...............................................................................10
1.14 AMERICANS WITH DISABILITIES ACT..........................................................................10
1.15 REASONABLE ACCOMMODATION..............................................................................10
1.16 MINORITY BUSINESS ENTERPRISE (MBE)...................................................................10
1.17 ANTI-DISCRIMINATION ..............................................................................................10
1.18 BEST COMMERCIAL PRACTICES..................................................................................10
1.19 PUBLIC ENTITY CRIMES (PEC).....................................................................................10
1.20 TAX EXEMPTION.........................................................................................................11
1.21 TAXES .........................................................................................................................11
1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT...............................................11
1.23 COMMUNICATIONS ...................................................................................................11
1.24 CLARIFICATION AND ADDENDA.................................................................................11
1.25 SIGNED BID CONSIDERED AN OFFER..........................................................................12
1.26 ASSIGNMENT OF CONTRACT .....................................................................................12
1.27 TERMINATION OF PRODUCT LINE..............................................................................13
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
1.28 METHOD OF AWARD..................................................................................................13
1.29 DEMONSTRATION OF COMPETENCY.........................................................................13
1.30 VENDOR ABILITY TO PERFORM..................................................................................14
1.31 FINANCIAL RESPONSIBILITY .......................................................................................14
1.32 QUALITY AND SAFETY ................................................................................................14
1.33 NONCONFORMANCE .................................................................................................15
1.34 GRATUITIES................................................................................................................15
1.35 TIE BIDS......................................................................................................................15
1.36 RIGHT TO AUDIT.........................................................................................................15
1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS........................................................16
1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE.........................16
1.39 ELIMINATION FROM CONSIDERATION ......................................................................17
1.40 COLLUSION.................................................................................................................17
1.41 DEFAULT.....................................................................................................................17
1.42 PROTESTS AND ARBITRATION....................................................................................18
1.43 NONPERFORMANCE ..................................................................................................19
1.44 SEVERABILITY.............................................................................................................20
1.45 TERMINATION FOR CAUSE.........................................................................................20
1.46 TERMINATION WITHOUT CAUSE ...............................................................................20
1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO .................................................20
2.0 BIDDER INSTRUCTIONS.........................................................................................................22
2.01 BIDDER QUALIFICATIONS...........................................................................................22
2.02 LICENSING/FACILITIES................................................................................................22
2.03 INSURANCE AND INDEMNIFICATION.........................................................................23
2.04 SPECIFICATIONS.........................................................................................................25
2.05 FIXED PRICES..............................................................................................................25
2.06 DISCOUNTS ................................................................................................................25
2.07 SEALED BIDS...............................................................................................................25
2.08 EXCEPTIONS, OMISSION AND ERRORS.......................................................................25
2.09 MISTAKES...................................................................................................................26
2.10 EQUIVALENTS.............................................................................................................26
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
2.11 MANDATORY PRE-BID MEETING................................................................................26
2.12 QUALIFICATION..........................................................................................................27
2.13 PRICES QUOTED .........................................................................................................27
2.14 OPTION PRICING ........................................................................................................28
2.15 EMERGENCY LIGHTS AND SIRENS..............................................................................29
2.16 SUBMITTAL OF BID.....................................................................................................30
2.17 ZONE BIDDING ...........................................................................................................31
2.18 EXECUTION OF BID.....................................................................................................32
2.19 MODIFICATION OR WITHDRAWALS OF BIDS.............................................................32
2.20 LATE BIDS...................................................................................................................32
2.21 BID OPENING..............................................................................................................32
2.22 DETERMINATION OF RESPONSIVENESS.....................................................................32
2.23 RESPONSIBLE BIDDER CRITERIA.................................................................................32
2.24 BASIS FOR AWARD.....................................................................................................33
2.25 FIRM BID ....................................................................................................................33
2.26 BID TABULATIONS......................................................................................................34
2.27 MINOR IRREGULARITIES/RIGHTTO REJECT...............................................................34
2.28 CONE OF SILENCE.......................................................................................................34
3.0 CONTRACT CONDITIONS ......................................................................................................35
3.01 GENERAL REQUIREMENTS .........................................................................................35
3.02 STATEMENT OF AUTHORITY ......................................................................................35
3.03 VENDOR CONTACT INFORMATION............................................................................35
3.04 OPTION TO RENEW & PRICE ADJUSTMENT...............................................................35
3.05 ADDITIONS AND DELETIONS......................................................................................36
3.06 EQUITABLE ADJUSTMENT..........................................................................................36
3.07 CONDITIONS...............................................................................................................36
3.08 PRODUCTION CUTOFF ...............................................................................................37
3.09 FACI LITI ES...................................................................................................................37
3.10 SUBSTITUTIONS..........................................................................................................37
3.11 POLICE RATED VEHICLES & MOTORCYCLES ...............................................................37
3.12 SPECIAL SERVICE VEHICLES ........................................................................................38
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
3.13 CAB AND CHASSIS PURCHASES..................................................................................38
3.14 FACTORY INSTALLED ..................................................................................................38
3.15 VENDOR INSTALLED...................................................................................................39
3.16 NON-SCHEDULED OPTIONS .......................................................................................39
3.17 FORCE MAJEURE ........................................................................................................39
3.18 DELIVERYTIME...........................................................................................................39
3.19 ORDER........................................................................................................................40
3.20 VEHICLE AND EQUIPMENT DELIVERY.........................................................................41
3.21 INSPECTION AND ACCEPTANCE .................................................................................42
3.22 REGISTRATION, TAG AND TITLE .................................................................................43
3.23 INVOICING AND PAYMENTS.......................................................................................43
3.24 WARRANTY REPAIRS AND SERVICE............................................................................43
3.25 INADEQUATE SERVICE................................................................................................43
3.26 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS........................................44
3.27 ADMINISTRATIVE FEE.................................................................................................45
3.28 LIQUIDATED DAMAGES..............................................................................................46
AppendixA...............................................................................................................................48
AppendixB...............................................................................................................................49
AppendixC...............................................................................................................................50
AppendixD...............................................................................................................................51
AppendixE ...............................................................................................................................52
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Cooperative Purchasing Program
Contract Terms and Conditions
1.0 GENERAL CONDITIONS
1.01 BID CORRESPONDENCE
All correspondence regarding this bid should be directed to the Florida Sheriffs Association"FSA",using the
information shown above. Please be sure to reference the bid number and your contact information.
The contacts for this bid are:
Ed Lanier, FSA Cooperative Purchasing Program Coordinator
E-mail: elanier@flsheriffs.org
Phone:850-877-2165,ext. 5811
Fax:850-878-5115
Craig Chown, FSA Cooperative Purchasing Program Manager
E-mail: cchown@flsheriffs.org
Phone:850-877-2165,ext. 5833
Fax:850-878-5115
Communication for this Invitation to Bid should be identified by contract number and title and directed to:
Florida Sheriffs Association
Attn: Cooperative Purchasing Program Coordinator
2617 Mahan Drive
Tallahassee, FL 32308
E-mail: CPP@flsheriffs.org
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1.02 PURPOSE
The Florida Sheriffs Association invites interested Bidders, including Motor Vehicle Manufacturers and
Dealers/Certified Representatives to submit responses in accordance with these solicitation documents.
The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting
contract. The purpose of this bid is to establish contracts with manufacturers and manufacturer's
authorized vendors for contract terms specified under Section 1.03 for the purchase of vehicles and
equipment on a "no trade-in basis."
1.03 TERM OF CONTRACT
The term for Contracts FSA20-VEL28.0 Pursuit,Administrative and Other Vehicles and FSA20-VEH18.01
Heavy Vehicles shall remain in effect for two(2)years from date of contract execution by the FSA,and
may be renewed by mutual agreement,at the sole option and discretion of the FSA, pursuant to the
terms of Section 3.04.The initial term of these contracts begins October 1,2020 and ends September 30,
2022.
The term for Contract FSA20-EQU18.0 Heavy Equipment shall remain in effect for three(3)years from date
of contract execution by the FSA, and may be renewed by mutual agreement, at the sole option and
discretion of the FSA,pursuant to the terms of Section 3.04.The initial term of this contract begins October
1,2020 and ends September 30,2023.
Contract extensions will only be executed when the FSA determines, based on then-existing conditions,
that it is in the best interest of the FSA and the purchasers to do so.
1.04 ESTIMATED QUANTITIES
In FY 2018-19, eligible users purchased approximately 8,856—vehicles and equipment from this contract.
These estimated figures are given as a guideline for bidders preparing bids.
Quantities provided do not guarantee or imply future contract sales. Neither the FSA nor any eligible user
is obligated to place any order for a given amount subsequent to the award of this bid solicitation.
1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER
The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has
the authority either individually or collectively to execute contracts for all goods and services for the proper
conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs' offices from the provisions of
the Florida Statute that would otherwise require sealed and competitive bidding procedures.
It is our practice to give consideration to the prices offered, but the Office of the Sheriff is not required by
law to accept the lowest priced proposal and may reject any or all of the proposals without recourse.
Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way
obligates the participating sheriffs' offices for any payment for any activity or costs incurred by any bidder
in responding to this solicitation.
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1.06 FUNDING
In the case of certain purchasers,including state agencies,funds expended for the purposes of the contract
must be appropriated by the Florida Legislature, the individual participating agency or the agency's
appropriating authority for each fiscal year included within the contract period. For such agencies, their
performances and obligations to pay for products or services under any resulting contract, or purchase
order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the
appropriating authority.Therefore,any contract or purchase order with such an agency shall automatically
terminate without penalty or termination costs in the event of non-appropriation.
1.07 CURRENCY
All transaction amounts,bids,quotes,provisions,payments or any part of this contract relating to currency
are to be made in United States Dollar.
1.08 GENERAL DEFINITIONS
The terms used in this contract are defined as the following:
a. Bidder:A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing
Program Administrator in accordance with the Contract Terms and Conditions.
b. Bid System:The online forum used for the submission of electronic bids and review of bid results
for the specifications connected to this Invitation to Bid.VendorLink is the software used for this
bid.
c. Dealer: A manufacture's certified representative authorized by the manufacturer to market, sell,
provide,and service the vehicles/equipment for the FSA Cooperative Purchasing Program. Dealers
may be vendor-owned and controlled,in whole or in part,or independently owned and controlled.
d. Florida Sheriffs Association Cooperative Purchasing Program (FSA):The entity that administeres
the Invitation to bid and contract administration functions for this contract.
e. End User:A term used to distinguish the person who ultimately uses or is intended to use a product
or for whom a product is designed for use.
f. Factory: Refers to the manufacturer produced products.
g. Fleet Advisory Committee (FAC): An employee of a sheriff's office or other local governmental
agency, or any other person who FSA identifies as subject matter expert who assists with the
development of bid specifications and evaluation of bid responses. The Fleet Advisory Committee
makes recommendations to the FSA and is not responsible for final awards.
h. Invitation to Bid: A competitive solicitation and award process established through the issuance
of an invitation to vendors,dealers and manufacturers to submit a price offer on a specific product
to be provided. This term shall include the bid specifications available to bidders on the bid system
and references to solicitation documents.The term shall not include request for proposals,request
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Cooperative Purchasing Program
Contract Terms and Conditions
for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or
written quotations.
i. Manufacturer: The original producer or provider of vehicles or equipment offered on this contract.
j. Manufacturer's Suggested Retail Price (MSRP): Manufacturer's Suggested Retail Price (MSRP)
represents the Manufacturer's recommended retail selling price, list price, published list price,or
other usual and customary price that would be paid by the purchaser. The following are acceptable
sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the
resulting contract:
1. Manufacturer's Computer Printouts: Ford-"Dora";General Motors-"GM Autobook";or
approved equivalent
2. Chrome Systems, Inc.'s PC Carbook(PC Carbook Plus and PC Carbook Fleet Edition)
3. Manufacturer's Annual U.S. Price Book
4. Manufacturer's official website
k. Non-Scheduled Options:Any optional new or unused component,feature or configuration that is
not included or listed in the base vehicle specifications or options.
I. Production Cutoff: A date used by manufacturers to notify dealers that the factory has reached
maximum capacity for orders or are discontinuing the production of a vehicle or equipment.
Vehicle manufacturers use this term when referring to any given model year for production.
m. Published List Price: A standard "quantity of one" price currently available to government and
educational purchasers,excluding cooperative or volume discounts.
n. Purchaser: A Purchaser is an entity that seeks to obtain vehicles or equipment off this contract by
meeting the eligible user criteria or with vendor approval.
o. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has
been awarded on this Contract. Purchaser orders placed using this contract formalize the terms
and conditions of this contract under which a vendor furnishes vehicles or equipment to a
purchaser.
p. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services
which contribute to the overall finished vehicle or equipment.Third Party Suppliers are contractors
under the direction and responsibility of the bidder or vendor.
q. Vendor:The bidder that has been awarded and agrees to provide vehicles or equipment that meet
the requirements and base specifications. The vendor must agree to the contract terms and
conditions of the contract before being awarded to the contract.
r. Vendor Installed:A product or service provided by the vendor or other third party;not the factory.
