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HomeMy WebLinkAbout04-11-2018 CC AgendaMOF SEBASTIAN, HOME Of PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 11, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION - Swami Anjani Cirillo, Interfaith 3. PLEDGE OF ALLEGIANCE - Led by Council Member lovino 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 18.051 A. Proclamation - National Volunteer Week - April 15 - 21, 2018 18.052 B. Proclamation - Guardian Ad Litem Month - Gary Bokas, Supervising Attorney, 19th Judicial Circuit Court 18.053 C. Proclamation - Child Abuse Prevention Month - Angel Robertson, Castle Parenting Solutions Community Relations Specialist Brief Announcements 4/13/18 - Chamber Concert in Riverview Park- Ladies of Soul & LOS Band - 5:30- 8:09 pm 4/21/18 — Natural Resources Board Earth Day & Arbor Day Celebration — Riverview Park — 9 am — 4:00 pm 4/21/18 — Shredding & Electronics Recycling Event — Riverview Park (behind Speedway) 9 am to noon and the Community Cleanup for Household Furnishings and Whitegoods — Barber Street Sports Complex 9 am - noon 4/28/18 — Waste Tire Amnesty Day — IRC Landfills — 9 am to 3 pm — no commercial tires please 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 5-13 A. Approval of Minutes - March 28, 2018 Regular City Council Meeting 18.054 B. Approve Purchase of Two Cisco Catalyst Switches from Veytec in the Amount of pgs 14-15 $22,359.58 (Transmittal, Quote) 1 of 114 18.055 C. Authorize the Purchase of Three 2018 Ford Explorer Detective Vehicles from Bartow pgs 16-38 Ford Under the Charlotte County Bid #2015000418 in the Amount of $92,928.29 (Transmittal, Quote, Bid) 18.056 D. Authorize the Purchase of Two 2018 Ford Explorer Patrol Vehicles from Bartow Ford pgs 39-62 Under the Charlotte County Bid #2015000418 in the Amount of $81,044.18 (Transmittal, Quote, Bid) 18.057 E. Approve the Purchase of One 2018 Chevy Tahoe 2WD K9 Vehicle from Alan Jay pgs 63-69 Fleet Sales Under the National Joint Powers Alliance Bid #2018 -120716 -NAF in the Amount of $48,514.35 (Transmittal, Quote, Contract) 18.058 F. Approve Alcoholic Beverages at Yacht Club for Feathers Event on April 29, 2018 pgs 70-72 from 1:00 pm to 6:00 pm - DOB Verified (Transmittal, Application, Receipt) 18.059 G. Approve Alcoholic Beverages at Community Center for Burton Event on May 19, pgs 73-75 2018 from 4:00 pm to 8:00 pm - DOB Verified (Transmittal, Application, Receipt) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 18.009 A. Approve City Manager Contract If Document Available (Transmittal) pg 76 18.060 B. Approve Agreement with FPL to Construct, Manage, and Maintain a Solar Canopy at pgs 77-194 the Splash Pad and Authorize City Manager to Execute Appropriate Documents (Transmittal, 2017 Presentation, Agreement) 11. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Kinchen B. Council Member Dodd C. Council Member lovino D. Council Member McPartlan E. Mayor Hill 17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. 2 of 114 All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS 1N ADVANCE OF THIS MEETING. Future Council Meetina Dates: April 25, 2018 Regular City Council Meeting — 6:00 p.m. May 9, 2018 Public Hearing — Special Meeting — 5:00 p.m. May 9, 2018 Regular City Council Meeting — 6:00 p.m. May 23, 2018 Regular City Council Meeting — 6:00 p.m. June 13, 2018 Regular City Council Meeting — 6:00 p.m. June 27, 2018 Regular City Council Meeting — 6:00 p.m. 3 of 114 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetings Public input is ALLOWED under the headinas: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOTALLOWED under the headinas: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Aqenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4of114 CITY OF SEBAST-" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, MARCH 28, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Boy Scout Troop #505, Sebastian, led the Pledge of Allegiance. 4. Roll Call Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Albert lovino Council Member Bob McPartlan Members Absent Council Member Ed Dodd Citv Staff Present City Manager Joe Griffin City Attorney James Stokes City Clerk Jeanette Williams Community Development Director Lisa Frazier Building Official Wayne Eseltine Stormwater Utility Director Tim Walker Airport Director Scott Baker Administrative Services Director Ken Killgore Procurement Manager Randy Moyer Police Chief Michelle Morris Deputy Police Chief Greg Witt 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 18.041 A. Presentation by Judv Burgarella, Sebastian River Art Club Judy Burgarella and Vicky Lada presented $500 check in appreciation for use of building that enables them to share their art and talents. 5 of 114 Regular City Council & CRA Meeting March 28, 2018 Page Two 18.042 B. Proclamation - Red Cross Month — March 2018 — Accepted by Ben Trautman, Communitv Volunteer Leader, American Red Cross Red Cross Mayor Hill read and presented the proclamation to Sarah Ruwe, Executive Director for the Heartland Chapter of American Red Cross. 18.043 C. Proclamation — Water Conservation Month - April 2018 — Accepted by Abbv Johnson, Intergovernmental Coordinator, St. Johns River Water Manaaement District Mayor Hill read and presented the proclamation to Abby Johnson, SJRWMD, Intergovernmental Coordinator. 18.044 D. Proclamation — National Public Safetv Telecommunicators' Week - April 8-14, 2018 — Accepted by a Citv of Sebastian 911 Operator Mayor Hill read and presented the proclamation to Sebastian Dispatchers, Naomi Charles and Alison Lesak. 18.045 E. Presentation of Fiscal Year 2017 Comprehensive Annual Financial Report (CAFR and Annual Citv Audit by City Auditor, Rehmann Robson (Transmittal, Report, Letter) Ross Cotherman, Rehmann, Robson, LLC, said given recent events within the County, he highlighted how fraud occurs, why it occurs and how to prevent it. He said fraud occurs when there is pressure, opportunity, and rationalization noting the City can only control the opportunity factor. During the audit process, he and his staff have always found the City responsive to their inquiries; and the strong internal controls will prevent the fraud opportunity as much as possible. Mr. Cotherman said the CAFR is not required but the City chooses to comply with the detailed report. He briefly highlighted different sections of the report. Brief Announcements March 31 - Easter Egg Hunt — Riverview Park — 10 am to Noon April 7 — Sebastian Craft Club Show — Riverview Park — 10 am to 3 pm Vice Mayor Kinchen announced the upcoming events 7. Recess Citv Council Meeting and Convene as Communitv Redevelopment Aaencv A. Chairman Hill called the CRA meeting to order at 6:24 p.m. All members were present. B. MOTION by Mr. McPartlan and SECOND by Vice Chairwoman Kinchen to approve the March 14, 2018 CRA meeting minutes passed with a voice vote of 4-0. 18.046 C. Fiscal Year 2017 CRA Annual Report in Accordance with F.S.163.356(3)(c) Accept and Forward to Citv Council (Transmittal, Report) The Community Development Director stated the report is a compilation of what has happened last year and this year. She recommended approval. 6 of 11i Regular City Council & CRA Meeting March 28, 2018 Page Three MOTION by Mr. McPartlan and SECOND by Vice Chairwoman Kinchen to approve the FY2017 CRA Annual Report. ROLL CALL: Vice Chairwoman Kinchen — Aye Mr. Dodd — Absent Mr. lovino —Aye Mr. McPartlan — Aye Chairman Hill — Aye Motion carried 4-0. 18.016 D. Award Work Authorization #1 Under the Continuing Services Agreement with Redevelopment Management Associates (RMA) in Amount of $46,000 for the CRA Master Plan Update (Transmittal, WA#1, Scope) The Community Development Director stated the contract was to update the CRA master plan and recommended approval. MOTION by Vice Chairwoman Kinchen and SECOND by Mr. lovino to approve Work Authorization #1 with Redevelopment Management Associates. ROLL CALL: Mr. Dodd — Absent Mr. lovino —Aye Mr. McPartlan — Aye Chairman Hill — Aye Vice Chairwoman Kinchen — Aye Motion carried 4-0. 18.021 E. Consider, Discuss, and Direct Staff on Property Possibilities for 1215 Indian River Drive (Transmittal) The City Manager stated he closed on the property and requested discussion on the possibilities of the property. He recommended joining the east side of the property with the north side with a unity of title. He advised the demolition of the building would be about $16,000 along with $10,000 for the asbestos removal. Mayor Hill said he would like to secure the east side, demolish the building and receive public input on what to do with property. Vice Mayor Kinchen agreed with securing the east side but would like to put the building up for sale to see what happens. It was the consensus of Council to hold off on demolishing the building and to receive public input through a workshop as to what should be done with the property. The Community Development Director suggested using the property as a catalyst for the CRA master plan workshop. Mayor Hill asked staff to keep the building secure and not an eyesore along the riverfront. MOTION by Mr. lovino and SECOND by Mr. McPartlan to authorize the City Manager to disperse of the contents of the building and unite the two properties. 7 of 11 Regular City Council & CRA Meeting March 28, 2018 Page Four 6:48 pm Bob Greason, owner of adjacent property described an artesian well agreement that he shared with the property owner. He stated he no longer needed the well water and asked for permission to cap the well but understands the City would like to use the water for the building demolition. He noted that he is in St. Johns River Water Management District que to cap the well but the City's demolition effort would delay the cap. He requested that the City release the easement agreement to cap the well. The City Manager said if needed staff would use water from the fire hydrant for the demolition and offered to work with Mr. Greason to release the easement. Damien Gilliams, 1623 US 1, said the contents should be declared surplus and the building demolished to make more parking for the boat ramp. He said the City should buy up everything available on Indian River Drive for the festivals and parking. Ben Hocker, Sebastian, said the City should keep the property and leave it as a pocket park. Robert Nilsson asked to speak on the sewer system but it wasn't the appropriate spot on the agenda. Mayor Hill recapped the motion included receiving public input through CRA master plan revision process, provide for the unity of title and surplusing the building's contents. ROLL CALL: Mr. lovino — Aye Mr. McPartlan — Aye Chairman Hill — Aye Vice Chairwoman Kinchen — Aye Mr. Dodd — Absent Motion carried 4-0. 8. Adiourn Communitv Redevelopment Aaencv Meeting and Reconvene as Citv Council Chairman Hill adjourned the CRA meeting at 6:56 p.m. and all members were present. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — March 14, 2018 Regular City Council Meeting 18.045 B. Authorize the City Manager to Execute an Extension Agreement with Rehmann Robson, LLC to Provide Comprehensive Annual Financial Reports and Single Audits for Two Additional Years (Transmittal, Letter, FS218.391) 18.046 C. Accept Community Redevelopment Agency (CRA) Annual Report of Activities for FY2017 as Required by FS and Announce Availability of Document to Public (Transmittal, Report) 18.047 D. Authorize Mayor to Sign and Deliver Letters to Federal Legislators Regarding Sober Homes (Transmittal, Letters) 8 of 114 Regular City Council & CRA Meeting March 28, 2018 Page Five 18.024 E. Resolution No. R-18-07 — Florida Inland Navigation District (FIND) Waterways Assistance Program Grant Request for Shoreline Improvements at the Working Waterfront (Transmittal, R-18-05, R-18-07) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY, SUPPORTING THE CITY'S FIND GRANT APPLICATION SEEKING FUNDS TO MAKE IMPROVEMENTS TO THE WORKING WATERFRONT SHORELINE AND PARKING LOCATED AT FISHERMAN'S LANDING SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Council Member McPartlan and SECOND by Mayor Hill to approve items A, C, D, and E of the consent agenda. ROLL CALL: Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Absent Council Member lovino — Aye Motion carried 4-0. Item #B Mayor Kinchen noted that the extension for Rehmann Robson, LLC will put them in their seventh year and asked that staff go out to bid once the extension is completed. ROLL CALL: Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Absent Council Member lovino — Aye Council Member McPartlan — Aye Motion carried 4-0. 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Vice Mayor Kinchen reported the School Board asked the Economic Development Committee members to write letters of support to the Governor for Phase II of their Technical Adult Education Center that they are in the process of remodeling and moving. It was the consensus of Council to have the City Manager write a letter on behalf of Council. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 18.010 A. Award Agreement to ADS Securitv in the Amount of $76,628 for the Purchase and Installation of Securitv Cameras and Video Monitoring/Recording Eauioment at the Sebastian Municipal Airport (Transmittal, R-18-01, Agreement, Bid Tab) The Airport Director reported the existing camera system is outdated and problematic; he has received a grant from the Florida Department of Transportation and requested approval. MOTION by Council Member lovino and SECOND by Vice Mayor Kinchen to approve the purchase of a security system for the Airport. 9 of 111 Regular City Council & CRA Meeting March 28, 2018 Page Six ROLL CALL: Vice Mayor Kinchen — Aye Council Member Dodd — Absent Council Member lovino — Aye Council Member McPartlan — Aye Mayor Hill — Aye Motion carried 4-0. 18.048 B. Set Date for Public Hearina — Stormwater Utilitv Fee (Transmittal, Assessment, Map) 7:15 pm The City Manager acknowledged there are some stiff stormwater liabilities coming up and cited the requirements he outlined in his transmittal on page 151 of the agenda packet which comes up to $19M. He said the stormwater fee provides $1.1 M a year which doesn't cover everything that should be done. To help the next City Manager address the issues, he proposed to double the stormwater fee. He asked for Council approval to begin the public hearing adoption process for the 9th of May. Mayor Hill said they haven't discussed and determined if the City should replace the Elkcam seawall; he asked if the private communities would have to double pay for the stormwater treatment. He said there are problems that should be tasked to the new City Manager and he is concerned that they don't know what they are doing but yet this will double the assessment. Vice Mayor Kinchen said the private subdivisions will receive credits for maintaining their stormwater and the listed projects have been in existence during her 30 year employment with the City. Council McPartlan said he would like to move ahead with the public hearing. MOTION by Council Member McPartlan and SECOND by Vice Mayor Kinchen to move forward with a public hearing to double the stormwater fee. Council Member lovino said he was concerned with the ad valorem impact that the upcoming increased homestead exemption and additional school resource officers will have; he was not opposed to hearing from the public but wasn't sure he was for the increase. Damien Gilliams thanked the City Manager for taking a leadership role to fix the stormwater problems; commended Vice Mayor Kinchen and Council Member McPartlan for their motion. He noted the canals affect drainage for everybody; it will cost more to redo the roads; if they do this, they will be commended 20 years from now if there is a big storm. Ben Hocker, Sebastian, asked where was SJRWMD's contribution. The City Manager responded the City would be eligible for SJRWMD grants and envisioned the seawall to be phased over the next ten years. ROLL CALL: Council Member Dodd — Absent Council Member lovino — Aye Council Member McPartlan — Aye Mayor Hill — Nay Vice Mayor Kinchen — Aye Motion carried 3-1. 10 of 11� Regular City Council & CRA Meeting March 28, 2018 Page Seven 13. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Robert Nilsson said he understood there was $15,000 grant available to offset the homeowner's cost of removing a septic tank and hook up to the County's sewer line. If he had removed his tank prior to the County's installation, he would have been reimbursed for a pump station. He said it would be more of an incentive if the grant money could offset the assessment as well. He would like to see the grant money limited to those east of U.S. 1 and make the money available until it runs out. The City Manager said the money is to take a septic system out of service and about a year ago, the Community Redevelopment Agency did not want to use the grant money for the assessment but only the lead/connect portion. Mayor Hill noted the County is imposing the assessment and it is pro -rated over the monthly bills. He suggested Mr. Nilsson to apply for the grant to see if he is eligible. Damien Gilliams commended the City Manager for taking on the fire inspection services. He cited an email the he received from the County Community Development Director, Stan Boling, regarding the number of homes that could be planned for the Spirit of Sebastian subdivision if it stayed within the County. Ben Hocker, Sebastian, asked when the resurfacing of Indian River Drive is scheduled. Mayor Hill asked him to call staff. The City Manager advised that engineering is underway, there are some drainage issues to address and he has asked that the project start July 5th 14. NEW BUSINESS 18.049 A. Authorize the Citv Manaaer to Execute a Lease Addendum with National Aperture Allowina an Extension of Their Oriainal Airport Lease Terms on a Month -to -Month Basis (Transmittal, Lease, Addendum) The City Manager said the owner of National Aperture has given the City notice that they would like to lease the Airport's property month to month until they build their new facility. He noted the vibration they are experiencing from Flight Safety's touch and go is interfering with their manufacturing capabilities. He advised that because Flight Safety pays federal excise tax, they are entitled to access to the Airport and although the City has voluntary procedures for the runways, they won't comply. MOTION by Council Member McPartlan and SECOND by Council Member lovino to authorize the City Manager to execute a lease addendum with National Aperture. Robert Nilsson mentioned that Flight Safety flies over his home constantly. Regular City Council & CRA Meeting March 28, 2018 Page Eight Ben Hocker said in New York, the commercial airlines had restrictions after 10 o' clock at night. ROLL CALL: Council Member lovino — Aye Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Absent Motion carried 4-0. 18.050 B. Direct Process for Selection of Grand Marshall of the 4th of July Parade (Transmittal, Order, Committee) The City Manager said the Lions Club has requested to get out of parade business but would still like to do the festival. He suggested that Council may want to pick the grand marshal and designate a parade czar to organize the beginning of the parade. Mayor Hill asked if there were any boards to make these decisions as opposed to City Council; or if the Lions Club was willing to continue organizing the order of the parade. The City Manager suggested the new City Manager could name the grand marshal without fear of retribution. Mayor Hill said he would like to see the engagement of civic organizations. MOTION by Mayor Hill and SECOND by Council Member McPartlan to direct staff to set up a committee of staff members and members of willing civic organizations to take over the parade with a parade patriot to organize the order. ROLL CALL: Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Council Member Dodd — Absent Council Member lovino — Aye Motion carried 4-0. 15. CITY ATTORNEY MATTERS The City Attorney reminded Council that during the upcoming City Manager selection, they should be attentive to their conversations since they will all be together. He offered to be available for any questions. 16. CITY MANAGER MATTERS The City Manager said Florida Power and Light would like to convert the City's street lights to LED lights. This would provide for City-wide standardization, reduction in cost, and notice when a street light goes out. He said it will take a year to convert all of the lights. He report the Exchange Club has donated a Freedom Shrine to the City which is on display in the downstairs hallway and he will schedule a dedication at the next Council meeting. He also advised there will be delays on Interstate 95 as FDOT installs the pedestrian crosswalk on April 3 and 4. 12 of 11� Regular City Council & CRA Meeting March 28, 2018 Page Nine He announced the Public Workshop to recruit and select a new City Manager would be held next week on April the 4t" at 1:30 p.m. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Mavor Hill Mayor Hill requested a floating dock be reinstalled at the boat ramp. The City Manager said he would look into purchasing a new one. In regard to replacing the fish cleaning station at the Main Street boat ramp, the City Manager advised that one of agencies did not allow it in the rebuilt but he would look into that as well. B. Vice Mavor Kinchen The City Manager announced the City Manager Candidate reception would be at 5:00 p.m. Tuesday at Capt. Hiram's and the private interviews would begin 8:30 a.m. Wednesday. C. Council Member Dodd - Absent D. Council Member lovino Council Member lovino requested an agenda for the City Manager selection events. E. Council Member McPartlan Council Member McPartlan asked the City Manager to expand on the oversights that he has put in place to make sure fraud would not happen within the City. The City Manager explained there are a couple different hurdles that people have to go through before a check is cut for any good or service. He has also hired a purchasing manager to provide another set of eyes and he hoped that he put enough controls in place to combat any fraud. The City Clerk reported that the plans to widen a segment of CR510 from Sebastian Blvd. to 58th Avenue from the Florida Dept. of Transportation are available for public review in the City Clerk's office. 