1.09 ELIGIBLE PURCHASERS OF CONTRACT
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Cooperative Purchasing Program
Contract Terms and Conditions
Awarded bids,or contract prices,will be extended and guaranteed to the Florida Sheriffs Association, any
unit of local government, political subdivision or agency of the State of Florida. This includes, but is not
limited to counties, municipalities, sheriffs' offices, clerks, property appraisers, tax collectors, supervisors
of elections, school boards or districts, water management districts, police and fire departments,
emergency response units, state universities and colleges, or other state, local or regional government
entities within the State of Florida.
All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under
this contract. Participating agencies cannot guarantee any order other than those ordered by the individual
agency.
In addition, bids can be extended and guaranteed to other entities approved by manufacturers to
participate in this contract, which can include out of state sales. Vendors that wish to extend contract
pricing to entities other than those defined here are governed by their manufacturer's agreement,and must
agree to the terms and conditions of this contract.
1.10 LEGAL REQUIREMENTS
Federal,State, county laws,ordinances, rules and regulations that in any manner affect the items covered
herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for
relief from responsibility.
1.11 PATENTS & ROYALTIES
The bidder,without exception, shall indemnify and hold harmless the FSA and its employees from liability
of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the performance of the contract,
including its use by the FSA or a purchaser.
If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually
understood and agreed,without exception,that the bid prices shall include all royalties or costs in any way
arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the
work.
1.12 FEDERAL AND STATE STANDARDS
It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and
State of Florida laws, requirements, and regulations applicable to the type and class of commodities and
contractual services being provided.
In addition, any applicable federal or State legal or regulatory requirements that become effective during
the term of the Contract, regarding the commodities and contractual services' specifications, safety, and
environmental requirements shall immediately become a part of the Contract. The vendor shall meet or
exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall
contact the FSA immediately.
The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and
contract.
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Contract Terms and Conditions
1.13 UNDERWRITERS' LABORATORIES
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be
Underwriters'Laboratories,or U.L.,listed or re-examination listing where such has been established by U.L.
for the item(s)offered and furnished.
1.14 AMERICANS WITH DISABILITIES ACT
To request this material in accessible format,sign language interpreters,information on access for persons
with disabilities, or any accommodation to review any document or participate in any FSA sponsored
proceeding,please contact FSA Human Resources at(850)877-2165 five business days in advance to initiate
your request.TTY users may also call the Florida Relay Service at 711.
1.15 REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring an
accommodation at the Bid opening because of a disability must contact the FSA Human Resources at(850)
877-2165.
1.16 MINORITY BUSINESS ENTERPRISE (MBE)
The Florida Sheriffs Association policy is that Minority Business Enterprises(MBE)shall have the opportunity
to participate in this invitation to bid. Such process would be for supplying goods and services to FSA and
Purchasers.
1.17 ANTI-DISCRIMINATION
The bidder certifies that he/she is in compliance as applicable by federal or state law with the non-
discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order
11375,relative to equal employment opportunity for all persons without regard to race,color,religion,sex
or national origin.
1.18 BEST COMMERCIAL PRACTICES
The apparent silence of this specification and any supplemental specifications as to any details or the
omission from it of a detailed description concerning any point shall be regarded as meaning that only the
best commercial practices,size,and design are to be used.
All workmanship is to be first quality.All interpretations of this specification shall be upon the basis of this
statement.
1.19 PUBLIC ENTITY CRIMES (PEC)
In accordance with the Public Entity Crimes Act,Section 287.133, Florida Statutes,a person or affiliate who
has been placed on the convicted vendor list maintained by the State of Florida Department of Management
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Cooperative Purchasing Program
Contract Terms and Conditions
Services following a conviction for public entity crimes may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
public entity,may not be awarded or perform work as a Vendor,supplier,Sub-Vendor,or consultant under
a contract with a public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.20 TAX EXEMPTION
All State and Federal tax exemptions applicable to the units of local government of the State of Florida will
apply,and appropriate certifications furnished. Purchasers shall comply with all federal,state and local tax
requirements.
The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State
Taxes.State Sales Tax and Use Certificate Number is 85-8012646919C-3.
1.21 TAXES
Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and
State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the
purchaser's Federal Excise and State Taxes and Use Certificate Number.
1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT
In the event of conflict,the conflict may be resolved in the following order of priority(highest to lowest):
1. Addenda to Contract Terms and Conditions, if issued
2. Contract Conditions
3. Addenda to Bid Specifications, if issued
4. Bid Specifications
5. Bidder Instructions
6. General Conditions
1.23 COMMUNICATIONS
Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of
process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this
procurement.
Bidders should not rely on representations,statements, or explanations other than those made in this Bid
or in any written addendum to this Bid, and no oral representations, statements, or explanations shall be
deemed to bind the FSA or eligible users.
1.24 CLARIFICATION AND ADDENDA
Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA by e-mail to
CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must
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Contract Terms and Conditions
be received by the date for Request for Clarification stated on the Bid Calendar.Questions and answers will
be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar.
Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally,
and if any verbal clarifications are provided they are without legal effect.
Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA
reserves the right to address technical questions.
The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are
required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation
document. In the event of conflict with the original specifications, addenda shall govern to the extent
specified.Subsequent Addenda shall govern over prior Addenda only to the extent specified.
FSA will make every attempt to e-mail updates to registered bidders. However, posting to the FSA website
or the bid system constitutes proper notice of addenda.
The bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space
provided. Failure to acknowledge Addendum shall deem the bid non-responsive; provided, however,that
pursuant to section 2.27, the FSA may waive this requirement in its best interest. The FSA will not be
responsible for any explanation or interpretation made verbally or in writing except those made through
the posting of a Formal Addendum.
The bid submission constitutes acknowledgment of addenda to the specifications. Bids that fail to account
for the specification addenda shall be determined to be nonresponsive; however,that pursuant to section
2.27,the FSA may waive this requirement in its best interest.
After the start of the contract term, FSA will notify all vendors of any addenda and will require
acknowledgement of the new terms and conditions. If the vendor does not agree to the new terms and
conditions, the vendor's award can be removed or replaced by another vendor or qualified responsive
bidder.
1.25 SIGNED BID CONSIDERED AN OFFER
The signed Bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted
upon approval by the FSA and in case of default on the part of successful bidder,after such acceptance,the
FSA may procure the items or services from other sources. The bid submission must be signed by an
authorized representative.
An electronic signature may be used and shall have the same force and effect as a written signature.
1.26 ASSIGNMENT OF CONTRACT
No right or interest in this Contract may be assigned,transferred, conveyed,sublet or otherwise disposed
of,without prior written consent of the FSA.
If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this
Contract,a successor-in-interest must perform all obligations under this Contract. FSA reserves the right to
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reject the acquiring entity as vendor. A change of name agreement will not change the contractual
obligations of the vendor.
1.27 TERMINATION OF PRODUCT LINE
If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA
within 10 business days of the decision not to retain the product line.
In the event a manufacturer reassigns the product line to an alternate vendor, the manufacturer and the
vendor are required to immediately notify the FSA in writing of the change within 10 business days
confirming the reassignment. If the vendor is not already an approved FSA vendor,the vendor is required
to apply to the FSA to become an approved vendorrip or to conducting any qualified sales. The vendor and
the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions
throughout the remaining term of the contract.
1.28 METHOD OF AWARD
The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids
meet the requirements of this solicitation.
The FSA reserves the right to make multiple awards within a specification, if deemed in the best interest of
the FSA and the purchasers.
Awards will be posted on the FSA website according to the date posted in the bid calendar.
1.29 DEMONSTRATION OF COMPETENCY
Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial support,equipment and organization to ensure they can satisfactorily execute the
services if awarded a contract under the terms and conditions herein stated.
The terms"equipment"and "organization"as used herein shall be construed to mean a fully equipped and
well established company in line with the best business practices in the industry and as determined by the
FSA.
The FSA may consider any evidence available regarding the financial,technical and other qualifications and
abilities of a Bidder, including past performance with the FSA in making the award.
The FSA may require Bidders to show proof that they have been designated as authorized representatives
of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also
require information from the source of supply regarding the quality, packaging and characteristics of the
products. Any conflicts between this material information provided by the source of supply and the
information contained in the bid submission may render the bid nonresponsive.
Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be
considered from firms which are regularly engaged in the business of providing the goods or services as
described in this Bid.
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Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from
this solicitation or developed by the manufacturer, must be the original work of the individual or company
that submits the bid for evaluation.
1.30 VENDOR ABILITY TO PERFORM
During the contract period, FSA may review the vendor's record of performance to ensure that the vendor
is providing sufficient financial support,equipment and organization.
If the FSA determines that the vendor no longer possesses the financial support, equipment and
organization in order to comply with this section, FSA has the authority to immediately terminate the
contract awarded.
By responding to this procurement the vendor warrants that,to the best of his or her knowledge,there is
no pending or threatened action,proceeding,or investigation,or any other legal or financial condition,that
would in any way prohibit,restrain,or diminish the vendor's ability to satisfy the obligations of the Contract.
The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained
pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or
the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability
to perform is compromised in any manner during the term of the contract.
1.31 FINANCIAL RESPONSIBILITY
Bidder affirms by the signature on the contract signature page that the bidder:
• Has fully read and understands the scope,nature,and quality of work to be performed or the services
to be rendered under this bid, and has the adequate facilities and personnel to fulfill such
requirements;
• Accepts the financial responsibility associated with this bid,and declares that he or she has the access
to capital(in the form of liquidity or credit lines)in order to meet the financial demands of such award;
and
• Has assessed the financial responsibility required to serve the contract as bid, including such details as
the obligations to perform all specifications bid, zones bid, and quantities that could be ordered, as
well as timing of payment from purchasers,which can be 45 calendar days from receipt of invoice.
1.32 QUALITY AND SAFETY
All materials used for the manufacture or construction of any supplies, materials or equipment
covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and
highest grade workmanship that meet or exceed federal safety standards.
Products requiring certification should require certification of options in cases where non-certified options
could result in the decertification of the original product or warranty. In all cases where options are not
certified, the Vendor must disclose to the end user that the non-certified options are not required to be
certified.All options must meet or exceed federal safety standards.
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1.33 NONCONFORMANCE
Items may be tested for compliance with specifications. Items delivered that do not conform to
specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications
and items not delivered within a reasonable period of time after expected delivery date may be purchased
outside of the FSA contract.
Any violation of these stipulations may also result in:
• Vendor's name being removed from the awarded vendor list.
• FSA and purchasers being advised not to do business with vendor.
1.34 GRATUITIES
Proposers shall not offer any gratuities,favors, or anything of monetary value to any official,employee,or
agent of the FSA,for the purpose of influencing consideration of this bid.
1.35 TIE BIDS
FSA has the right to award multiple bidders the primary or alternate award in the event of a tie.
In the event the FSA desires to break tie bids,and both businesses have qualifying drug-free work programs,
the award will be made using the following criteria:
• Bidder Within the State of Florida
• Vendors performance record with purchasers
• Coin Toss
1.36 RIGHT TO AUDIT
Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify
Vendor's sales.
FSA and its authorized representatives shall have the right to audit and to make copies of all related records
pertaining to this contract, including all government sales and eligible users information whether kept by
or under the control of the vendor,including,but not limited to those kept by its employees,agents,assigns,
successors,sub-vendors,or third party suppliers in whatever form they may be kept—written or electronic.
Such records shall include, but not be limited to:
• Accounting records, including paid vouchers, cancelled checks, deposit slips, ledgers, and bank
statements;
• Written policies and procedures;
• Subcontract files(including proposals of successful and unsuccessful bidders,bid recaps,etc.);
• Original estimates or work sheets;
• Contract amendments and change order files;
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• Insurance documents;or
• Memoranda or correspondence.
Vendor shall maintain such records during the term of this Contract and for a period of three(3)years after
the completion of this Contract. At the vendor's expense and upon written notice from FSA, the vendor
shall provide such records for inspection and audit by FSA or its authorized representatives. Such records
shall be made available to FSA during normal business hours within three business days of receipt of the
written notice. FSA may select the vendor's place of business or offsite location for the audit. The FSA may
also request the vendor provide requested records via e-mail.