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 8:06 p.m. 13 of 11� LM a SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 11 April 2018 AGENDA ITEM TITLE: Purchase Cisco Switches RECOMMENDATION: Approve purchase of two (2) Cisco Catalyst Switches from Veytec for $22,359.58 BACKGROUND: The City of Sebastian MIS Division is scheduling replacement of two (2) existing HP 2920 switches with two (2) Cisco Catalyst 9300 switches. This purchase is covered under Florida Department of Management Service contract: NVP AR223. The new hardware will be used to provide the additional network security that is required for FDLE compliance. The hardware will also add additional bandwidth to provide the ability to add a layer of redundancy for disaster recovery. If AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $ 22,359.58 Amount Budgeted in Current FY: $75,650 Fund to Be Utilized for Appropriation: Discretionary Sales Tax Administrative Services Dep artment/CFO Review: ATTACHMENTS: City Manager Authorization Date: 5 April 2018 Veytec Quote 14 of 114 VEYTEC, INC V�7., 2418 SILVER STAR RD ORLANDO, FL 32804 Phone: 407-849-6391 - Fax: 407-849-0461 VE,-Y,TEC Sold To: Ship To: City of Sebastian City of Sebastian Barbara Brooke -Reese Barbara Brooke -Reese 1225 Main Street 1225 Main Street Sebastian, FL 32958 Sebastian, FL 32958 STA7ECOVFR4CT#NVP#ARa33 (1419) Participating Addendum for FL#-VlgCA-14-ACS Qty 2 2 2 2 2 2 2 4 2 2 2 2 4 Mfg Part Num C9300 -48P -A CON-SNTP-C93004PA C9300 -NW -A-48 S9300UK9-166 PWR-C1-715WAC PWR-C1-715WAC/2 C9300 -NM -BX CAB -TA -NA C9300 -STACK -NONE C9300-5PWR-NONE C9300 -DNA -A-48 C9300 -DNA -A -48-3Y SFP-lOG-5R-S-RF Quote valid for 30 days Terms NET30 Description Catalyst 9300 48 -port POE+, Network Advantage SNTC-24X7X4 Catalyst 9300 48 -port POE+, Network Adva C9300 Network Advantage, 48 -port license CAT9300 Universal image 715W AC Config 1 Power Supply 715W AC Config i Secondary Power Supply Catalyst 9300 8 x 10GE Network Module North America AC Type A Power Cable No Stack Carle Selected No Stack Power Cable Selected C9300 DNA Advantage, 48 -Port Term Licenses C9300 DNA Advantage, 48 -Port, 3 Year Term License 10GBASE-SR SFP Module, Enterprise -Class REMANUFACTURED QUOTATION Date Quote # 1 03126/18 AAAQ9335 Account Manager NICHOLAS RONEY Disc Price Ext Price $5,504.20 $11,008.40 $832.59 $1,665.18 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $725.00 $1,450.00 $1,479.00 $2,958.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,186.60 $4,373.20 $226.20 $904.80 Grand Total $22,359.58 Page 1 15 of 114 COF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 11 April 2018 A;-7enda Item Title: Ford Explorer Detective Units Recommendation: Purchase three (3) 2018 Ford Explorer detective vehicles from Bartow Ford Company under the Charlotte County Purchasing Division Bid # 2015000418 Backuround: This requested purchase represents the replacement of three (3) detective units that have reached the end of their service life. The balance of budgeted funds will be utilized to obtain additional required equipment for Police vehicles: radio, stingers and AED's. This proposed purchase is under the `piggyback' provisions as provided for in City Purchasing Policy. If Agenda Item Requires Expenditure of Funds: Total Cost: $92,928.29 Amount Budgeted in Current FY: $350,000.00 (all police vehicles) Fund to Be Utilized for Appropriation: 310151-606400 j0 (Police Vehicles annd� Equipment) Administrative Services Department/CFO Review:' Attachments: 1. Vendor Quote 2. Charlotte County Bid Award 201500418 City Manager Authorization: Date: 5 April 2018 16 of 114 March 16, 2018 City of Sebastian T. Alan Clarke K7B 2018 Ford Explorer 4x2 998 3.51- V-6 Engine 443 6 Speed Automatic Transmission 1100A Equipment Package 1&XNFOPZ I NTEGR1 TY-TRUST•II[1V F -STI SAVeT 1"I Factory Invoice $31,914.26 Government Price Concession @ Price Level 815 $4,200.00 3.05% Contract Discount $973.38 Whelen Red/Blue Inneredge Lightbar with LED Take Down, (2) Whelen Split Red/Blue Flat ION's Mounted in Lower Grill Area, (2) Whelen Split Red/Blue IONs Mounted in Grill Area, (2) Whelen Split Red/Blue IONS Mounted in Rear 1/4 Glass, Whelen Red/Blue Dominator 8 Head Light Stick with Traffic Advisor Mounted in Rear Glass, (2) Whelen Vertex Clear Mounted in Rear Taillights, $3,987.00 100 Watt Speaker, Whelen HHS2200 Hand Held Siren Controller, Delivery to your location, Install Customer Supplied 800 MHz Radio, Antenna & Speaker Yellow CITY Tag $119,55 Window Tint $129.00 Pricing in accordance with the Charlotte County contract # 2015000418 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax(863)533-8485 2800 US Hwy North Bartow, Florida 33830 17 of 114 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948.1094 Phone 941.743.1378 Fax 941.743.1384 NOTICE OF AVAILABILITY OF BID SPECIFICATIONS REQUEST FOR BIDS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed bids at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for: BID NO. 2015000418 VEHICLES — ANNUAL CONTRACT It is the intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. PRE-BID CONFERENCE: 10:00 a.m., OCTOBER 2, 2015 PURCHASING DIVISION CONFERENCE ROOM BID OPENING: 2:00 P.m., OCTOBER 14, 2015 PURCHASING DIVISION CONFERENCE ROOM Bid Documents may be obtained by accessing the Charlotte County Purchasing Division's website at www.charlottecountvfl.com/r)urchasinq under "Purchasing Bids Online", document number 154182. Any questions can be answered by contacting Alisa L. True, CPPB, Contract Specialist at 941.743.1549 or email: alisa.true(cD.charlottecountvfl.00v. Notice of Availability www.charlottecountvfl.corn Posted: September 24, 2015 1 t% 02145000418 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 ADDENDA NOTIFICATION FORM BID NO. 2015000418 VEHICLES — ANNUAL CONTRACT The County will attempt to notify all prospective bidders of addenda issued to the bid documents. However, it shall be the responsibility of the bidder, prior to submitting their bid, to contact the Purchasing Division to determine if addenda were issued, acknowledging and incorporating it into their bid. If you would like to request notification of any addenda that may be issued regarding this project, please complete the form below and return via fax to 941.743.1384, attention Alisa L. True, CPPB, Contract Specialist, or email: alisa.true(c)charlottecountvfl oov . By completing and returning this form, you are requesting notification of addenda that may be issued regarding this specific project only. COMPANY NAME: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: 2 1€11 Q6.12M5000418 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fa -X941.743.1384 STATEMENT OF NO BID If you do not intend to bid on this commoditylservice, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Charlotte County Vendors' list for this commodity/service. We the undersigned, have declined to bid on requested commodity/service Bid #2015000418, Vehicles — Annual Contract, for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bond/insurance requirements. Unable to meet specifications. Specifications are unclear (explain below). Remove us from your vendors' list for this commoditylservice. Other (specify below). Remarks: Company Name: Contact Person (typed or printed): Contact Person Signature: Phone: E -Mail Address: Fax: Note: Statement of No Bid may be emailed to al sa true chariottecount fl. ov or faxed in to the Purchasing Division at 941.743.1384. 3 :9Qi UW21A5oo 0418 TABLE OF CONTENTS VEHICLES -- ANNUAL CONTRACT B[® NO. 2015000418 Notice of Availability 1 Addenda Notification Form 2 "No Bid" Response Page 3 Table of Contents 4 INSTRUCTIONS TO BIDDERS 5-9 TECHNICAL SPECIFICATIONS & CONDITIONS 10-12 BID FORM 13-17 4 ZJd(N21A5000418 INSTRUCTIONS TO BIDDERS VEHICLES —ANNUAL CONTRACT BID NO. 2015000418 I13-01 QUALIFICATIONS OF BIDDERS: It is the intent of the County to award this contract to the lowest responsible bidder, qualified by experience and solvency, with proven reliability and the ability to supply all items within a reasonable time frame acceptable to Charlotte County. Bidder may be required to supply information in writing at the request and discretion of the County prior to award of bids, in order to verify above requirements. IB -02 GENDER DESIGNATION: The County and the Contractor are treated throughout these Documents as if each were of the singular number and masculine gender. IB -03 EXAMINATION OF DOCUMENTS: A. Prior to the submission of a bid form, bidders shall carefully examine the bid package including the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Insurance Requirements, and all other related bid documents, including all modifications thereof, incorporated in the bid package. B. Discrepancies, omissions, or questions about the intent of the documents should be submitted to the Purchasing Division in written form as a request for interpretation no later than five (5) days prior to bid opening (or shall be verbally addressed at the pre-bid conference, if applicable). C. Interpretations of any of the bid documents made will be in the form of a written addendum to the documents, which will be posted on the purchasing website. Receipt of any addenda by each bidder must be acknowledged on the bid form, indicating the addendum number and date of issue, therein becoming a part of the contract. No oral explanations shall be binding. The County will attempt to notify all prospective bidders of addenda issued to the bidding documents; however, it shall be the responsibility of the bidder, prior to submitting their bid, to determine if addenda were issued, acknowledging and incorporating it into their bid. IB -04 PREPARATION AND SUBMISSION OF BID FORM REQUIREMENTS: A. Bids shall be submitted on the bid form supplied by the County, or duplication thereof and attached thereto, or as otherwise specified. Bidders shall indicate the number of calendar days required for delivery and acknowledge receipt of any addenda received during the bid period. Each bid must give the full business address of the bidder and state whether bidder is an individual, corporation or partnership. Bid Forms by a corporation must be signed in the name of the corporation, followed by the original signature and designation of the officer or other person authorized to bind the corporation. Bid Forms by partnerships shall show the names of all partners. The partnership title shall be followed by the original signature of each partner. Any erasures or other corrections in the bid form must be explained or noted over the signature of the bidder. Bid Forms containing any conditions, omissions, unexplained erasures, alterations, or irregularities of any kind may be rejected by the County. Bid documents and forms shall be submitted sealed, and the envelope/package clearly marked with the Bid Number and the Name and Business Address of the individual/firm submitting the bid. Bids postmarked prior to said time and date but not received shall not be considered and will be returned to bidder unopened. B. Bid Guarantee - The bid form shall be signed where indicated guaranteeing that the bidder will not withdraw his bid for a period of 60 days after the scheduled time of opening of bids. IB -05 WITHDRAWAL OF BIDS: Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. Z?d §4.121450 00418 IB -06 BID TABULATIONS: in accordance with Florida Statues, Section 119(1)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119 07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Those bidders interested in receiving a copy of the results of this bid once they are released may do so by visiting our website at www.charlottecountyfl.com/ourchasina under "Purchasing Bids Online", Document Number 154184. No information regarding the submittal will be divulged over the telephone. IB -07 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all bids, to waive irregularities and technicalities, and to request resubmission of bids. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. Any sole response received the first submission date may be rejected by the County depending on available competition and timely needs of the County. IB -08 FORM OF CONTRACT: The submitted Bid Form signed by the Bidder, together with the complete bid package furnished by the County, shall constitute a binding contract. The Bidder shall be required to perform according to the Bidder's submitted Bid Form and the County's bid package when a purchase order, signed by the Senior Division Manager - Purchasing or his/her designee, is transmitted to the Bidder. The transmitted purchase order shall serve as both a Notice of Acceptance and Notice to Proceed to the Bidder. Failure to comply with the conditions set forth in the purchase order shall be deemed a breach of contract subjecting the Bidder to forfeiture of the bid bond or other posted security and other possible penalties. IB -09 NOTICE TO PROCEEDiDELIVERY: After award of bid, a purchase order shall be issued bearing the terms of delivery. Upon receipt of purchase order, successful bidder shall acknowledge receipt of same by either fax or mail, and shall commence prosecution of order so that the agreed upon delivery date will be satisfied. IB -10 PAYMENT: Request for payment must be submitted to the Charlotte County Purchasing Division on a form approved by the County. Price shall be net and all invoices payable according to the Local Government Prompt Payment Act (F.S.218.74). IB -11 PERFORMANCE EVALUATION: At the end of the contract, the receiving department will evaluate the successful bidder's performance. This evaluation will become public record. IB -12 ARITHMETIC DISCREPANCIES: A. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bid forms as submitted by bidders: Obviously misplaced decimal points will be corrected. In case of discrepancy between unit price and extended price, the unit price will govern. Apparent errors in extension will be corrected. 3. Apparent errors in addition of lump sum and extended prices will be corrected B. For the purpose of bid evaluation, the County will proceed on the assumption that the bidder intends his bid be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above, and the bid will be so reflected on the tabulation of bids. IB -13 DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by the contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidder wishes to make a substitution to the specifications, the bidder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution, and such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County. Specified items bid shall be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, or appropriate attachments. 4i'dC1 ZA 5000418 IB -14 QUALITY GUARANTEE: If any product delivered does not meet applicable specifications, or if the product will not produce the effect that the successful bidder represents to the County, the successful bidder shall pick up the product from the County at no expense to the County. Also, the successful bidder shall refund to Charlotte County any money which has been paid for same. The successful bidder will be responsible for reasonable County attorney fees expended to obtain compliance with this provision in the event the successful bidder defaults under this provision. IB -15 REGULATIONS: A. It shall be the responsibility of each supplier to assure compliance with any OSHA, EPA, and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply. B. Bidder must be authorized to transact business and be properly licensed in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Charlotte County will apply to any resulting contract. I8-16 CODE OF ETHICS: With respect to this bid, if any bidder violates or is a party to a violation of the State of Florida/Florida Statutes, Chapter 112, Part 111, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for Charlotte County. IB -17 COLLUSION: By offering a submission to this invitation for bid, the bidder certifies the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection with this bid: • any prices andlor cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor; • any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor; • no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; • the only person or persons interested in this bid, principal or principals islare named therein and that no person other than therein mentioned has any interest in this bid or. in the contract to be entered into; and • no person or agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona tide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business. IB -18 SOURCE OF SUPPLY AND SUBCONTRACTORS: Bidders are to complete the attached Source of Supply and Subcontractors form. This form must be completed and included with the bid form. If bidder does not have a source of supply or subcontractor, insert "to be determined". When source or subcontractor is determined, selection will be subject to County approval. IB -19 DRUG FREE WORKPLACE FORM: It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the bid form. In the event of a tie bid, the presence of a valid and accurate form may be used as a basis for awarding the contract. IB -20 PUBLIC ENTITY CRIMES: In accordance with Florida Statutes Sec. 287.133(2)(a), "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods/services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list". 1B-21 CANCELLATIONITERMINATION OF CONTRACT: The County shall have the right to cancel, terminate or suspend the contract, in whole or in part, by providing the Contractor 30 days written notice by certified mail. STS 4.12145oo0418 It is expressly understood by the County and the Contractor that funding for any successive fiscal years of the contract is contingent upon appropriation of monies by the Charlotte County Board of County Commissioners. In the event that funds are not available or are not appropriated, the County reserves the right to terminate the contract. The County will be responsible for payment of any outstanding invoices and work completed by the Contractor prior to such termination. I113-22 INDEMNIFY: After notification of award, the successful bidder shall indemnify and hold harmless the County, its officers, employees, agents and volunteers, from action, including any court costs or attorneys' fees arising from, or as a result of, any act or omission by bidder, its officers, employees, licensees, invitees, contractors, agents or assignees, in the performance of the services and/or the delivery of goods for which the resulting agreement was entered into. Bidder agrees that the first ten dollars ($10.00) of compensation received under the resulting agreement represents specific consideration for the indemnification obligation. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges and immunities of the County as set forth in Florida Statute 768.28. IB -23 TAXES: The Contractor shall assume liability for Local, State, or Federal Tax that is applicable to the work. IIB -24 ASSIGNMENT: This agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Contractor without the prior written consent of the County. IB -25 EQUAL EMPLOYMENT OPPORTUNITY: Charlotte County, Florida, in accordance with the provisions of Title VI of The Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. All bidders are hereby notified that the successful bidder (Contractor) must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that: • No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program, activity or service funded through the contract. • Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, national origin or marital status. Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractor will, in all solicitations or advertisements regarding program activities, services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. • County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records, accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws. it is expressly understood that County shall have the right to terminate the contract upon receipt of evidence of discrimination. IB -26 CLAIMING STATUS AS A LOCAL BUSINESS: If bidder affirms that it is a local business as defined below and in accordance with Ordinance 2009-005 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on February 17, 2009, and Ordinance 2009-041 adopted by the Charlotte County Board of Commissioners and fled with the Secretary of State on October 19, 2009, then the Affidavit Claiming Status as a Local Business, which is included as a part of the bid form, must be completed. A. Local Business Definition: Local business means the company has a valid Business Tax Receipt issued by Charlotte County, Sarasota County or DeSoto County for at least six months prior to the bid submission to do business within Charlotte County, Sarasota County or DeSoto County that authorizes the business to provide the services or goods, and a physical business address located within the limits of Charlotte County, Sarasota County or DeSoto County from which the business operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a business shall not be considered having a "Local Business" unless it contributes to the economic development and well-being of these Counties in a verifiable and measurable way. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as 4cAfol 1A 5000418 having a "Local Business". A business that misrepresents the local preference status of its company in a bid to the County will lose the privilege to claim local preference for a one year period. B. Competitive bid (local price match option): Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a responsive, responsible non -local business submits the lowest price bid, and the bid submitted by one or more responsive, responsible local businesses, as defined below, is within five percent of the price submitted by the non -local business, each of the aforementioned local businesses shall have the opportunity to submit, a best and final bid equal to or lower than the amount of the low bid previously submitted by the non - local business within five days of being notified by the Senior Division Manager of Purchasing in writing. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local business and a non -local business, contract award shall be made to the local business. If requested by the County, the bidder will be required to provide documentation substantiating the information given in this affidavit. Charlotte County reserves the right to request supporting documentation as evidence to substantiate the information given in this affidavit. Failure to do so will result in the bidder's submission being deemed non-responsive. IB -27 EMPLOYEE BACKGROUND CHECK: If an owner, except a stockholder in a publicly traded corporation, or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. 18-28 CONTRACTS PUBLIC RECORDS: Pursuant to Section 119.0701 of the Florida Statutes, Contractors performing government functions on behalf of the County must: a) keep and maintain public records associated with the contracted project; b) provide the public with access to public records pursuant to the terms of Chapter 119 of the Florida Statutes; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law; and d) meet all requirements for retaining public records, transfer at no cost to the County all public records in their possession upon termination of the contract, and destroy any duplicate public records that are confidential and exempt. 1&cPAo! 1/5000418 TECHNICAL SPECIFICATIONS & CONDITIONS VEHICLES —ANNUAL CONTRACT BID NO. 2015000418 TS -01 PURPOSE: It is the intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. It is the specific purpose of this bid to establish a conditional contract for the required materials and to secure the cost and availability of the requirements for procurement from a source of supply that will give prompt and convenient service. TS -02 BID PRICESITERMS OF CONTRACT: Bidders shall bid unit prices, F.O.B., to Charlotte County Fleet Management, 18000 Paulson Drive, Port Charlotte, FL 33954. The prices bid shall include all costs for all transportation, labor, materials and equipment used in supplying and delivering said materials. Bid prices shall be considered firm from date of award through and including September 30, 2016. This bid may be extended/renewed for two (2) additional one (1) year periods, by mutual agreement, provided there are no changes in terms, conditions and prices. Current contract prices can be obtained by accessing the Charlotte County Purchasing Division's website at ,Apxw charlottecountvfl cam!purchasinq under "Purchasing Bids Online", Historical Catalog. Historical searches can only be executed by keying in all or part of the project title. The previous Contract number for this project is 12-420 and is entitled 'ANNUAL CONTRACT -VEHICLES'. TS -03 DELIVERY: All bids will indicate the lead time required for the established quantities to be delivered. Successful bidder will be held to delivery dates. Failure to meet delivery or lead time necessitating Charlotte County to make purchases from other sources, shall cause successful bidder to be held liable for the difference of cost between awarded bid price and the cost of the required purchase from another source. Successful bidder shall notify Rick Kolar, Fleet Manager, or Dave Menges, Maintenance Control Supervisor, at a number to be provided to the awarded Bidder at least 24 hours prior to delivery. All deliveries shall be made between the hours of 8;00 a.rn and 3,00 p m , Monday through Friday, excluding legal holidays, unless otherwise agreed to by the receiving department. TS -04 ESTIMATED QUANTITIES: The exact quantities for this bid cannot be determined at this time. No minimum amount is guaranteed or implied. Purchase orders will be issued on an 'as required' basis. TS -05 SCOPE: A. GENERAL: The vehicles to be purchased under this bid are automobiles, sport utility vehicles, passenger vans, light duty vans, light duty trucks, and light duty cab/chassis. Light duty vans, trucks, and cab/chassis cover all models up to and including Class 6 (19,501 to 37,000 lbs. GVW). Contractors shall bid a percentage discount off of the Ford factory invoice, which shall include the vehicle base price, freight charges, and all factory production options. The invoice submitted will be verified by the County by using Kelley Blue Book's New Car Pricing. In the event of a discrepancy, the Kelley Blue Book New Car Pricing shall supersede the submitted invoice. Charlotte County shall participate in all fleet incentives, price incentives, and/or rebates available to the bidder in addition to the percentage discount bid. Each vehicle purchased under this contract shall include as part of the base vehicle price: a vehicle preparation costs O delivery 13 three (3) complete sets of keys The percentage discount submitted by Bidder should take these factors into account. 107514 12145000418 From the date of the purchase order, the bidder shall have ninety (90) days to deliver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) vehicles with dealer installed options. The bidder shall be held to the stated delivery times, except in such cases where the delivery will be delayed due to a natural disaster. Natural disasters are defined as hurricanes or other acts of God. In these cases the bidder shall notify Charlotte County's Fleet Management Division in writing of the delays 30 days prior, when possible, to the original contract delivery date. Should a manufacturer experience production delays or a shutdown, Charlotte County reserves the right to cancel any outstanding orders and purchase said vehicle from another source. B. DEALER INSTALLED OPTIONS: Dealer installed options may include but are not limited to strobe lights, bedliners, utility bodies, and cranes. See TS -06, Criteria for Award, for the approved list of authorized manufacturers to be used for dealer installed options. Only manufacturers on this list will be accepted. The Fleet Management Division will provide the awarded bidder with updated lists of approved manufacturers for dealer installed options as needed throughout the contract period. All prospective bidders must provide a percentage figure above "actual invoice" for any dealer installed options performed by a sub -contractor, Copies of actual invoices must be provided as backup. Charlotte County Fleet Management will provide the awarded bidder a list of dealer installed options required for each vehicle as they are ordered. Upon request of these items, the dealer shall provide Fleet Management pricing, excluding markup, within three (3) working days. Responses must be either faxed to 941-575-3671 or electronically mailed to Richard. kolar(cDcharlottecountvfl.4ov and Kimberly.camobell(cbcharlottecountvfl cov. C. VEHICLE CONDITION: The bidder shall be responsible for delivering vehicles that are new and unused, properly serviced, clean, and in first class operating condition. Pre -delivery service, at a minimum, shall include the following: 1. Complete lubrication and check all fluid levels to assure proper fill 2. Adjustment of engine to proper operating condition 3. Inflate tires to proper pressure 4. Check for proper operation of all accessories, gauges, lights, mechanical and hydraulic features 5. Cleaning of vehicle, if necessary, and removal of all unnecessary items such as tags, stickers and papers. DO NOT REMOVE WINDOW PRICE STICKER 6. Overall check for safe operating condition 7. All units must contain no less than 112 tank of fuel as indicated by the vehicle's fuel gauge at the time of delivery. If a vehicle is delivered with less than 112 tank of fuel as indicated by the vehicle's fuel gauge, the bidder shall be assessed $40.00 dollars. 8. If a vehicle is delivered with more than 250 miles but less than 500 miles as indicated by the vehicle's odometer, the bidder shall be assessed $0.50 cents per mile for all miles over 250. Vehicles with 500 miles or more as indicated by the vehicle's odometer may not be accepted. 9. All vehicles shall be delivered with three (3) complete sets of keys. If a vehicle is delivered without three (3) complete sets of keys, the bidder shall be assessed 10. Delivery does not constitute acceptance. Acceptance and authorization of payment will be given only after a thorough inspection indicates that the vehicle meets specifications and conditions listed herein. 11. Vehicles shall be delivered with each of the following documents satisfactorily completed: • Temporary license plate and/or county plate Owner and/or operator manual(s). Warranty certifications, including rustproofing, if applicable. ® Copy of pre -delivery service report. Window price sticker (still affixed). 12. All vehicles shall be equipped with all standard equipment as specified by the manufacturer for this model. All vehicles shall comply with the EPA Emission Standards, and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles, and OSHA standards CFR 29 191011926. The bidder understands that the bid covers a complete, fully operative unit, as specified by the purchase order and enclosures, including the mounting of all attachments and connections to the chassis. D. TITLE, REGISTRATION, AND PLATES: All vehicles delivered under this contract shall be titled and registered by the successful bidder in accordance with Florida Statutes Chapters 319 and 320. Awarded bidder shall send any necessary form(s), which must be signed by an authorized representative of the Charlotte County Board of County Commissioners, with the vehicle upon delivery. Awarded bidder shall obtain necessary signature(s) and complete the title and registration process for the County, provide a 30 day temporary tag, and return a County license plate within twenty-five days of the delivery of each vehicle. 11 A Qk. ;#5000418 The County shall reimburse the Contractor for the actual fees involved in the title application, registration, and obtaining of new license plates as charged by the State of Florida. The cost shall be listed as a separate line item on the invoice presented for payment on each vehicle. Separate invoicing for this reimbursement will not be accepted. NOTE: Charlotte County is self-insured; therefore, a "Proof of Insurance" form is not required. TS -06 CRITERIA FOR AWARD: The award of this bid will be made to the lowest, responsive, responsible Bidder, who meets or exceeds the requirements of these specifications. The County reserves the right to reject the bid proposal of any bidder who has previously failed to perform properly, or on time, contracts of similar nature; or who is not in a position to satisfactorily perform the contract. If, after bid opening, the lowest bidder is deemed non -responsible by the County, such bidder shall receive written notice from the County of this determination. The bidder shall have five (5) business days from the date of this notice to dispute the determination and to provide to the County any additional information it deems relevant regarding the bidder's responsibility. The County shall make a final determination regarding the bidder's responsibility at the time of award of the contract. LIST OF AUTHORIZED MANUFACTURERS TO BE USED FOR DEALER INSTALLED OPTIONS includes, but is not limited to: EFFECTIVE 10/01/2015 1. EMERGENCY AND WARNING LIGHTS: A. STROBE - NORTH AMERICAN SIGNAL COMPANY B. ROTATING BEACON — TARGET TECH (FEDERAL SIGNAL CORP) C. CORNER INTERCEPT— NOVA ELECTRONICS 2. BEDLINERS: A. DURALINER B. RHINO LININGS C. LINEX SPRAY IN 3. TOOLBOXES: A. DELTA B. DAYTON 4. TRAILER HITCHES: A. DRAW-TITE B. REESE 5. LIFT GATES: A. TOMMY GATT= 6. ALUMINUM DUMP BODY INSERTS: A. TRUCK CRAFT B. EZ DUMPER 7. UTILITY AND STAKE BODIES: A. KNAPHEIDE B. READING 8. CRANES. A. AUTO -CRANE B. LIFT MOORE 9. DUMP AND FLAT BED DUMP HOISTS: A. VENCO CONVERSION HOISTS B. RUGBY 10. TRUCK AND VAN ACCESSORIES: A. SILVER SHIELD SYSTEMS B. TAILGATERS C. MASTERACK D. AMERICAN VANS 11. SERVICE & PARTS MANUALS (CD OR HARD COPY): A. HELMS PUBLISHING 12. LAPTOP MOUNTS A. KODIAK MOBILE CF31 IDOCK B. JOTTO DESK 13. REAR MOUNTED CAMERA A. ZONE DEFENSE 12 9PI Qf.�145000418 BID FORM VEHICLES — ANNUAL CONTRACT BID NO. 2015000418 TO: Senior Division Manager - Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, FI, 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Sid Form, and any other documentation for VEHICLES —ANNUAL CONTRACT and further agrees to furnish all items listed on the attached Bid Form in accordance with the unit price(s) submitted. The above specified documents are herein incorporated into the Bid Form and shall be defined as the contract documents. Please Note: For bid evaluation purposes, award will be based on the lowest total of the following vehicle and dealer installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for dealer installed options) submitted by each bidder. These quantities and descriptions are not actual and may vary considerably. They are only given as a means of determining 1 calculating the lowest responsive, responsible bidder. NEW VEHICLE PURCHASES: PERCENTAGE DISCOUNT OFF OF X FORD FACTORY INVOICE 91111'1 3.05 % X SUB -TOTAL VEHICLE FOR FACTORY INVOICEIDESCRIPTION $34,564.00 (2016 Explorer 2WD SU 4D Auto XLT) $35,875.00 (2016 F250 Super Duty Regular Cab XLT) DEALER INSTALLED OPTIONS: PERCENTAGE X DEALER INSTALLED OPTIONS MARK-UP ACTUAL INVOICE/DESCRIPTION 0.00 % X $135.00 (Window Tint on a 2016 Explorer SU XLT) 0.00 % X $135.00 (Window Tint on a 2016 F250 XLT) SUB -TOTAL _ DOLLAR AMOUNT NET COST (LIST OF DISCOUNT _D PRICE LESS DISCOUNT) = $ 1,054.20 = $1,094.18 DOLLAR = AMOUNT OF MARK-UP _ $ 0.00 = $ 0.00 -D $33,509.79 -D $ 34, 780.81 $ 68,290.60 NET COST (ACTUAL -D INVOICE PLUS MARK-UP) $ 135.00 � $ 135.00 $ 270.00 TOTAL COST OF PURCHASING ONE (1) 2016 FORD EXPLORER SU XLT WITH WINDOW TINT, AND ONE (1) 2016 FORD F250 SUPER XLT WITH WINDOW TINT: $68,560.60 Reminder: From the date of the purchase order, the bidder shall have ninety (90) days to deliver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) vehicles with dealer installed options. Please indicate by (4) that you have included the following documentation with your bid: ( ) Business Tax Receipt: (Only required if claiming status as a "Local