Vendor shall ensure FSA has these rights with Vendor's employees, agents, assigns, successors, and third
party supplier and the obligations of these rights shall be explicitly included in any subcontracts or
agreements formed between the Vendor and any Sub-Vendors to the extent that those subcontracts or
agreements relate to fulfillment of the Vendor's obligations to FSA.
Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not
addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting,
overpricing or overcharges (of any nature) by the vendor to FSA or a customer in excess of three percent
(3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to
exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non-
performance, FSA may recoup all the costs of the audit work from the vendor.
Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor's
invoices or records shall be made within a reasonable amount of time(not to exceed 60 calendar days)from
presentation of FSA's findings to Vendor.
FSA has the right to assess damages or seek reimbursements or refunds based on audit results.
1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS
Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform
work or services as a result of a bid award,the vendor will assume the full duty, obligation and expense of
obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable
county and municipal code requirements.The vendor shall be liable for any damages or loss to the FSA or
purchaser occasioned by negligence of the vendor or any person the vendor has designated in the
completion of the contract as a result of the bid.
1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE
Bid Bonds,when required,shall be submitted with the bid in the amount specified in Bidder Instructions.
After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of
insurance in the amounts specified in the Bidder Instructions and/or Insurance Checklist.
Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with
pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best
practice in comparing performance bond expense against any prior discounts that may be available.
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1.39 ELIMINATION FROM CONSIDERATION
This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA,
whether in relation to current or previous bid awards or for other business purposes.
1.40 COLLUSION
Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts
to disrupt the contract process equilibrium. Collusion involves people or companies that would typically
compete, but are conspiring or working together in which the outcome results in an unfair bid advantage.
The parties may collectively choose to agree to increase or decrease its product base price in one or more
zones to maximize awards thus denying the public a fair price.
Examples of Bid Collusion:
• Cover bidding:a competitor agrees to submit a non-competitive bid that is too high to be accepted
or contains terms that are unacceptable to the buyer.
• Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from
consideration.
• Market sharing: a competitor agrees to submit bids only in certain geographic areas or only to
certain public organizations.
• Bid rotation: competitors agree to take turns at winning business while monitoring their market
shares to ensure they all have a predetermined market share.
Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive,
and will be suspended or barred from bid participation.Any contract award resulting from collusive bidding
may be terminated for default. Further, any collusion that is detected by the FSA may be reported to
relevant law enforcement and/or prosecutorial agencies.
Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same
manufacturer and product line. Dealers which share the same ownership may submit multiple bids without
conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product
line.
1.41 DEFAULT
Failure or refusal of a bidder to execute a contract upon award or withdrawal of a bid before such award is
made,may result in forfeiture of any bid surety required that is equal to damages incurred by the FSA there
from,or where surety is not required,failure to execute a contract as described above may be grounds for
removing the bidder from the awarded vendor's list.
In case of default on the part of awarded bidder, the FSA may take necessary steps to otherwise procure
the products sought, including but not limited to procuring the products or services from the next highest
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ranked bidder or from other sources. A defaulting bidder may be held liable for costs incurred by the FSA
in procuring replacement products.
1.42 PROTESTS AND ARBITRATION
Options are for informational purposes only and will not serve as a basis for protest.
Any person who is adversely affected by the decision or intended decision to award shall file a "Notice of
Protest" in writing to the FSA within three (3) business days after the posting of the Intent to Award and
shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to
file both a notice of protest and a formal written protest within the above referenced timelines shall
constitute a waiver of proceedings.
The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s).
The formal written protest must state with particularity the facts and law upon which the protest is based.
Failure to do so will result in a denial of protest. Formal written protest which states with particularity the
facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and
validity,and corrective action will be taken as needed contingent upon the validity of such claims. However,
any additional time required and cost incurred by the FSA to substantiate a protesting party's claim(s)
beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party's
filing will be reimbursable to the FSA and deducted from the protesting party's bond or security which must
accompany their filing.
Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall
post a bond,cashier's check or money order payable to the Florida Sheriffs Association in the amount equal
to ten percent of the product line being protested. The bond,cashier's check or money order must be filed
at the time of filing the formal written protest or within the five (5) business day period allowed for filing
the formal written protest. FSA will provide the amount required within two(2)business days of the notice
of protest received.This bond or security will be conditioned upon the payment of all costs which may be
adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal
expenses incurred and required to substantiate the protesting party's claim(s). Failure to post the bond or
security requirement within the time allowed for filing will result in a denial of protest. The filing of the
protest shall not stay the implementation of the bid award by the Florida Sheriffs Association.
Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA
within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration.
A demand for arbitration with the American Arbitration Association's (AAA) commercial panel under its
rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any
person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time
of filing the formal written arbitration request, a bond, cashier's check or money order payable to the
Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This
amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to
provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required
bond and security requirement within the specified timelines shall constitute a waiver of arbitration
proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory
binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any
way relating to the procurement process,and expressly waives any and all rights that it may otherwise have
to pursue such claims in any other forum,judicial or otherwise.
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If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of
the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the
parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of
their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the
Florida Sheriffs Association.
1.43 NONPERFORMANCE
By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all
zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the
imposition of liquidated damages of up to$1,000 per vehicle/equipment,which amount the vendor agrees
is reasonable,or probation,suspension,termination or a combination thereof from current and future bids
at the FSA's discretion.
The vendor shall at all times during the contract term remain responsive and responsible. In determining
vendor's responsibility,the FSA shall consider all information or evidence that demonstrates the vendor's
ability or willingness to fully satisfy the requirements of the solicitation and the contract.
Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated
damages, suspended or terminated from the contract. The FSA at it's sole discretion may remove a
noncompliant vendor from future competitive bid solicitations; or take other actions including suspension
from the contract until compliance issues are resolved, limit current or future vendor participation by
specifications or zones,or other actions as determined by FSA at it's sole discretion.
At FSA's discretion, vendors may be required to develop corrective action plans to address contract
compliance. Failure to abide by corrective action plans will result termination from the existing contract
and future competitive bid solicitations at the discretion of the FSA.
In situations where there is evidence that the vendor has engaged in egregious breaches of the contract
with respect to either the FSA and/or the purchaser,the contract can be terminated and the vendor will be
removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid
process at the sole discretion of FSA.
Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept
orders during the contract period while manufacturer orders are still being accepted for current model year
or the new year if the vehicle is price protected by the factory,charging amounts exceeding MSRP on factory
or vendor installed items and packages, requiring the purchase of additional options over and above the
base vehicle as a condition of acceptance of order,providing aftermarket options where factory options are
available without the consent of the purchaser,any misrepresentation of optional equipment or service as
being factory that fails to meet the definition as described in this document,and any other practice deemed
to be inconsistent with the intent of the contract.
Any vendor presented with a valid purchase order is required by this contract to accept such purchase order
and deliver the product. Orders must be fulfilled if the vehicle or equipment is a base model or whether it
includes options. The vendor must deliver this product if they were awarded the contract— regardless of
profit or loss.
Failure to deliver the vehicles or equipment may result in the purchaser seeking damages for the difference
of cost to issue the exact same order with another vendor plus any legal fees and damages that may be
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incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for
nonpayment of administrative fees,to which FSA is entitled, according to Section 3.28 and any attorney's
fees incurred in the recovery of these damages.
All terms and conditions are applicable throughout the term of the contract and not any given Year, Make
or Model.
1.44 SEVERABILITY
In the event any provision of this contract is held to be unenforceable for any reason,the unenforceability
thereof shall not affect the remainder of the contract which shall remain in full force and effect and
enforceable in accordance with its terms.
1.45 TERMINATION FOR CAUSE
If through any cause within the reasonable control of the vendor,it shall fail to fulfill in a timely manner,or
otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services
remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the
deficiencies are corrected within 10 business days,the Contract may be terminated for cause immediately.
The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the
failure to exercise such right shall not be deemed to constitute a waiver of this right.
In that event,the FSA shall compensate the successful bidder in accordance with the contract for all services
performed by the bidder prior to termination,net of any costs incurred by the FSA as a consequence of the
default.
Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained
by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold
payments to the vendor for the purposes of off set until such time as the exact amount of damages due the
FSA from the vendor is determined.
1.46 TERMINATION WITHOUT CAUSE
The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor
of such termination, which shall become effective 30 calendar days following receipt by vendor of such
notice.
In that event, all finished or unfinished documents and other materials shall be properly delivered to the
FSA.
The vendor shall not furnish any product after it receives the notice of termination,except as necessary to
complete the continued portion of the contract,if any. The vendor shall not be entitled to recover any lost
profits that the vendor expected to earn on the balanced of the Contract or cancellation charges.
Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services
delivered prior to the date of notice to terminate the contract.
1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO
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The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The
logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version
received from the FSA. Modifications are not permitted.
Methods of use include, but are not limited to:
• Electronic mediums such as websites,digital marketing campaigns,social media and e-mail;or
• Print media such as forms, marketing campaigns, business cards, posters, banners, brochures,
flyers and postcards.
Vendors may request the logo by contacting -np flsheriffs,nr and should include a brief description of
the how the vendor intends to use the logo.
The official FSA sheriff's star and wreath logo may not be used without prior written permission.
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2.0 BIDDER INSTRUCTIONS
2.01 BIDDER QUALIFICATIONS
In order for bids to be considered, bidders who are not currently parties to the existing contract, or who
have previously had their participation limited by the FSA, must provide the following material at the time
the mandatory qualifying documents are due. FSA reserves the right to accept this information up and until
the final award. The purpose of requesting this information is to demonstrate that they are qualified to
satisfactorily perform as an awarded vendor.
The bidder shall provide information as on the Bidder Qualifications Form:
• Bidder company name and parent company, if applicable
• Complete business address
• State of incorporation
• Length of time in business
• Names and contact information for key personnel
• Dun& Bradstreet Business Information Report Snapshot
• Identify a minimum of three contracts of similar size and scope
• Identify a minimum of three references for vehicle or equipment sales to government agencies
• Any contracts the bidder has been disqualified from, terminated from or found in default on, to
include the reason for disqualification,termination or default
2.02 LICENSING/FACILITIES
Bidders are required to possess a Florida Motor Vehicle Dealer's License in order to bid on any motor
vehicle. Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and
service for the vehicles and equipment bid.
If a bidder does not maintain a facility to perform warranty work or repair service within the state of Florida,
the bidder must provide a detailed plan at the time of bid submission as to how the bidder would service
Florida purchasers if awarded the contract.This Service Standard Plan must include:
• Whether the warranty service provider is approved by the manufacturer;
• Estimated quantities sold per item bid;
• If the company plans to contract out for service a copy of the service agreement; and
• Zone specific service plans to include:
o Response time to initial call from purchaser,
o Number of personnel available to service the contract,
o Qualifications of personnel providing warranty work,and
o Any additional information that would detail how warranty service would be provided.
The sufficiency of Service Standard Plan will be evaluated by the FSA during the bid evaluation.
The FSA reserves the right to periodically request additional or updated information from a bidder regarding
the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA may
also exercise discretion in examining such facility as deemed necessary.
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2.03 INSURANCE AND INDEMNIFICATION
Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and
shall fully indemnify,defend,and hold harmless the Florida Sheriffs Association,the participating agencies,
and their officers, agents, and employees from suits, actions, damages, and costs of every name and
description, including legal counsels'fees,arising from or relating to personal injury and damage to real or
personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees,
partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion
of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs
Association and participating agencies or proximately caused by intentional wrongful acts or omissions of
the Florida Sheriffs Association and participating agencies.
Vendor's obligations under the above paragraph with respect to legal action are contingent upon the Florida
Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or
threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder's
sole expense.Vendor shall not be liable for any cost,expense or compromise incurred by the Florida Sheriffs
Association, or participating agencies, in any legal action without bidder's prior written consent, which
consent shall not be unreasonably withheld,conditioned,or delayed.
The vendor shall be responsible for the work and every part thereof,and for all materials,tools,appliances
and property of every description,used in connection with this particular project.
The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to
property or persons used or employed on or in connection with the work and of all damage or injury to any
person or property wherever located, resulting from any action or operation under the contract or in
connection with the work. It is understood and agreed that at all times the vendor is acting as an
independent contractor.
The vendor at all times during the full duration of work under this contract, including extra work in
connection with this project shall meet the requirements of this section.
The vendor shall maintain automobile liability insurance including property damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work. The vendor shall
maintain comprehensive general liability insurance and general aggregate insurance in the amount and
coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage
operations in the amount specified on the Insurance Checklist.
No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA.
All insurance policies shall be issued by companies authorized to do business under the laws of the State of
Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide,
latest edition.
Copies of original signed Certificates of Insurance,evidencing such coverages and endorsements as required
herein shall be provided no later than five business days before the contract award date. The certificate
must state Bid Number and Title. The vendor may not begin performance under the contract until such
Certificates have been approved by the FSA.