Business" and must be valid for at least six months prior to the bid submission) Name of Bidder: BARTOW FORD (This form to be returned) 13 N At.125000418 Local Business Status: If Bidder affirms that it is a local business as defined in IB -26 and in accordance with Ordinance 2009-005 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on February 17, 2009, and Ordinance 2009-041 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on October 19, 2009, then the Affidavit Claiming Status as a Local Business, which is included as a part of this bid package, must be completed and returned. ❑Yes, our business qualifies as a Local Business and has completed and attached the 'Affidavit Claiming Status as a Local Business' as a part of our submission. rXNo, our business does not qualify as a Local Business. NOTE: In accordance with Florida Statues, Section 119 071(1)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119 071(1)(b)2 and s. 24(a), Art. I of the State Constitution except as provided by Florida Statutes 255.0518, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Upon release of the intended decision, if you wish to obtain the quote results, you may do so by visiting our Website at www.charlottecountvfl.com/Durchasinq under "Purchasing Bids Online", document number 154184. No information regarding the submittal will be divulged over the telephone. Name of Bidder: BARTOW FORD (This form to be returned) 14 i3ib AW2145000418 If notified of the acceptance of this bid form, the undersigned agrees to execute a Contract for the stated compensation in the form as prescribed by the County, within the time constraints outlined in Instructions to Bidders. The signature below is a guarantee that the Bidder will not withdraw his/her bid for a period of sixty (60) days after the scheduled time for opening the bids. The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price bid. Addendum No. Dated Addendum No. Dated ; Addendum No. Dated Addendum No. Dated ; Addendum No. Dated ; Addendum No. , Dated HOLD HARMLESS AGREEMENT: The bidding firm as indicated below, it's officers and members shall, through the signing of this document by any authorized party or agent, indemnify, hold harmless and defend Charlotte County, a political subdivision of the State of Florida, its officers, agents, employees, and volunteers from all suits and actions, including attorney's fees and all costs of litigation and judgment of every name and description brought against the County as a result of loss, damage or injury to person or property by reason of any act or failure to act by the bidding firm, its agents, servants or employees. Type of Organization (Please Check One): Individual Ownership Partnership Name of Bidding Firm BARTOW FORD Mailing Address 2800 US HWY 98 NORTH Location Address 2800 US HWY 98 NORTH City & State BARTOW FL Telephone (813) 477-0052 E-mail THEFORDTRUCKGUY(cDGMAIL.COM Signature of person authorized to bind the Company: Joint Venture Corporation zIP 33830 Fax Number (863) 533-8485 Print Name/Title of person authorized to bind the Company: RICHARD WEISSINGER COMMERCIAL FLEET SALES Date: 10/14/15 (This form to be returned) 15 924 Qt.U45000418 AFFIDAVIT Claiming Status as a Local Business Bidder affirms that it is a local business as defined below and in accordance with the following: Ordinance 2009-005 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on February 17, 2009; and Ordinance 2009-041 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on October 19, 2009. A. Local Business Definition: Local business means the company has a valid Business Tax Receipt issued by Charlotte County, Sarasota County or DeSoto County for at least six months prior to the bid submission to do business within Charlotte County, Sarasota County or DeSoto County that authorizes the business to provide the services or goods, and a physical business address located within the limits of Charlotte County, Sarasota County or DeSoto County from which the business operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a business shall not be considered having a "Local Business" unless it contributes to the economic development and well-being of these Counties in a verifiable and measurable way. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as having a "Local Business". A business that misrepresents the local preference status of its company in a bid to the County will lose the privilege to claim local preference for a one year period. B. Competitive bid (local price match option): Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a responsive, responsible non -local business submits the lowest price bid, and the bid submitted by one or more responsive, responsible local businesses, as defined below, is within five percent of the price submitted by the non -local business, each of the aforementioned local businesses shall have the opportunity to submit, a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local business within five days of being notified by the Senior Division Manager of Purchasing in writing. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local business and a non -local business, contract award shall be made to the local business. If requested by the County, the bidder will be required to provide documentation substantiating the information given in this affidavit. Charlotte County reserves the right to request supporting documentation as evidence to substantiate the information given in this affidavit. Failure to do so will result in the bidder's submission being deemed non-responsive. Company Name: Signature: Title: Year Business Established: Circle the appropriate County: Charlotte DeSoto Sarasota State of Florida County of Sworn to and subscribed before me, a Notary Public, for the above State and County on this day of , 20 Notary Public Commission Expiration (Affix Official Seal) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. This page to be returned only if Contractor is claiming a Local Business Status. 16 Nil ot.12145o00418 SOURCE OF SUPPLY AND SUBCONTRACTORS The following sources of supply and subcontractors shall be used for the VEHICLES — ANNUAL CONTRACT project. If bidder does not have a source of supply or subcontractor, insert "to be determined". When a source or subcontractor is determined, selection will be subject to County approval. (If not applicable, state NIA). Source of Supply Subcontractor(s) 1 UTILITY/STAKE/FLAT BED/DUMPIBODIES 1 ACTIONIKNAPHEIDE/READING/WARNER/BLUE RIDGE/ EMERGENCY AND WARING LIGHTS FEDERALIWHELENISOUND OFFID&R ELECTRON I CIHE LLA 2. CRANESIHOISTS 2.LIFTMOORENENTURO/STELLAR/AUTO CRANEIRUGBY LAPTOP MOUNTS HAVISIJOTTOIGAMBER JOHNSONID&R ELECTRONICS 3, RACKS & BIN VAN PACKAGES 3.MASTER RACKIADRIN STEEL/KARGO MASTER/ AMER. VAN SERVICE & PARTS MANUALS (CD OR HARD COPY) HELM PUBLISHING 4 REAR MOUNTED CAMERAS 4 ROSTRA/BACK ZONE SPRAY IN LINERS AND BEDLINERS WILL BE DONE AT BARTOW FORD Jr TOOL BOXES/HITCHES/LIFT GATES/ALUM. DUMP INSERTS rJ UWS/DELTAlDAYTON/REESE/DRAW TITEIMAXONITOMMY GATEIWALTCO/TRUCK CRAFTIEZ DUMPER DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that BARTOW FORD (name of business) does. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 883 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement. I certify that this firm complies fully with the above requirements. Name of Bidder: BARTOW FORD Signature Dated 10/14115 (This form to be returned) 17 1401o! AA 5000418 08-20-15 SELECTED VEHICLE REPORT page 1 of 5 ID: 16-24 Effective dates: 8/14/2015-8/20/2015 2016 Ford F250 Super Duty Regular Cab XLT INVOICE MSRP XLT 2WD Pickup 2D 8 ft ............................. I................. $33,343.00 $36,145.00 Destination Charge ................................................. $1,195.00 $1,195.00 BASE MODEL PRICE WITH DESTINATION CHARGE ............................. $34,538.00 $37,340.00 (Mfr's Effective Date 3/19/2015 Revised) 24 Month 36 Month 48 Month 60 Month Residual Values 05k 0% 0$ 01 * * * OPTIONAL EQUIPMENT Engine (Selection Required an All Orders) 996 V8, Flexible Fuel, 6.2 Liter .................................. Std. Std. (Req's Auto Trans -44P) Transmission (Selection Required on All Orders) 44P Automatic, HD 6-Spd w/SelectShift -Models w/996 6.2L Engine.... Std. Std. Mandatory Equipment Packages 603A Equipment Group ............................................... NIC NIC (See Std Equipment Listing) Accessory Equipment Packages 90u Power Equipment Group ......................................... Std. Std. (N/A w/Air Conditioning Delete -572) Includes Perimeter Alarm System; Power Door Locks; Keyless Remote Control Entry System; Clearance Lights; Dual Heated Power Mirrors w/Manual Fold, Turn Signals & Manual Telescoping Trailer Tow & Power Windows. Comfort and Convenience 525 Cruise Control ................................................ Std. Std. (Std w/Value Pkg-96V & Appearance Pkg-96P) Steering 62D Steering Wheel Touch Controls ................................. Std. Std. (Req's Communication & Entertainment System -91M) Entertainment and Instrumentation 91M Communication & Entertainment System, SYNC w/MyFord, Voice..... Std. Std. Activation, AppLink, 911 Assist & Vehicle Health Reports (Req's Steering Wheel Touch Controls -62D) Includes Compass, USB Port & SYNC AppLink. 585 Radio, AM/FM Stereo w/CD & MP3 ................................. Std. Std. (C) Copyright 2015 by Kelley Blue l3nok Co., All Rights Reserved. use of [bits report by other than the licensee is prohibited. We assume no responsibility for errors or omissions 35 of 114 ADMINISTRATIVE CONTRACT RENEWAL APPROVAL FORM VEHICLES - ANNUAL CONTRACT -_ ...... Contract #: 2015000418 Award Date: 11/10/2015 Awarded By: BOCC Original Term: From: 11/10/2015 To: 9/30/2016 Renewal Term: From: 10/112017 To. 9/30/2018 Description & Background of Contract: This is an annual contract for the purchase of Ford Vehicles on an'as needed' basis. On November 10, 2015 when the Charlotte County Board of Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms, and conditions. in accordance with the contract documents, this contract can be renewed for one additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2017 through and including September 30, 2018, Contract Specialist: A1isa True Phone: 941-743-1549 Fax: 941-743-1384 Contract Specialist E-mail: alisa.true@charlottecountyft.gov By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: Requested by: Richard Weissinger Bartow Ford Approved by: Richard Kolar Fleet Management Approved by: Kimberly A. Corbett, C.P.M., CPPB Charlotte County Purchasing Approved by: Hector Flores County Administration Roger Davis See Attached Signature/Date t Kolar, Richard Kolar, Richard Jul t3201712:13PM Signature/Date Cheryl Mastin Cheryl Mastiin Jul 13 2017 1:07 PM Signature/Date Raymond Sandrock Raymond Sandrock Jul 13 20173:06 PM Signature/Date Nof114 ADMINISTRATIVE CONTRACT RENEWAL APPROVALFORM VEHICLES - ANNUAL CONTRACT Contract #: 2015000418 Award Date: 11/10/2015 Awarded By: BICC Original Term: From: 11 /10/2015 To. 9/30/2016 Renewal Term: From: 10/1/2017 To: 9/30/2018 Description & Background of Contract.- This ontract:This is an annual contract for the purchase of Ford Vehicles on an 'as needed' basis. On November 10, 2015 when the Charlotte County Board of Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms, and conditions. In accordance with the contract documents, this contract can be renewed for one additional year under the same prices, terms, and conditlons as the original contract. The term will be from October 1, 2017 through and including September 30, 2018. Contract Specialist: Ahsa True Phone: 941-743-1549 Fax: 941-743-1384 Contract Specialist E-mail; alisa.true@charlottecounV.gov By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: Requested by: Richard Weissinget Bartow Ford Approved by: Rictiard Kolar Fleet Management Approved by: Kimberly A. Corbett, C.P.M., CPPB Charlotte County Purchasing gatu 718/17 SDate Signature/Date Signature/Date Approved by: Hector Flores 37 of 114 County Administration Signature/Date CONTRACTORNENDOR PERFORMANCE EVALUATION Bid No,: 2015000418 Title: Vehicles - Annual Contract Department: Fleet Management ContractorNendor: Bartow Ford THIS FORM SHALL BECOME PUBLIC RECORD, THEREFORE, ALL ITEMS SHOULD BE COMPLETED THOROUGHLY AND EXPLAINED BASED ON FACT. Yes 1. Did the ContractorNendor perform and/or deliver on time? 7 No 2. Was quality of product/service rendered in conformance with specs? IX7 El 3. Did the ContractorNendor provide timely warranty service and/or repairs? ❑X F] 4. Did the ContractorNendor display cooperation in working out problems? N F] 5 Would you recommend that Charlotte County continue to do business with the firm?LInd Additional Comments (Optional): Modification and complex manufacture vehicles with special equipment takes 30-90 days longer than anticipated. However, they come in with conformance to spec and any changes that may be necessary are made without issue This form shall become public record. By completing this form, 1 hereby attest that this form has been completed fully and accurately to the best of my knowledge. Richard Kolar Completed by: 38 of 114 OTT J SERAST_I HOME OF PELICAN NAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 11 April 2018 Agenda Item Title: Ford Explorer Patrol Units Recommendation: Purchase two (2) 2018 Ford Explorer police vehicles from Bartow Ford. Company under the Charlotte County Purchasing Division Bid 4 2015000418 Background: This requested purchase represents the replacement of two (2) patrol units that have reached the end of their service life. The balance of budgeted funds will be utilized to obtain additional required equipment for Police vehicles: radio, radar, ICOP, graphics, stingers and AED's. This proposed purchase is under the `piggyback' provisions as provided for in City Purchasing Policy. If Aunda Item Reuuires Expenditure of Funds: Total Cost: $81,044.18 Amount Budgeted in Current FY: $350,000.00 (all police vehicles) Fund to Be Utilized for Appropriation: 310151-606400 (Police Vehicles and Equipment) Administrative Services Department/CFO Review: ' Attachments: City Manager Authorization Date: 5 April 2018 1. Vendor Quote 2. Charlotte County Bid Award 201500418 39 of 114 BARTOW FORD COMPANY WE ARE DIFFERENT AND WE WILL PROVE IT 2800 US 98 NORTH BARTOW, FLORIDA 33830 Date March 19, 2018 PHONE 863-533-0425 FAX 863-533-9347 Sebastian Police Deputy Chief Greg Witt •M, DESCRIPTION• 1 Whelen Liberty 1T Red/Blue with LED Takedown and Ally Lights Includes $1,199.00 $1,199.00 WeCan Controller 2 Whelen ION's Split Red/Blue Mounted in Headlights $89.00 $178.00 2 Whelen ION Split Red/Blue Mounted Forward in Push Bumper $89.00 $178.00 2 Whelen Thin IONJ's Split Red/Blue Mounted Right & Side of Push $8900 $178.00 Bumper 1 Dual Row LED 60" Strip Light Mounted in Running Board Area $598.00 $598.00 1 Whelen PAR46FLC LED Spotlight Head $103.00 $103.00 1 Whelen RP34 Outer Edge Rear Pillar Exterior Mount $604.20 $604.20 R/B/R LEFT BIRIB RIGHT 2 Whelen ION's Split Red/Blue Mounted in Rear 114 Glass $89.00 $178.00 2 Whelen Vertex Split Red/Blue Mounted in Rear Taillights $54.25 $108.50 1 Whelen SSFFPI6 Wig -Wag Headlight Flasher $73.53 $73.53 1 Whelen 100 Watt Speaker with Mounting Bracket $129.00 $129.00 1 Whelen CCSRN3 CENCOM Sapphire Siren Controller $519.00 $519.00 1 Havis C-VS-2400-INUT Utility Console (Includes All Faceplates) $291.61 $291.61 1 Havis C-CUP2-I Dual Cup Holder $28.66 $28.66 1 Havis C -ARM -101 Side Mount Arm Rest $53.59 $53.59 1 Mavis C-HDM-205 8.5" Side Mount Pole $115.34 $115.34 1 Havis C -MD -112 11" Slide Out Locking Swing Arm with Motion Adapter $214.91 $214.91 1 Havis UT -1001 Laptop Tray $196.95 $196.95 1 Havis C -LP -2 12V Outlet (4 12V Outlets Total) $24.57 $24.57 2 Magnet Mic Clips (SHIPPED LOOSE) $34.95 $69.90 1 Havis DS -DA -102 LED Map Light $32.76 $32.76 1 Maglite RL7019 LED Flashlight with Charging Base $117.00 $117.00 1 Go Rhino 5342T -2L61 Light Ready Push Bumper with 5342WHDT HD Wraps $568.45 $568.45 1 Go Rhino 5700WA Partition with Recessed Lower Extension Panel $623.64 $623.64 1 Go Rhino 571713 Rear Window Bars $124.05 $124.05 1 Go Rhino 5SUVIC1311 Molded Rear Prisoner Seat with Outboard Buckles, Mesh Rear Partition $846.08 $846.08 1 Go Rhino Solid Rear Door Panels $215.13 $215.13 1 Go Rhino Rear Floor Pan (NO DRAIN) $109.07 $109.07 1 Santa Cruz SC-920--5-5-XL #H Dual Weapons Mount $302.75 $302.75 1 Blue Line Raised Rear Weapons Vault $837.50 $837.50 1 Custom Headliner ICOP Monitor Mounting Bracket $45.87 $45.87 1 Sebastian POLICE Full Calor Graphics $375.00 $375.00 13 Bartow Ford Custom Installation, 100 AMP Breaker, Fuse Block, $90.00 $1,170.00 All Shop Supplies 1 Install Customer Supplied ICOP In Car Video with Rear Prisoner $0.00 $0.00 Camera, Radar, 800 MHz Radio & Antennas TOTALi.r•3. if you have any questions concerning this quote, contact Richard Weissinger @ (813) 477-0052. THANK YOU FOR YOUR BUSINESS! 40 of 114 VOWFORIr I March 27, 2018 City of Sebastian T. Alan Clarke I K8A 2018 Ford Interceptor Utility 99R 3.7L V-6 Engine 44C 6 Speed Automatic Transmission Front Headlamp Prep Includes pre -drilled hole for side marker police use, does not include LED 86P installed lights (eliminates need to drill housing assemblies) and pre -molded side warning LED holes with standard sealed capability (does not include LED installed lights) 86T Rear Taillight Prep Package Pre-existing holes with standard twist lock sealed capability (does not include LED installed lights) (eliminates need to drill housing assemblies) 43D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 51Y Factory Pillar Mounted Spotlight 53M SYNC Voice Activated Bluetooth 55F Keyless Entry Fob: Includes 4 -key fobs 76R Reverse Sensing 87R Rear View Camera with In Mirror Display Factory Invoice $33,485.80 Government Price Concession @ Price Level 615 $2,600.00 3.0511/o Contract Discount $1,021.32 Emergency Lighting Package See quote $10,409.06 Yellow CITY Tag $119.55 Window Tint $129.00 Pricing in accordance with the Charlotte County contract # 2015000418 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North Bartow_ Finrida'a'3R,4n 41 of 114 Charlotte County Purchasing Division 13500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 NOTICE OF AVAILABILITY OF BID SPECIFICATIONS REQUEST FOR BIDS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed bids at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for: BID NO. 2015000418 VEHICLES — ANNUAL, CONTRACT It is the intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. PRE-BID CONFERENCE: 10:00 a.m., OCTOBER 2, 2015 PURCHASING DIVISION CONFERENCE ROOM BID OPENING: 2:00 P.m., OCTOBER 14, 2015 PURCHASING DIVISION CONFERENCE ROOM Bid Documents may be obtained by accessing the Charlotte County Purchasing Division's website at www.charlottecountvfl.comlpurchasina under "Purchasing Bids Online", document number 154182. Any questions can be answered by contacting Alisa L. True, CPPB, Contract Specialist at 941.743.1549 or email: alisa.true(a)charlottecountvfl. [lov. Notice of Availability www.charlottecountvfl.com Posted: September 24, 2015 1 42d9oa jQ$ 5000418 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 ADDENDA NOTIFICATION FORM BID NO. 2015000418 VEHICLES —ANNUAL CONTRACT The County will attempt to notify all prospective bidders of addenda issued to the bid documents. However, it shall be the responsibility of the bidder, prior to submitting their bid, to contact the Purchasing Division to determine if addenda were issued, acknowledging and incorporating it into their bid. If you would like to request notification of any addenda that may be issued regarding this project, please complete the form below and return via fax to 941.743.1384, attention Alisa L. True, CPPB, Contract Specialist, or email: alisa.true(a.charlottecountvfl.gov. . By completing and returning this form, you are requesting notification of addenda that may be issued regarding this specific project only. COMPANY NAME: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: 2 PV6P.12P45000418 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 STATEMENT OF NO BID If you do not intend to bid on this commodity/service, please return this form to the above address immediately. if this statement is not completed and returned, your company may be deleted from the Charlotte County Vendors' list for this commodity/service. We the undersigned, have declined to bid on requested commodity/service Bid #2015000418, Vehicles — Annual Contract, for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bond/insurance requirements. Unable to meet specifications. Specifications are unclear (explain below). Remove us from your vendors' list for this commodity/service. Other (specify below). Remarks: Company Name: Contact Person (typed or printed): Contact Person Signature: Phone E -Mail Address: Fax: Note: Statement of No Bid may be emailed to alisa.true(o)charlottecountvfl.00v or faxed in to the Purchasing Division at 941.743.1384. 3 4W(W12P45000418 TABLE OF CONTENTS VEHICLES -ANNUAL CONTRACT BID NO. 2015000418 Notice of Availability Addenda Notification Form "No Bid" Response Page Table of Contents INSTRUCTIONS TO BIDDERS 2 3 4 5-9 TECHNICAL SPECIFICATIONS & CONDITIONS 10-12 BID FORM 13-17 4 45ald fol a4$ 5000418 INSTRUCTIONS TO BIDDERS VEHICLES — ANNUAL CONTRACT BID N0. 2015000418 IB -01 QUALIFICATIONS OF BIDDERS: It is the intent of the County to award this contract to the lowest responsible bidder, qualified by experience and solvency, with proven reliability and the ability to supply all items within a reasonable time frame acceptable to Charlotte County. Bidder may be required to supply information in writing at the request and discretion of the County prior to award of bids, in order to verify above requirements. IB -02 GENDER DESIGNATION: The County and the Contractor are treated throughout these Documents as if each were of the singular number and masculine gender. IB -03 EXAMINATION OF DOCUMENTS: A. Prior to the submission of a bid form, bidders shall carefully examine the bid package including the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Insurance Requirements, and all other related bid documents, including all modifications thereof, incorporated in the bid package. B. Discrepancies, omissions, or questions about the intent of the documents should be submitted to the Purchasing Division in written form as a request for interpretation no later than five (5) days prior to bid opening (or shall be verbally addressed at the pre-bid conference, if applicable). C. Interpretations of any of the bid documents made will be in the form of a written addendum to the documents, which will be posted on the purchasing website. Receipt of any addenda by each bidder must be acknowledged on the bid form, indicating the addendum number and date of issue, therein becoming a part of the contract. No oral explanations shall be binding. The County will attempt to notify all prospective bidders of addenda issued to the bidding documents; however, it shall be the responsibility of the bidder, prior to submitting their bid, to determine if addenda were issued, acknowledging and incorporating it into their bid. IB -04 PREPARATION AND SUBMISSION OF BID FORM REQUIREMENTS: A. Bids shall be submitted on the bid form supplied by the County, or duplication thereof and attached thereto, or as otherwise specified. Bidders shall indicate the number of calendar days required for delivery