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Upon expiration of the required insurance,the vendor must submit updated certificates of insurance for as
long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to
any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work
performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar
of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards
have been established to assure an adequate fund for payment of deductibles by the insured and approved
by the FSA.
The liability insurance coverage shall extend to and include the following contractual indemnity and hold
harmless agreement:
The vendor hereby agrees to indemnify and hold harmless the FSA,a 501(c)3, its officers, agents,
and employees from all claims for bodily injuries to the public and for all damages to the property
per the insurance requirement under the specifications including costs of investigation, all
expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out
of any such claims or suits because of any and all acts of omission or commission of any by the
vendor, his agents, servants, or employees, or through the mere existence of the project under
contract.
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits
arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as
determined by a court of competent jurisdiction.
The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement
contained within this contract,and furnish a copy of the Hold Harmless Agreement to the insurance agent
and carrier.
The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose
of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this
contractual operation.
The vendor will secure and maintain policies of third party suppliers.All policies shall be made available to
the FSA upon demand. Compliance by the vendor and all third party suppliers with the foregoing
requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the
vendor and all third party suppliers of their liabilities and obligations under any section or provisions of this
contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third party
suppliers and of persons employed by them as he is for acts and omissions of persons directly employed by
the vendor.
Insurance coverage required in this contract shall be in force throughout the contract term. The required
Insurance Checklist summarizes the bidder's insurance obligations, if awarded.
The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt
of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance
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during the contract term,the FSA shall have the right to consider the contract breached and justifying the
termination thereof.
If bidder does not meet the insurance requirements;the FSA may consider alternate insurance coverage.
2.04 SPECIFICATIONS
All units covered by this Contract and the specifications shall be the manufacturer's current basic
production model,and shall,as a minimum,be equipped with all standard factory equipment in accordance
with the manufacturer's latest literature unless otherwise noted in the bid document. If awarded, bidders
must supply a unit that either meets or exceeds all the requirements included in the applicable detailed
specifications.
The bid specifications are contained on the FSA bid system.The FSA base specifications are incorporated in
this document by reference.
All bidders will be required to provide information requested on the FSA bid system or may have their bid
rejected.
All vehicles, equipment, and options provided must be designed, constructed, and installed to be fully
suitable for their intended use and service.
2.05 FIXED PRICES
If the bidder is awarded a contract under this Invitation to Bid,the prices quoted by the bidder at the time
of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed
in a contract extension or price adjustment as provided in this Contract.
2.06 DISCOUNTS
Discounts listed in heavy vehicle and heavy equipment bids shall be below Manufacturer's Standard Retail
Pricing(MSRP)or manufacturers published list price for any vehicle,equipment and options.
The vendor has the authority to offer additional discounts based on quantity, as well as additional
manufacturer or vendor discounts.
Discount ranges are not permissible. Discounts must be a whole,positive percentage with no decimal place
(e.g. 10%).
2.07 SEALED BIDS
For purposes of this solicitation,a sealed bid is considered a bid submitted using Vendorl-ink.
2.08 EXCEPTIONS, OMISSION AND ERRORS
Any exceptions, deviations, or contingencies a bidder may have to specifications or Contract Conditions,
Section 3.0 of this document,must be documented in bidder's submission. Exceptions to the specifications
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at the time of the bid submission shall reference the specification or item number and a written explanation
for the request for exception. At FSA's discretion, exceptions, deviations, or contingencies to the
specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder's
submission.
Specifications are based on the most current manufacturer literature available. Bidders should immediately
notify the FSA of any inaccuracies in the specifications or required submittal documents. All notifications
of inaccuracies must be in writing and timely submitted.
Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs
required to bring the vehicle into compliance with the contract specifications.
Exceptions,deviations or contingencies to the General Conditions or Bidder Instructions,other than those
determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26,may be cause
for the rejection of a bidder's submission.
2.09 MISTAKES
Bidders are expected to examine the specifications, delivery schedules, bid prices and all information
pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk.
2.10 EQUIVALENTS
Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that
will supplement an item on the base specification. The FSA will determine whether the proposed equivalent
is equal to or exceeds the quality,design and construction than the intended replacement item in the base
specification.
Bidders must provide the manufacturer name and model number(or product identifier)of each equivalent
when seeking approval. Complete,descriptive,technical literature should demonstrate that the equivalent
conforms with specific replacement item.
If the equivalent is approved,the bidder must include the supporting material in the bid submission. Bids
will not be considered without this information. If a bid uses equivalents without prior approval, the bid
will be deemed nonresponsive.
Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically
identified in the bid,cannot publish or offer the unapproved equivalents. Offerings of this nature will cause
the bid to be rejected. If such offerings are identified after the award has been granted, the offerings,
specification or entire award can be removed by the FSA.
When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being
offered.
2.11 MANDATORY PRE-BID MEETING
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Prospective bidders are required to attend or participate in the mandatory Pre-Bid Meeting in accordance
with FSA requirements. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and
the FSA to meet in person to clarify questions on the terms and conditions and to confirm all base
specifications are correct.
Bidders have the opportunity to suggest technical modifications or corrections before the specifications are
finalized Questions relating to the specifications, the bid process, or award can be asked at the Pre-Bid
Meeting.
FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested
authorization, signs a memo of understanding to agree to meet all the terms and conditions without
exception and further waives their right to protest the bid process in its entirety or any portion thereof.
2.12 QUALIFICATION
Prospective bidders are required to complete the qualification forms by the date listed on the Bid Calendar.
A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid
Meeting.
Qualification forms include:
• Drug-Free Workplace Form,
• Insurance Checklist,
• Manufacturer Authorization Form for each manufacturer bid for Contract FSA20-VEH18.0 and FSA
20-EQU18.0; Manufacturer Authorization Forms are not required for Contract FSA20-VEL28.0;
• Emergency Vehicle Technician (EVT) Certification, if bidder is offering emergency lighting and
sirens,and
• Qualified Bidder documentation as required in Section 2.01
The qualification forms are located on the bid system.
2.13 PRICES QUOTED
Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be
valid for a period of sixty (60) calendar days from the date of bid opening. Each specification, make, and
model must be priced and bid separately.
Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for
payment for the specifications bid for the duration of the contract award,unless otherwise addressed by a
contract extension or price adjustment as provided in the contract.These prices must be inclusive of all of
the components included in the base specification.
Prices bid,including options,must include the administrative fee FSA charges to administer the contract,as
outlined in Section 3.28.
Prices must be Free On Board (FOB)destination.
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Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity
discounts offered will not be a consideration in determination of award of the bid.
2.14 OPTION PRICING
The bidder shall offer discount below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers
published list price for any factory options included in the bid submission and quotes to purchasers, if
awarded.
Options are intended to add or delete equipment or features from the base specification. Options can
provide an upgrade or downgrade to a manufacturer's model, such as a slightly different engine size or
horsepower, and should not be made available for purchase separate from the base vehicle or equipment.
Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base
specification or are available as another specification bid on this ITB.
Bidder must use proper factory codes for all factory options.Options available through the factory must be
bid and supplied to purchaser as"factory"options,unless otherwise requested in writing by the purchaser.
The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not
available for the item bid.
Option pricing will include all costs of labor associated with the option and cost of labor should not be listed
separately within the bid. Section 2.15 contains specific instructions and exceptions for emergency lights
and sirens.
If a bidder will offer registration and title services as a fee for service, the bidder must include the
administrative fee as a separate option (i.e. line item) for each item bid, see Section 3.23 for additional
details. Government imposed fees should not be included in this option pricing.
No other additional charges or fees are admissible.
For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet upload in the bid
system. See Section 2.14 for details on emergency lights and sirens.
If options are not available as a stand alone option, the bidder must indicate in their bid submission any
option requiring the purchase of other options, and also indicate options that are a part or dependent of
another option. Factory package options are allowable under this contract. Factory package options must
be included in the options within the bid document and detailed specifically as to what components the
package includes.
When calculating the price for a manufacturer's option requested in this bid that is not listed as an option
in the manufacturer's order guide(i.e. model or engine upgrade),the bidder must calculate the option price
as the net difference between vendor cost on the representative base vehicle and the total MSRP of the
requested option modifying the vehicle. A bidder may bid less than this price, but at no time charge more
than the calculation provided here.
The use of options to facilitate the sale of an alternate manufacturer's product which is outside the scope
of the written base specification will be determined nonresponsive and the bid will be rejected in whole or
part by the FSA.
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Example:Bidder CANNOTinclude option upgrades that result in the selling of a vehicle or truck on
one specification that is offered as a separate specification in the bid solicitation. For example, a
Vendor who is awarded the bid for 25,500 Ib. GVWR Cab & Chassis cannot upgrade this item
through an add option to a 30,000 Ib. GVWR Cab & Chassis in order to circumvent the bid award
winner for the 30,000 Ib. GVWR Cab&Chassis.
Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond
option prices listed in the contract. The additional discounts for each add option shall be decided by the
vendor.
Option Upload
The bid system will receive option information from bidders through a predefined Excel file upload. The
option information required for the bid submission of the options under each bid specification number
include:
• Bid Item number(FSA item specification number)
• Order code(Manufacturer order code)
• Description
• Price
The options will correspond to the specification or item number. Multiple options may be listed for
specification or item number bid. Therefore,any bidders that do not indicate the correct item number that
corresponds to the correct option code, price and description will not have options displayed for the item
bid. If option pricing is not uploaded correctly, FSA may require bidders to correct the formatting of the
options, but pricing may not be modified. Failure of the bidder to make corrections may cause the bid to
be rejected.
If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA base
specification, the bidder should include the word "Credit" at the beginning of the Description field, and
continue to describe the option being credited. For example,"Credit:one key fob"and enter the price the
bidder will credit the purchaser. The bid system will not allow for negative numbers,and any option upload
with negative numbers will not be accepted.
2.15 EMERGENCY LIGHTS AND SIRENS
Under Florida Statute 316.003(1),authorized emergency vehicles are defined as:
Vehicles of the fire department(fire patrol), police vehicles,and such ambulances and emergency
vehicles of municipal departments, public service corporations operated by private corporations,
the Fish and Wildlife Conservation Commission,the Department of Environmental Protection,the
Department of Health,the Department of Transportation, and the Department of Corrections as
are designated or authorized by their respective department or the chief of police of an
incorporated city or any sheriff of any of the various counties.
Bidders that will provide or contract to provide emergency light and siren installation must also submit
Emergency Vehicle Technician Certifications for the individuals working for the bidder or the designated
third-party supplier who will perform the installation. FSA reserves the right to accept certifications up and
until final award.
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Vendors that will install emergency lights and sirens are required to provide and install products that are
Society of Automotive Engineers(SAE)certified. SAE Certifications must include Class 1,Class 2 and Class 3
in order to be eligible for participation in the Contract. If a lighting or siren product installed on an
emergency vehicle is not SAE Certified,the vendor can be found in default of the Contract.
Prices submitted for emergency lights and sirens shall include all applicable government imposed fees.
Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as
part of the bid submission.
For vehicles that are manufacturered with emergency lights and sirens,including motorcycles,bidders may
not charge for labor, emergency lights or sirens that come from the factory equipped with these features
as standard equipment.
Bid Submission of Emergency Lights and Sirens
Bidders will be asked to provide pricing for emergency lights and sirens by submitting a pricing sheet. The
bid system will receive pricing through a standardized Excel file.The pricing sheet will include:
• Group
• Order code
• Description
• Price(part only)
• Labor hours
• Labor cost per hour
2.16 SUBMITTAL OF BID
Bidders are required to submit a bid using the FSA bid system,VendorLink. Bid submissions include pricing
for the base specification,option descriptions and pricing,and any applicable lighting/siren pricing,as well
as all other required documentation.
The bid must be received by the date and time specified on the Bid Calendar. Failure to meet all submission
requirements by the date indicated on the Bid Calendar will result in rejection of the bid.
Bid System:VendorLink
Bidders must submit their bid electronically using the on the FSA bid system, which is located at
https://www.myvendorlink.com. Bids not submitted within VendorLink will be rejected. Bidders are
encouraged to participate in training provided for Vendorlink.
User names and passwords will be issued to qualified after registering in the bid system,qualified bidders
will be invited to bid.
Prices are to be rounded to the nearest whole dollar(i.e. $10,not$10.05).The bid system allows for cents,
however the bid evaluation is based on the whole dollar. If a bidder submits bid pricing using cents, the
following formula will be applied:
• $.01-.49 will be rounded down to the prior dollar bid (e.g. $50.49=$50)
• $.50-.99 will be rounded to the next dollar(e.g. $50.50=$51)
Bid Submission
i
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To ensure correct bid submittal and formatting, Bidders shall:
1. Submit bid electronically through the FSA bid system,VendorLink,for the applicable bid.
2. Input bid price in the bid system price field within each specification being bid.
3. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xIsx), and PowerPoint (.ppt or .pptx);
Adobe Portable Document Format(.pdf); or Compressed File(ZIP)formats.
4. Enable printing on files submitted.
5. Separate and identify each part of the submission (i.e. document type, form type, content type)
with a divider/separation page.)
6. Bids must be input into the standardized format in VendorLink.
7. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise
during bid submission.
8. Follow all instructions outlined in this Invitation to Bid and provide all requested information.
The bid submitted in VendorLink shall include the following documents:
• Executed Contract Signature Page
• Build sheet in a single merged.pdf document for each item bid as prescribed in the FSA bid system.
o A build sheet is a document from the bidder or manufacturer that confirms that the
vehicle or equipment bid matches the FSA base specification. If using the manufacturer's
print-out,the document shall include the FSA bid specification item number,and indicate
the manufacturer's base model code and display the standard equipment required to
provide the base vehicle or equipment as outlined in the FSA base specification. For
example, manufacturer print-outs can include Ford — Dora, General Motors — GM
Autobook. Carbook Pro build sheets are acceptable. If vendor-installed aftermarket
components are used to meet the base specification and these components must be
identified on the build sheet. Build sheets for each item bid must be complied into a
single.pdf document. Build sheets should be in numerical order by specification, clearly
identifiable by specification or item number, and include model name and number. If
FSA cannot determine which specification the build sheet is for, the item bid can be
rejected as nonresponsive.
• Option pricing required as a single merged .pdf document as prescribed in the FSA bid system.
• Pricing Sheet for Emergency Vehicle Lights and Sirens,if applicable.
• Emergency Vehicle Technician Certifications, if applicable.
• Service Standard Plan,Section 2.02, if applicable.
• Any requested equivalents,Section 2.10,or exceptions,Section 2.08.
• Certificates of Insurance,as applicable for policies in existence at the time of bid submission
FSA may ask awarded bidders to supply one hard copy set with original, written signatures and original
compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless
specifically requested by FSA.
2.17 ZONE BIDDING
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Bidders are allowed to bid in one or more geographic zones. The zone map is included in Appendix B. A
space is provided for the bidder to indicate pricing for each zone. The bidder only submits a bid for each
zone if pricing is provided for each zone.
2.18 EXECUTION OF BID
By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this
contract and to be bound by such terms and conditions if selected for award. The bidder must submit the
Contract Signature Page with the signature of an authorized representative no later than the date of the
final award.
2.19 MODIFICATION OR WITHDRAWALS OF BIDS
A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due
date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be
considered.
Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must
withdraw the bid,the bidder must contact FSA immediately. Bid withdrawals are handled on a case by case
basis,and can result in a limitation of participation in future bids.
2.20 LATE BIDS
The responsibility for submitting a bid before the stated due date and time on the bid calendar is solely and
strictly the responsibility of the bidder.The FSA is not responsible for delays caused by technical problems,
any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to
time will be based on Eastern Time.
2.21 BID OPENING
Bids shall be opened on the date and time specified on the Bid Calendar.The bid opening will occur at the
Florida Sheriffs Association,2617 Mahan Drive,Tallahassee, Florida.
FSA shall read the bidder name and verify that the bidder successfully input the bid within the timeframe
prescribed for bid submission in the Bid Calendar.
2.22 DETERMINATION OF RESPONSIVENESS
Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be
deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in
the Contract.As set forth in section 2.27, FSA reserves the right to waive or allow a vendor to correct minor
irregularities.
2.23 RESPONSIBLE BIDDER CRITERIA
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Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not
meet all requirements of this Invitation to Bid or fail to provide all required information, documents or
materials may be rejected as nonresponsive.
Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or
reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-
responsible. In determining a responsible bidder,the following factors may be considered:
• Adequacy of facilities,staffing,and financial resources;
• Previous experience with FSA contract or other similar government contracts;
• Ability to provide excellent customer service, including previous FSA contracts;
• Any other information relevant to the responsibility of a vendor that FSA is aware of.
In addition to the requirements of Section 2.01,FSA reserves the right to request staffing,performance and
financial information from any bidder during the evaluation process if FSA determines this information is
necessary to award the bid.
FSA reserves the right to determine which responses meet the requirements, specifications, terms and
conditions of the solicitation,and which bidders are responsive and responsible.
FSA further reserves the right to limit participation of bidders who,in FSA's sole discretion,are determined
to present responsibility concerns that call into question the bidder's ability to perform but that do not rise
to the level of requiring rejection of the bidder as nonresponsible.
2.24 BASIS FOR AWARD
The FSA shall make awards to the lowest bidder by specification, by manufacturer and by zone to bidders
deemed to be responsive and responsible.Awards may also be made to the second and third lowest bidders
by specification, by manufacturer and by zone, if applicable and determined to be in the best interest of
the FSA and the purchaser.
The Fleet Advisory Committee serves as the initial review for bid submissions. The Fleet Advisory
Committee's review is submitted to the FSA for final evaluation and determination of award.
The options in the bid shall be for informational purposes only and will not serve as a basis for bid protest.
However,the FSA has the discretion to consider option pricing in making the award if doing so would be in
the best interests of the FSA or the purchaser.
FSA reserves the right to accept or reject any and all bids,and to waive any minor irregularity,technicality
or omission if it determines that doing so will serve the purchaser's best interest.
2.25 FIRM BID
Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response
will be good for an evaluation period of sixty(60)calendar days from the date of bid opening,and if awarded
through the duration of the contract unless otherwise addressed by a contract extension or price
adjustment as provided in this contract.
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By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all
zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the
imposition of liquidated damages of up to $1,000 per vehicle or equipment, which amount the vendor
agrees is reasonable, or probation, suspension, termination or a combination thereof from current and
future bids at the FSA's discretion.
2.26 BID TABULATIONS
The Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid
submission closes as indicated in the Bid Calendar. https://www.fisheriffs.org/law-enforcement-
programs/cooperative-purchasing-program/dealers-only.
If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date
for posting of results.
2.27 MINOR IRREGULARITIES/RIGHT TO REJECT
The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any
minor irregularity,technicality or omission if the FSA determines that doing so will serve its best interest or
the best interest of the purchasers.A minor irregularity is a variation from the terms and conditions of this
procurement that does not affect the price of the bid or give the bidder a substantial advantage over other
bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or
the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no
obligation to do so. In doing so,the FSA may request a bidder to provide clarifying information or additional
materials to correct the irregularity. However, the FSA will not request and a bidder may not provide the
FSA with additional materials that affect the price of the bid,or give the bidder an advantage or benefit not
enjoyed by other bidders.
The FSA may also reject any bids not submitted in the manner specified in this document.
2.28 CONE OF SILENCE
This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through
the bid award date and effective date of the awarded contract as indicated in the Bid Calendar. During this
period all communications regarding this solicitation between FSA and Bidder will cease, except for
procedural questions, questions regarding problems incurred in the use of the the bid system, or
communications initiated by the FSA. All permitted communications during this period shall be made in
writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid.
FSA is not responsible for bidder's improper use of the bid system. Exceptions will be granted to this section
should any bid system malfunctions occur.
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3.0 CONTRACT CONDITIONS
3.01 GENERAL REQUIREMENTS
Once the bid has been awarded,the terms and conditions of this document become the Contract between
the FSA and the awarded vendor.
The terms and conditions apply to all vehicles and equipment purchased from this contract.
3.02 STATEMENT OF AUTHORITY
Each person signing the Contract warrants that he/she is duly authorized to do so and binds the respective
party to the Contract.
3.03 VENDOR CONTACT INFORMATION
The vendor will maintain current contact information with FSA at all times.
If a change occurs during the contract, the vendor must notify FSA immediately. The Vendor Change
Document must be completed, signed by an authorized representative and submitted via e-mail to
t PPOfisnernTs.oi�.
A sample Vendor Change Document can be found in Appendix A and on the FSA website.
3.04 OPTION TO RENEW& PRICE ADJUSTMENT
Renewal Option
The contract may be renewed by mutual agreement,initiated at the discretion of the FSA,for up to two(2)
additional years, on a year to year basis.The FSA reserves the right to in its sole discretion elect to renew
the contract in whole or in part.
In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month
basis only and shall not constitute an implied renewal of the contract. Such a month-to-month extension
shall be upon the same terms of the contract and at the compensation and payment provided herein.
Price Adjustment
On an annual basis during the contract term, the FSA may consider a price adjustment due to changes in
the Producer Price Index(PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics,as
a result of any changes to national or state standards that require substantial cost adjustments,significant
manufacturer changes to the production of and specification design,or in the event of material changes in
tariffs that result in cost increases of 15%or more.
The price adjustment requests may be considered and implemented by FSA on an annual basis during the
initial term, or upon the completion of the initial term or a 12-month renewal period. Price adjustments
will be implemented upon request from a vendor or in the event that the FSA determines in its sole
discretion that such a price adjustment is warranted.
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Prices may be increased or decreased by the percentage change reflected in the nationally published PPI.
FSA shall determine the PPI based on the most recent published PPI initiated at the time of renewal that
best reflects adjustments to the economy over the previous 12 months.
In the event of changes to national or state standards,the vendor must present verifiable changes in cost
to FSA. The FSA will consider the cost changes and will make a final determination on the change in price.
In cases where manufacturers have significant changes to production and specification design to an
awarded item, FSA will consider certified manufacturer cost changes and may allow price adjustments to
reflect to such changes in costs from the manufacturer to the awarded vendor.
For any vendor-initiated price adjustment to commence on the first day of the renewed contract term or,
the vendor's request or adjustment should be submitted one hundred and twenty(120)calendar days prior
to expiration of the then current contract. The vendor-initiated price adjustment request must clearly
substantiate the reasons for the requested increase. If no request is received from the vendor,the FSA will
assume that the vendor has agreed that the optional term may be exercised without pricing adjustment.
Any adjustment request received after the commencement of a new option period will not be considered.
The FSA reserves the right to accept the renewal adjustment or to allow the contract to fully or partially
terminate and readvertise for bids,whichever is in the best interest of the FSA.
3.05 ADDITIONS AND DELETIONS
The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to
be in the best interest of FSA and the participating purchasers.
FSA reserves the right to remove, discontinue or suspend the sale or offering of any product within the
Invitation to Bid document or existing contract,at its discretion.
This decision to take action may be based upon and not limited to:
• Few or no sales;
• Product recalls and other safety issues;
• Vendor/Manufacturer performance;or
• Lack of relevance of products.
3.06 EQUITABLE ADJUSTMENT
The FSA may make an equitable adjustment to the contract terms or pricing at its discretion.
3.07 CONDITIONS
It is understood and agreed that any item offered or shipped as a result of this bid shall be the most current
model offered, i.e.the most current production model at the time of this bid.
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3.08 PRODUCTION CUTOFF
Vendor shall notify the FSA in writing no less than sixty(60) calendar days prior to the close of final order
date by the manufacturer when the final order date is during the term of the contract. Notification shall be
provided in writing.
Purchase orders received by the vendor ten (10) business days prior to the final order date must be
accepted and entered into the order system with the manufacturer.
If a purchase order has been timely received by the vendor or the manufacturer,and the manufacturer fails
to produce or deliver the production year vehicle,the vendor must provide the next year's equivalent model
at current contract prices.
Purchase orders issued and received after the production cutoff date will be subject to availability. In this
case,the vendor and manufacturer have the discretion whether to choose to provide next year's model at
current year's prices until the end of the contract term.
If the manufacturer cutoff date is during the term of the contract and will affect the purchaser's ability to
obtain the specifications, FSA may consider substitutions from the same manufacturer.
3.09 FACILITIES
The FSA reserves the right to inspect the vendor's facilities at any time with prior notice.
3.10 SUBSTITUTIONS
The FSA or purchasers will NOT accept substitutes of any kind. Vendors are expected to furnish the brand
quoted in the bid once awarded. Any substitutes will be returned at the vendor's expense. Delivery of
substitutes and the delay in supplying the correct specification can be deemed grounds for termination for
default.
3.11 POLICE RATED VEHICLES & MOTORCYCLES
Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on
Police Vehicle Testing Program/Evaluation.
These evaluations are not designed to recommend a particular product, but to serve as a resource for
vehicles which are currently being offered for law enforcement service. To see the full detailed report click
or copy the links below.
The importance with which each individual phase is weighted in these evaluations is a subjective decision
which should be made by each agency based upon that agency's needs.
For the purposes of this bid,the following are recognized authorities:
State of Michigan, Department of State Police and Department of Technology, Management and
Budget Police Vehicle Evaluation Program
https://www.michigan.gov/documents/msp/2019MYPoliceVehicleEvaluationl estBook
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Los Angeles County Sheriffs Department Law Enforcement Vehicle Test and Evaluation Program
Vehicles:
https://www.lasd.org/pdfos/web/viewer.html?file=VehicieTestBooklet.pdf
Motorcycles:
https://www.lasd.org/pdf/2017 MotorcycleTestBooklet12192017.pdf
3.12 SPECIAL SERVICE VEHICLES
Vehicles in this category in some cases have been reviewed by one or more of the nationally recognized
authorities on Police Vehicle Testing Program/Evaluation. These vehicles are labeled as Special Service
Vehicle (SSV) and often used in public safety applications and other areas of government. Refer to
manufactures published information for detailed information regarding these vehicles.
3.13 CAB AND CHASSIS PURCHASES
Cab and Chassis can be purchased from the vendor without any required additional fitting by the vendor.
If an incomplete chassis is sold to an agency,then the vendor is not responsible for the tag and title.Vendors
are responsible for tag and title work if the chassis is completed by the vendor or the vendor's contracted
third party supplier.
FSA highly recommends that all upfitting of cab and chassis be performed by vendors who are licensed and
certified to perform such work to avoid unnecessary exposure to future liability.
The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab
and chassis purchases.
3.14 FACTORY INSTALLED
All options specified as factory installed are to be installed on the vehicle at the primary site of assembly
and is to be the manufacturer's standard assembly-line product. No aftermarket and no vendor-installed
equipment will be accepted as factory installed. Vendors found supplying aftermarket or vendor-installed
equipment where factory installed are specified may be required to retrieve all delivered vehicles and
reorder new vehicles meeting the specifications.
All factory ordered options are to be original equipment manufacturer(OEM) and factory installed unless
otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not
be recognized.
Aftermarket parts, modifications, and factory produced parts and components ordered and installed by a
vendor that do not meet the requirements of factory installed components, will be rejected for
noncompliance with the requirements of the specification.
In the event that a component that does not meet the specifications is found installed on a vehicle before
or after the vehicle has been accepted by the Purchaser,the vendor shall be required to replace the vehicle
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with a vehicle that meets the required specifications, including factory installed components. In the
alternative,the purchaser shall decide whether they will accept vendor installed components.
3.15 VENDOR INSTALLED
All vendor-installed accessories shall be installed according to the manufacturer's specifications. Examples
include, but are not limited to a roll bar,trailer hitch,etc.
All such accessories must be manufactured by an established manufacturer of the product provided.Vendor
is required to disclose Make and Model of product being offered and the location,design,and model must
be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose
the warranty of any item that is less than or exceeds the factory vehicle or equipment warranty coverage.
A vendor that employs a third-party supplier or subcontracts technicians to install emergency equipment
on vehicles purchased on this contract is required to utilize technicians that are certified in Law
Enforcement Vehicle Installation through EVT Certification Commission, Inc. or an approved equivalent.
The FSA may at any time during the contract period request proof of the required certification.
Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the
contract in accordance with Section 1.45 of this Invitation to Bid.
3.16 NON-SCHEDULED OPTIONS
FSA attempts to include scheduled, factory and aftermarket options in the bid document. If a purchaser
requests a non-scheduled option that is not included in the bid document,the vendor may provide this non-
scheduled option.The purchaser has the opportunity to request the vendor's discount pricing for any non-
scheduled options during the quote process. At no time should the non-scheduled option exceed MSRP or
Published List Price.
Non-scheduled options should be listed as a separate line item and noted on the purchase order to include
the price.All non-scheduled options are covered under these terms and conditions.
3.17 FORCE MAJEURE
A vendor shall not be penalized for a delay resulting from the vendor's failure to comply with delivery
requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay
and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other
similar cause wholly beyond the vendor's control,or for any of the foregoing that third party suppliers if no
alternate source of supply is available to the vendor.
3.18 DELIVERY TIME
Vendors shall specify the estimated delivery time in calendar days for each item. The purchaser should
consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working
hours of the user, Monday through Friday,excluding holidays.
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3.19 ORDER
The vendor shall submit a copy of the purchase order to the FSA within 15 calendar days of receipt from
the purchaser.
To initiate a purchase,a purchaser issues a purchase order to the vendor,which shall include:
• The contract number and title,
• Specification number,
• Purchaser's federal identification number,and
• Name, phone number and email address for the point of contact at the purchasingagency.
Delivery or due dates should be discussed with the vendor at the time the quote is provided to the
purchaser,or if no quote is provided,when the purchase order is delivered to the vendor. It is important to
note that vendors do not have any control over production delays in schedules from the manufacturer.
While it is recommended that an agency purchase from the zone which is closest to their location, it is not
mandatory to do so. If the purchaser determines that a vendor in another zone can better serve the
purchaser's needs,the purchaser may order from a vendor in another zone.Vendors that provide vehicles
or equipment outside of an awarded zone may upon mutual agreement between the vendor and the
purchaser charge a delivery fee.
The purchaser should forward an executed copy of the purchase order to the FSA at the same time the
purchase order is sent to the vendor. Emails or hard copies are acceptable. Emails can be sent to
Loop@flsheriffs.oi g.
If a vendor receives a purchase order for a specification for which they were not awarded,the vendor must
notify the purchaser and return the purchase order to the purchaser within three (3) business days.
All vehicles ordered prior to production cut off and in accordance with the contract shall be supplied in the
manufacturer's next model run of that class vehicle even if it requires supplying a later model at the original
bid prices.
Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase
order.The vendor shall assure that all orders are placed in full compliance with the specifications and the
terms and conditions of the Contract and the purchase order.
It is the vendor's responsibility to ensure that the vehicle or equipment ordered by the purchaser is fully
compatible with all ordered options and that the vehicle complies with all applicable manufacturer and
industry standards.The vendor's acceptance of a purchaser's order will indicate that the vendor agrees to
deliver a vehicle that will be fully compatible with all of its options.
Any changes that are required to bring a vehicle or equipment into compliance with the various options
due to an incorrect order will be accomplished at the vendor's expense.
A Confirmation of Order form shall be completed by the vendor and returned to the purchaser 14 calendar
days from receipt of purchase order without notification by the purchaser. An example Confirmation of
Order form is included in Appendix C.
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Any additional information needed to complete this form should be obtained from the purchaser. The form
may be modified to accommodate each purchaser as necessary.
3.20 VEHICLE AND EQUIPMENT DELIVERY
At a minimum, pre-delivery service shall include the following:
• Standard Vendor and Manufacturer protocol for new vehicle and equipment delivery;
• Cleaning of vehicle and equipment, if necessary, and removal of all unnecessary tags, stickers, or
papers(window price sticker or supplied line sheet shall remain);
• Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle
ratio furnished;
• Verification that the hour meter does not exceed five(5) hours for equipment;
• Owner's manual and warranty manual to accompany each vehicle and equipment;and
• MSRP list sheet (window sticker) MUST be in the vehicle when it is delivered to the purchaser.
Vehicles that are missing this form,or have forms that have been altered will not be accepted. Build
sheets, or documentation that verifies what components are included on the equipment being
delivered, must be provided for equipment.
The vendor shall be responsible for delivering vehicles and equipment that are properly serviced,clean and
in first class operating condition.
Vendor shall complete delivery of the vehicle and equipment to the purchaser within fourteen(14)calendar
days of receipt of the vehicle from the manufacturer or equipment supplier. This deadline shall not apply
to vehicles originating as an incomplete chassis.
Receipt of a vehicle or equipment by the vendor is defined as acceptance of the vehicle or equipment from
a common carrier at the vendor's place of business or any third party's place of business.
Deliveries of less than 350 miles may be accomplished by driving the vehicle.Any delivery accomplished by
driving the vehicle must be supervised and the driver must comply with manufacturer's break-in
requirements and all applicable traffic laws. Any delivery accomplished by driving a police rated vehicle
must use an "OUT OF SERVICE"cover on light bars.
All deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchasing
agency. However,this requirement shall not apply to incomplete chassis.The purchaser has the option to
reject a vehicle with more than 350 odometer miles, or may deduct$0.51 cents per mile in excess of 350
miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. This
requirement also applies to redelivery of vehicles that were rejected upon initial delivery. Equipment with
more than five(5)hours on the hour meter may be rejected by the purchaser or the purchaser may choose
to negotiate a lower purchase price when the unit exceeds five hours.
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All warranties shall begin at the time of delivery to the purchaser.The purchaser's warranty should not be
active for incomplete vehicles or equipment and vehicles or equipment delivered to a third-party supplier
before final delivery.
Vendor shall notify the purchaser no less than twenty four (24) hours prior to delivery of the time and
location, which shall reflect the mutually agreed upon delivery details. Transport deliveries must be
unloaded and inspected by purchaser. Deliveries not complying with these requirements may be rejected
and will have to be redelivered at vendor's expense.
All vehicles or equipment with fuel tanks of thirty-five (35) gallons or less must contain no less than one
quarter(1/4)tank of fuel as indicated by the fuel gauge at the time of delivery. For vehicles and equipment
that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be
provided.
3.21 INSPECTION AND ACCEPTANCE
It is the responsibility of the purchaser to inspect a vehicle or equipment for any damages.
Each purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of
delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable
accommodations for inspection cannot be made upon delivery, the purchaser may have up to three (3)
business days to inspect the vehicle or equipment for acceptance.
Inspection and acceptance will be at the purchaser's destination unless otherwise previously agreed upon
location was provided in the purchase order.
It is the purchaser's responsibility to thoroughly inspect each vehicle and equipment prior to acceptance.
Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to
inspect the vehicle and equipment and compare bid specifications, purchase order and manufacturer's
window sticker or manufacturer's invoice to ensure vehicle or equipment meets or exceeds the
requirements of the bid specifications and the submitted purchase order. Purchasers should inspect the
vehicle and equipment for physical damage.
Delivery of a vehicle or equipment to a purchaser does not constitute acceptance for the purpose of
payment. Final acceptance and authorization of payment shall be given only after a thorough inspection
indicates that the vehicle and equipment meet contract specifications and the requirements listed below.
Should the delivered vehicle differ in any respect from specifications, payment can be withheld until such
time as the vendor completes the necessary corrective action.
Units shall be delivered with each of the following documents completed or included:
1. Copy of Customer's Purchase Order
2. Copy of the applicable Vehicle or equipment specification
3. Copy of Manufacturer's Invoice or Window Sticker for vehicles (prices may be deleted from the
manufacturer's invoice); or a Build sheet, or documentation that verifies what components are
included on the equipment being delivered,for equipment
4. Copy of Pre-Delivery Service Report
5. Warranty Certification
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
6. Owner's manual
7. If the vendor does not provide the tag and title,then the DHSMV 82040(Application for Certificate
of Title and/or Vehicle Registration)which requires a signature of authorized representative.
Deliveries that do not include the above items will be considered incomplete and can be refused.
3.22 REGISTRATION, TAG AND TITLE
Costs of registration,tag and title shall not exceed the statutory rates. FSA administrative fee does not apply
to tag and title work.
Title items shall be the responsibility of the vendor. If the purchaser is a government agency,the purchaser
has the right to choose to register and title the vehicle or equipment.
Reasonable administrative costs for registration and title services, including obtaining temporary tags,tag
transfers,and new tags are permitted. All costs associated with obtaining,filing and shipping of tags shall
be listed as an option during the bid submission for each item bid. Administrative costs can include
convenience fees,cost reimbursements for filing,obtaining or delivery of tags,or any costs over the original
purchase price of the registration and title. Administrative costs for registration and titling can be
negotiated between the purchaser and the vendor.
3.23 INVOICING AND PAYMENTS
Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this
contract.Vendors must invoice each purchaser independently.
A purchaser has three (3) business days to inspect and accept the vehicles or equipment.The vendor shall
be paid upon submission of invoices to the Purchaser after satisfactory delivery and acceptance of the
vehicles and/or equipment.
The Local Government Prompt Payment Act will apply to ensure timely payment of Vendor invoices. The
Local Government Prompt Payment Act is defined in Sections 218.70-218.79 of Florida Statutes.
3.24 WARRANTY REPAIRS AND SERVICE
All warranties shall begin at time of delivery and final acceptance by the purchaser. Failure by any
manufacturer's authorized representative to render proper warranty service or adjustments, including
providing a copy of the warranty work order to the purchaser, may subject the vendor to suspension from
the approved vendor listing until satisfactory evidence of correction is presented to the FSA.
3.25 INADEQUATE SERVICE
When vehicles and equipment require service or adjustments upon delivery,the vendor shall either remedy
the defect, or be responsible for reimbursing the manufacturer's local authorized representative or other
service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within
48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be
considered complete until all services or adjustments are satisfactory and the vehicle or equipment is
redelivered.
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
The provisions of the delivery section shall remain in effect until the redelivery is accomplished.The cost of
any transportation required shall be the responsibility of the vendor until the vehicles or equipment are
satisfactory and accepted by the purchaser.
3.26 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS
Purchase Orders
The vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered
late if not submitted fifteen (15) calendar days after the date of the purchase order. Purchase orders and
accompanying documentation shall include base specification items purchased and all options itemized
separately.
Vendors should scan a complete copy of the purchase order and attach it as a .pdf. Place the document
title in the subject line of the e-mail and send purchase order copies toJoFccof sneriffs.org.
The files should be named using the the name of the purchasing entity, the purchaser type and the PO
number. The purchaser type other can include any other eligible purchaser including special district, fire
department or other purchasing entity not specifically named here. Out of state sales should include the
state in the name.
PURCHASER TYPE SAMPLE STRUCTURE EXAMPLE
MUNICIPALITY City Name PO 12345.pdf Tallahassee PO 12345.pdf
COUNTY County Name County PO 12345.pdf Leon County PO 12345.pdf
EDUCATION Educational Institution Name PO Florida State University PO
12345.pdf 12345.pdf
OTHER Special District Name PO 12345.pdf Northwest Florida Water
Management District PO 12345.pdf
SHERIFF Sheriff Office Name PO 12345.pdf Leon County Sheriff PO 12345.pdf
Quarterly Reports
Quarterly reports are the contractual responsibility of each vendor.Quarterly reports which do not adhere
to the required format (as set forth in Appendix D) or are not complete of all purchase orders received
and/or deliveries made during the quarter will be returned to the reporting vendor for correction of
deficiencies.
Quarterly reports track the purchase orders received, deliveries made, and vendor administrative fees
prescribed in Section 3.28 due in a given quarter.
All required quarterly report templates can be downloaded from the FSA website under the Cooperative
Purchasing Program page, Other Links, Vendor Only page. All quarterly reports are to be sent to
REPORT SPtIsheriffs.org.
The quarterly report template shall be submitted using the Excel workbook provided. The workbook
contains three 3 worksheets.The first worksheet titled "Instructions" must be completed with the name
of the vendor and the quarter being reported in the fields that appear in red text. The quarter being
reported should be selected from the drop down box.This information will be copied to the report page
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
headers in each worksheet. The second worksheet must contain all sales or purchase orders received
during the quarter. The third worksheet must contain information on all deliveries made during the
quarter.This tab will automatically calculate the administrative fee due to FSA.
Purchase orders should not be sent with quarterly reports.A screenshot of the template of a quarterly
report is located in Appendix D. Quarterly reports must be completed and submitted electronically.
Quarterly reports are due no later than the 15th day of the month following the end of the quarter.
Quarterly reports shall follow this schedule for the duration of the contract:
Contract Year 1:October 1,2020—September 30,2021
Year 1 Quarter 1: October 1—December 31 Q1 Report Due: January 15
Year 1 Quarter 2: January 1—March 31 Q2 Report Due: April 15
Year 1 Quarter 3: April 1—June 30 Q3 Report Due: July 15
Year 1 Quarter 4: July 1—September 30 Q4 Report Due: October 15
Contract Year 2:October 1,2021—September 30,2022
Year 2 Quarter 1: October 1—December 31 Q1 Report Due: January 15
Year 2 Quarter 2: January 1—March 31 Q2 Report Due: April 15
Year 2 Quarter 3: April 1—June 30 Q3 Report Due: July 15
Year 2 Quarter 4: July 1—September 30 Q4 Report Due: October 15
Contract Year 3:October 1,2022—September 30,2023,as applicable
Year 3 Quarter 1: October 1—December 31 Q1 Report Due: January 15
Year 3 Quarter 2: January 1—March 31 Q2 Report Due: April 15
Year 3 Quarter 3: April 1—June 30 Q3 Report Due: July 15
Year 3 Quarter 4: July 1—September 30 Q4 Report Due: October 15
If a contract extension is executed,the quarterly reports will maintain the same schedule for future
reporting periods.
Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor
has no sales within a quarter,the vendor shall indicate"No sales this quarter"on the top row of the sales
worksheet. If the vendor has no deliveries in a given quarter,the vendor shall indicate"No deliveries this
quarter"on the top row of the delivery worksheet.
FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the
contract. Such a change shall not materially modify the substance of the information to be reported, but
may change the method by which future quarterly reports are to be submitted. In the event of such a
change, FSA will provide written notice to all vendors of the method by which future quarterly reports are
to be submitted.
3.27 ADMINISTRATIVE FEE
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
The FSA charges three quarters of one percent(.0075)to procure, process and administer the Contract.
After receipt of payment from contract purchases,the vendor shall remit all administrative fees to the FSA
no later than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given
quarter will be accompanied and supported by a Quarterly Report.
Bidders are to include the administrative fee of three quarters of one percent(.0075) in all bid prices. The
fee should be incorporated into the price at the time of bid submission This fee should also be included on
all add options. The administrative fee will remain payable to FSA and no relief from payment of the
administrative fee,nor any additional charge to recoup the administrative fee,will be permitted if a vendor
fails to incorporate the administrative fee in its bid pricing.
The fee should never be listed as a separate line item on any purchase order.
The administrative fee is based on the total purchase order amount of new vehicles or equipment. This fee
excludes any value given to purchasers for trade-ins. Trade-ins,extended warranties and other exchanges
will not reduce or impact the fee calculation.
The administrative fees are the contractual responsibility of each awarded vendor.
By submission of the quarterly reports and administrative fee,the vendor is certifying the accuracy of the
reports and deposits.All reports and fee submissions shall be subject to audit by the FSA or their designee.
All participating vendors will be responsible for making sure that FSA has the contact information,including
e-mail address,for the person responsible for quarterly reports.There will be no reminders for the quarterly
reports or the administrative fee.
Checks for the administrative fee can be sent to:
Florida Sheriffs Association
Cooperative Purchasing Program
2617 Mahan Drive
Tallahassee, FL 32308
3.28 LIQUIDATED DAMAGES
The vendor warrants that the product supplied to the FSA or purchaser shall conform in all respects to the
standards set forth and the failure to comply with this condition will be considered as a breach of contract.
Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall
be borne solely by the vendor responsible for same.
Failure to submit the administrative fee with accompanying quarterly reports must be received by FSA
within 15 calendar days following the end of each quarter will result in the imposition of liquidated
damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated
damages in the amount of$25 for each calendar day that fees and reports are past due, beginning on the
16th day following the end of the quarter.
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in
this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys' fees and
costs incurred in the litigation. Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for
Leon County, Florida.
When quarterly reports are late, liquidated damages are to be included in vendor's Quarterly Report and
administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result
in FSA, at it's sole discretion, implementing contract compliance actions, including but not limited to,
suspension, limited participation by specifications or zones, disqualification from future solicitations, or
termination for cause pursuant to Section 1.45.
Schedule of Liquidated Damages
Failure to submit quarterly report and/or $25 per calendar day
administrative fee on time
Failure to report a Purchase Order to FSA within the $100 per Purchase Order
15 calendar days of the purchase order date
Failure to Report Sales .0075 of the sales price plus 1.5% each month
following the delivery date.
Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule
will damage the FSA, but by their nature such damages are difficult to ascertain. Accordingly, the above
specified schedule of liquidated damages shall apply to this contract. Vendor agrees and acknowledges
that these liquidated damages are not intended to be and do not constitute a penalty, but are instead
intended solely to compensate the FSA for damages, and that these amounts are reasonably calculated to
compensate the FSA for the damages that it will incur as a result of the vendor's failure to take the specified
actions.
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix A
FLORIDA
Florida Sheriffs Association Cooperative Purchasing Program
aa• .
Vendor Change Document
Please complete this form to validate a requested change to Company Addresses,Contacts or Contact Information below.
Include off sections where information has changed,old and new.
FSA Contract Number(s)affected by change:
Company Information Changes:
Old Information New Information
Old Company Name: New Company Name:
Old Company Address: New Corn pany Address:
Old Company City: New Company City:
Old Company State: New Company State:
Old Company Zip: New Company Zip:
Company Contact Changes:
Old Contact Information New Contact Information
Old Contact Name(First,Last): New Contact Name(First,Last):
Old Contact E-Mail: New Contact E-Mail:
Old Contact Office Phone: New Contact Office Phone:
Old Contact Mobile Phone: New Contact Mobile Phone:
Old Contact Fax Phone: New Contact Fax Phone:
This information is requested by an authorized representative of _
This request will take effect as soon as it is received by FSA by e-mailing to cpp(.flsheriffs.cre.
Name of Authorized Company Representative
Jab Title Date of Request
Authorized Company Representative Signature:
FSA Office Use:
Date Received: Change Effective: FSA Agent:
Page 48
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix B
FSA CONTRACT ZONE MAP
WESTERN
��� �a� •rim �m�u x� ��
NORTHERN
au xut u rtnw
WESTERN NORTHERN •"s`
BAY ALAC14UA
CALHOUNL BAKER
DDQE BRADFORD
ESCAMEIA CLAY "
FRANKLIN COLUMBIA
GADSDEN DUVAL �
GULF FLAGLER
HOL.MES GILCHRIST
JACKSON HAMILTON CENTRAL 'mow
JEFFERSON LEMS'
LAFAYETTE MARION
LEON NASSAU
LIBERTY
PUTNAhi
MADISON ST.JOHNS
OKALOOSA SLTWAMEE
SANTA ROSA UNION
TAYLOR VOLUSIA
WALTON
WAKULLA
WASHINGTON
CENTRAL SOUTHERN
BREVARD SROWARD � •
CITRUS CHARLOTTE SOUTHERN
DESOTO COLLIER
HARDEE GLADES
14ERNANDO HENDRY
HIGHLANDS LEE.
HILLSBOROUGH MARTIN
INDIAN RIVER.
LAKE MIAMI-DADE �o
MANATEE MONROE .+°" �O
OKEECHOBEE PALM BEACH c C11
ORANGE
OSCEOLA
PASCO
PINELLAS
POLK
ST.LUCIE
SARASOTA
SEMINOL.E
SUMTER
YA D-2613
Page 49
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix C
Folel!n CONFIRMATION OF ORDER FORM
nniFrs asso�innox
Police Rated,Administrative, Utility Vehicles Trucks and Vans
p / Bid#FSAXX-XXXX
Vendors are to complete and return this confirmation of order form by email,fax or mail to the agency
location listed belowwithin fourteen(14)calendar days after receipt of purchase order.
Vendor:
Vendor:
Address:
City: State: Zip:
Contact Person:
Phone Number:
Fax:
Specification No. Type Vehicle/Equipment:
Purchase Order Number: Purchase Order Received:
Order Was Placed With the Manufacturer on:
Under Production Number:
Estimated Date of Delivery:
Comments:
PURCHASER:
Contact Person:
Address:City:
Phone Number: State: Zip:
E-mail: Fax:
Page 50
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FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix D
Sales
Type Vendar Name Here
FSA Contract N u m Ger a n N am e
Effective Data of th a Contract:Contract Effective Cates
Cu rrent Qu arter Being Reported:10/3 f 20 to 12j 31 2.=
N—of Purdsasr%Agency PO Date PO# SF— Make Mudd qty. Total PO Estimated Admin Fee Based
Amount DellYery Date vn Pb
Grand Tota Ls Li n ked to the Bottom Row $ $
5 5
5 S
-
5 S
5 S
-
$ $
5 S
5 S
-
5 S
5 S
5 S
5 S
$ $
5 S
-
5 S
5 S
5 5
-
5
Deliveries
Type Vendor Mame Here
m_nnx quarter Being Reported IrJ1(2B.[o l2falf20
Nmemapu.cna n6 mew po mae pqY sµcY M... qp.ae1i.aca T
ng rireeetl mre on ]4us quarterlyR�v[� miu teamou rean Nmesfdi���
$ $ d $ $ a
5 3 5
5 5 5 5
5 $ 5 $
5 5 5 S
5 S 5 S
5 5 5 5
S 5 S 5
5 5 S S
5 5 S 5
5 5 5 5
5 5 S S
5 5 S 5
5 5 S S
5 5 5 5
5 5 S 5
5 5 S 5
5 5 5 S
5 5 S 5
5 5 S i
5 5 S 5
5 5 5 S
5 5 5 5
5 5 S S
5 S S S
S 5 S 5
5 5 S S
5 5 S 5
5 5 5 5
5 5 5 5
S S S S
Page rJ 1
84
FLORIDA SHERIFFS ASSOCIATION
Cooperative Purchasing Program
Contract Terms and Conditions
Appendix E
FLORIDA Bid Calendar
sHFRiFFS as DUATIox
FSA20-VEL28.0 Pursuit,Administrative and Other Vehicles
FSA20-VEH18.0 Heavy Trucks
h,
FSA
10-EQU18.0 Equipment
CALENDAR ITEM IF DATE
Bid Announcement 4/22/20 & 5/25/20
Voluntary Workshops For Contracts FSA20-VEL28.0 & 6/10/20
FSA20-VEH18.0 *
Mandatory Pre-Bid Meeting for Contract FSA20-VEL28.0 * 7/8/20
Mandatory Pre-Bid Meeting for Contract FSA20-VEH18.0 * 7/9/20
Request for Clarifications Due 7/30/20
Mandatory Qualifying Documents Submission 8/3/20
FSA Response to Request for Clarifications 8/5/19
Cone of Silence 8/7/20— 10/1/20
Bid System Open 8/7/20
Bid Submissions Due 8/31/20
Public Bid Opening 9/1/20
Fleet Advisory Committee Bid Review 9/1/20—9/4/20
Intent to Award Posted 9/9/20
Final Bid Award 10/1/20
* Details for the Workshop, Mandatory Pre-Bid Meeting, and Public Bid Openings will be posted
on FSA's website, emailed to interested bidders, or can be found in Florida Administrative
Registrar (as appropriate) for the dates published.
* FSA intends to do an in-person Mandatory Pre-Bid meeting. However, the FSA has plans to
conduct the meeting via webinar if conditions do not permit or are not safe for an in-person
meeting. If FSA can conduct the meeting in-person, it will be held at the Falkenburg Road Jail
Assembly Room at the Hillsborough County Sheriff's Office.
For the most up to date information on these events, please refer to
nttps://www.tisneriTts.org/law-enforcement-programs/cooperative-purchasing-program/bid-
announcements.
Page 52
85
Protecting, Leading& Uniting Since 1893
9�E�A FLORIDA SHERIFFS ASSOCIATION
r► f 2617 Mahan Drive,Tallahassee, Florida 32308 ph: (850) 877-2165
wy P.O. Box 12519,Tallahassee, Florida 32317-2519 fax: (850)878-8665
www.flsheriffs.org
91C9You
June 10, 2022
Contract Amendment to Heavy Equipment
FSA20-EQU 18.0
The Terms and Conditions of this Contract allow for modification via addenda as provided for in Section
1.24. FSA is proposing the following modifications: remove Sections 3.04-3.06 and replace with new
language.
Additionally,the FSA is adding language in Section 2.12 to confirm compliance with E-Verify requirements
pursuant to Section 448.095, Florida Statutes. In addition to this contract language, FSA is requesting
vendors to submit the attached digital affidavit acknowledging compliance with the Florida law.
FSA requests vendors submit the digitally signed contract amendment no later than Friday, June 17, at
5:00PM EST. The contract amendment will be effective immediately upon FSA's receipt of these
documents.
To complete contract amendment requirements, click the "Sign the Contract Amendment" tab included
in this email, which allows for electronic signature and attestation of compliance with Florida Statutes
Section 448.095, E-Verify requirements.
86
Section 2.12 is amended to include the following language:
2.12 QUALIFICATION
Prospective bidders are required to complete the qualification forms by the date listed on the Bid
Calendar. A bidder becomes a qualified bidder if they comply with this section and Section 2.10,
Mandatory Pre-Bid Meeting.
Qualification forms include:
• Drug-Free Workplace Form,
• Insurance Checklist,
• Manufacturer Authorization Form for each manufacturer bid for Contract FSA20-VEH18.0
and FSA 20-EQU18.0; Manufacturer Authorization Forms are not required for Contract
FSA20-VEL28.0;
• Emergency Vehicle Technician (EVT) Certification, if bidder is offering emergency lighting
and sirens, and
• Qualified Bidder documentation as required in Section 2.01
• Completion of a digital affidavit confirming compliance with E-Verify requirements
pursuant to Section 448.095, Florida Statutes.
Sections 3.04, Section 3.05 and Section 3.06 are deleted and replaced with the following new language:
3.04 ADDITIONS OR DELETIONS
The FSA reserves the right to add or delete any items from this bid or resulting contract when
deemed to be in the best interest of FSA and the participating purchasers.
FSA reserves the right to remove,discontinue or suspend the sale or offering of any product within
the Invitation to Bid document or existing contract, at its discretion.
This decision to take action may be based upon and not limited to:
• Few or no sales;
• Product recalls and other safety issues;
• Vendor/Manufacturer performance; or
• Lack of relevance of products.
3.05 CONTRACT EXTENSION
Contract Extension
The contract may be extended by mutual agreement, initiated at the discretion of the FSA,for up
to two (2) additional years, on a year-to-year basis.
The vendor may request price adjustments for contract extensions as provided for in the price
adjustment section. If no request is received from the vendor,the FSA will assume that the vendor
has agreed that the optional term may be exercised without pricing adjustment. Any adjustment
request received after the commencement of a new option period may not be considered unless
otherwise provided for in this contract.
87
The FSA reserves the right to in its sole discretion,elect to implement an optional term or to allow
the contract to fully or partially terminate and readvertise for bids, whichever is in the best
interest of the FSA.
Month-to-Month Continuation
In the event that a new contract is not active at the time of this contract's expiration, this
contract's terms and conditions shall extend on a month-to-month basis and shall not constitute
an implied extension of the contract. Such a month-to-month continuation shall be upon the
compensation and payment provided herein.
3.06 PRICE ADJUSTMENTS
This contract provides the following options for price adjustments:
• Annual Price Adjustments
• Changes to Production or Design
• Manufacturer Certified Adjustments
• Surcharges
• Equitable Adjustments
Price adjustment requests must clearly substantiate a need to increase or decrease the price and
must be submitted as a percentage change. If a dollar amount is provided, FSA will calculate to
the nearest percentage, which the vendor accepts is reasonable.
Annual Price Adjustment
The FSA may consider annual or quarterly price adjustments due to:
• Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor,
Bureau of Labor Statistics (BLS); or
• As a result of any changes to national or state standards that require substantial price
adjustments.
Changes resulting from PPI will be verified by the FSA, after the vendor requests a price
adjustment under this provision and identifies the commodity code for each item as designated
by the BLS.
In the event of changes to national or state standards,the vendor must present verifiable changes
from the manufacturer in price to FSA. FSA may consider other documentation related to the
change to national or state standards but is not obligated to grant price changes without literature
from the manufacturer. The FSA will consider the request and will make a final determination on
the change in price.
For any price adjustment to commence annually or on the first day of the contract extension,the
vendor's request for price adjustment should be submitted 60 (sixty) days prior to the annual
execution of the contract or to the expiration of the contract extension.
88
Changes to Production or Design
Significant changes by the manufacturer to the production and specification design may also
initiate a price adjustment request. FSA will consider order dates, production cutoffs, conditions
as provided for in Section 3.08, as well as replacement or complete redesign of items when
considering significant changes to manufacturer production or design.
Manufacturer Certified Adjustments
Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need
for price adjustments.
Surcharges
Surcharges are increased costs that are imposed on awarded vendors for items sold on this
contract. Surcharges can be related to the cost of raw materials, cost of transportation or
shipping, or fees imposed by the governing entities. Since surcharges are imposed on awarded
vendors, in order to request a price change, the vendor must document the origin of the
surcharge.
The vendor must provide manufacturer or supplier certification documentation that identify the
reason or cause for the surcharge to FSA in advance of imposing surcharges to a purchaser.
Surcharge After a Purchaser Order is Issued
When a purchase order has been issued, the vendor may present a surcharge with all required
documentation to the purchaser for consideration. The purchaser may accept or negotiate a
reduction in the surcharge or reject the surcharge at their discretion.
Equitable Adjustments
The FSA may make an equitable adjustment to the contract terms or pricing at its discretion.
89
8/31/22,2:51 PM Award Report
Bid Award
Contract: FSA20-EQU18.0, Heavy Equipment
Group: ROLLER: Small 5,400 LB Double Drum Roller-47"
Item: 343, Caterpillar, CB24B, CB24B
Zone Rank Vendor Price Percent: Build File Options File
Western Primary Ring Power Corporation $61,143.00 0.00% Build Options
Northern Primary Ring Power Corporation $61,143.00 0.00% Build Options
Central Primary Ring Power Corporation $61,143.00 0.00% Build Options
Southern Primary Kelly Tractor Co $52,121.00 0.00% Build Options
https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=97483&in=343 1/90
BID AWARD
CONTRACT
FSA20- EQU18.0
HEAVY EQUIPMENT
Contract Term:
October 1, 2020—September 30, 2023
Cooperative Purchasing Program
Coordinated By
The
Florida Sheriffs Association
Florida Association of Counties
FLORVDA
SH€AIF€5 ASSACIAiIOH
91
Protecting,Leading&Uniting...since 1893
FLORIDA SHERIFFS ASSOCIATION
4
2617 Mahan Drive,Tallahassee,Florida 32308 p:(850)877-2165
P.Q.Box 12519•Tallahassee,Florida 32317-2519 fc(850)878-8665
www.nsheriffs.org a d
Date: October 1, 2020
To: All Perspective Participants
From: Steve Casey, Executive Director
Craig Chown, CPP Manager
Re: Contract Number FSA20-EQU18.0 Heavy Equipment
We are pleased to announce that the Florida Sheriffs Association has successfully completed its 18th
cooperative competitive bid for heavytrucks. This contract is in effect beginning October 1, 2020 through
September 30,2023.
This year's bid a w a rd included 404 specifications and makes and models for heavy trucks.
The competitive process for this award began in April 2020, when stakeholders were surveyed regarding
procurement needs. Specifications were developed based on prior year activity and new additions were added
based on survey results and the Fleet Advisory Committee's review of products.
An advertisement of the Invitation to Bid was placed within the FSA website and Florida Administrative
Weekly on April 22,2020.On June 2,2020, a direct notification was sent to 511 prospective bidders to register
for qualification to participate in the bid process for heavy trucks and heavy equipment. From this ITB, 206
bidders responded to the pre-bid meeting registration or request for qualified waiver for FSA approval. Of
these respondents, 84 submitted b i d s a n d 79 qualified, responsive bidders were awarded after a review by
the FSA and the FSA Fleet Advisory Committee.
The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and
Conditions to procure this contract.
Contract prices are extended and guaranteed to any local government or political subdivision of the
state, public educational institutions, other public agencies or authorities with the State of Florida, and
other entities approved by the manufacturer to participate in this contract.
Out of state sales are permitted under this contract. All purchasers are bound by their local governing
purchasing ordinances, rules and regulations. All awarded vendors are governed by their manufacturer
agreements and the Contract Terms and Conditions.
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List of Awarded Vendors in Alphabetical Order for FSA20-VEH18.0 Heavy Equipment:
1. ACF Standby Systems, LLC
2. AG-PRO LLC
3. ALAMO GROUP (TX) INC
4. Aljon By C&C Manufacturing
5. Alta Construction Equip. Florida, LLC
6. Ameri-Recreational Sports, LLC
7. Applied Concepts, Inc.
8. ARI Phoenix, Inc.
9. ATMAX Equipment Co
10. Bandit Industries
11. BBA PUMPS
12. Beck Chrysler Dodge Jeep
13. Bush Hog, Inc
14. CDPW, Inc.
15. Certified Lift Installation & Maint. Corp
16. CLARK EQUIPMENT COMPANY
17. Club Car LLC
18. Container Systems & Equip. Co., Inc.
19. Cowin Equipment Company
20. Crimson Technology Products, LLC
21. Deland Truck Center, Inc.
22. Dobbs Equipment, LLC
23. Doosan Infracore North America LLC
24. Embankscape Equipment LLC
25. Energreen America Inc
26. Environmental Products Group, Inc.
27. Envision Solar International Inc.
28. Everglades Equipment Group
29. Federal Contracts Corp
30. Florida Coast Equipment, Inc.
31. Futch's Tractor Depot, inc
32. GapVax, Inc.
33. Genset Services, Inc.
34. Glade & Grove Supply Co LLC
35. Great Southern Equipment Co.
36. Green Thumb Palm Beach
37. Holland Pump Company
38. Humdinger Equipment, Ltd.
39. Jeffrey-Allen Inc.
40. JOBBERS EQUIPMENT WAREHOUSE INC
41. K&K Systems, Inc.
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