and acknowledge receipt of any addenda received during the bid period. Each bid must give the full business address of the bidder and state whether bidder is an individual, corporation or partnership. Bid Forms by a corporation must be signed in the name of the corporation, followed by the original signature and designation of the officer or other person authorized to bind the corporation. Bid Forms by partnerships shall show the names of all partners. The partnership title shall be followed by the original signature of each partner. Any erasures or other corrections in the bid form must be explained or noted over the signature of the bidder. Bid Forms containing any conditions, omissions, unexplained erasures, alterations, or irregularities of any kind may be rejected by the County. Bid documents and forms shall be submitted sealed, and the envelope/package clearly marked with the Bid Number and the Name and Business Address of the individual/firm submitting the bid. Bids postmarked prior to said time and date but not received shall not be considered and will be returned to bidder unopened. B. Bid Guarantee - The bid form shall be signed where indicated guaranteeing that the bidder will not withdraw his bid for a period of 60 days after the scheduled time of opening of bids. I13-05 WITHDRAWAL OF BIDS: Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 4i&.13p45000418 IB -06 BID TABULATIONS: In accordance with Florida Statues, Section 119(1)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Those bidders interested in receiving a copy of the results of this bid once they are released may do so by visiting our website at www.charlottecountvfl.com/ourchasina under "Purchasing Bids Online", Document Number 154184. No information regarding the submittal will be divulged over the telephone. 1B-07 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all bids, to waive irregularities and technicalities, and to request resubmission of bids. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. Any sole response received the first submission date may be rejected by the County depending on available competition and timely needs of the County. IB -08 FORM OF CONTRACT: The submitted Bid Form signed by the Bidder, together with the complete bid package furnished by the County, shall constitute a binding contract. The Bidder shall be required to perform according to the Bidder's submitted Bid Form and the County's bid package when a purchase order, signed by the Senior Division Manager - Purchasing or his/her designee, is transmitted to the Bidder. The transmitted purchase order shall serve as both a Notice of Acceptance and Notice to Proceed to the Bidder. Failure to comply with the conditions set forth in the purchase order shall be deemed a breach of contract subjecting the Bidder to forfeiture of the bid bond or other posted security and other possible penalties. IB -09 NOTICE TO PROCEEDIDELIVERY: After award of bid, a purchase order shall be issued bearing the terms of delivery. Upon receipt of purchase order, successful bidder shall acknowledge receipt of same by either fax or mail, and shall commence prosecution of order so that the agreed upon delivery date will be satisfied. IB -10 PAYMENT: Request for payment must be submitted to the Charlotte County Purchasing Division on a form approved by the County. Price shall be net and all invoices payable according to the Local Government Prompt Payment Act (F.S.218.74). IB -11 PERFORMANCE EVALUATION: At the end of the contract, the receiving department will evaluate the successful bidder's performance. This evaluation will become public record. IB -12 ARITHMETIC DISCREPANCIES: A. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bid forms as submitted by bidders: 1, Obviously misplaced decimal points will be corrected. 2. In case of discrepancy between unit price and extended price, the unit price will govern. Apparent errors in extension will be corrected. 3. Apparent errors in addition of lump sum and extended prices will be corrected. B. For the purpose of bid evaluation, the County will proceed on the assumption that the bidder intends his bid be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above, and the bid will be so reflected on the tabulation of bids. IB -13 DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by the contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidder wishes to make a substitution to the specifications, the bidder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution, and such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County. Specified items bid shall be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, or appropriate attachments. *7dmfo1 IA5000418 1113-14 QUALITY GUARANTEE: If any product delivered does not meet applicable specifications, or if the product will not produce the effect that the successful bidder represents to the County, the successful bidder shall pick up the product from the County at no expense to the County. Also, the successful bidder shall refund to Charlotte County any money which has been paid for same. The successful bidder will be responsible for reasonable County attorney fees expended to obtain compliance with this provision in the event the successful bidder defaults under this provision. IB -15 REGULATIONS: A. It shall be the responsibility of each supplier to assure compliance with any OSHA, EPA, and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply. B. Bidder must be authorized to transact business and be properly licensed in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Charlotte County will apply to any resulting contract. IB -16 CODE OF ETHICS: With respect to this bid, if any bidder violates or is a party to a violation of the State of Florida/Florida Statutes, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for Charlotte County. IB -17 COLLUSION: By offering a submission to this invitation for bid, the bidder certifies the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection with this bid: • any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor; • any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor; • no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; • the only person or persons interested in this bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into; and • no person or agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business. 18-18 SOURCE OF SUPPLY AND SUBCONTRACTORS: Bidders are to complete the attached Source of Supply and Subcontractors form. This form must be completed and included with the bid form. If bidder does not have a source of supply or subcontractor, insert "to be determined". When source or subcontractor is determined, selection will be subject to County approval. IB -19 DRUG FREE WORKPLACE FORM: It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the bid form. In the event of a tie bid, the presence of a valid and accurate form may be used as a basis for awarding the contract. IB -20 PUBLIC ENTITY CRIMES: In accordance with Florida Statutes Sec. 287.133(2)(x), "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods/services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list". IB -21 CAN CE LLATIONITERMINATION OF CONTRACT: The County shall have the right to cancel, terminate or suspend the contract, in whole or in part, by providing the Contractor 30 days written notice by certified mail. AM901*45000418 It is expressly understood by the County and the Contractor that funding for any successive fiscal years of the contract is contingent upon appropriation of monies by the Charlotte County Board of County Commissioners. In the event that funds are not available or are not appropriated, the County reserves the right to terminate the contract. The County will be responsible for payment of any outstanding invoices and work completed by the Contractor prior to such termination. IB -22 INDEMNIFY: After notification of award, the successful bidder shall indemnify and hold harmless the County, its officers, employees, agents and volunteers, from action, including any court costs or attorneys' fees arising from, or as a result of, any act or omission by bidder, its officers, employees, licensees, invitees, contractors, agents or assignees, in the performance of the services and/or the delivery of goods for which the resulting agreement was entered into. Bidder agrees that the first ten dollars ($10.00) of compensation received under the resulting agreement represents specific consideration for the indemnification obligation. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges and immunities of the County as set forth in Florida Statute 768.28. IB -23 TAXES: The Contractor shall assume liability for Local, State, or Federal Tax that is applicable to the work. IB -24 ASSIGNMENT: This agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Contractor without the prior written consent of the County. IB -25 EQUAL EMPLOYMENT OPPORTUNITY: Charlotte County, Florida, in accordance with the provisions of Title VI of The Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. All bidders are hereby notified that the successful bidder (Contractor) must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that: • No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program, activity or service funded through the contract. • Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, disability, national origin or marital status. Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractor will, in all solicitations or advertisements regarding program activities, services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. • County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records, accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws. It is expressly understood that County shall have the right to terminate the contract upon receipt of evidence of discrimination. IB -26 CLAIMING STATUS AS A LOCAL BUSINESS: If bidder affirms that it is a local business as defined below and in accordance with Ordinance 2009-005 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on February 17, 2009, and Ordinance 2009-041 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on October 19, 2009, then the Affidavit Claiming Status as a Local Business, which is included as a part of the bid form, must be completed. A. Local Business Definition: Local business means the company has a valid Business Tax Receipt issued by Charlotte County, Sarasota County or DeSoto County for at least six months prior to the bid submission to do business within Charlotte County, Sarasota County or DeSoto County that authorizes the business to provide the services or goods, and a physical business address located within the limits of Charlotte County, Sarasota County or DeSoto County from which the business operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a business shall not be considered having a "Local Business" unless it contributes to the economic development and well-being of these Counties in a verifiable and measurable way. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as 49cUfol 201 5000418 having a "Local Business". A business that misrepresents the local preference status of its company in a bid to the County will lose the privilege to claim local preference for a one year period. B. Competitive bid (local price match option): Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a responsive, responsible non -local business submits the lowest price bid, and the bid submitted by one or more responsive, responsible local businesses, as defined below, is within five percent of the price submitted by the non -local business, each of the aforementioned local businesses shall have the opportunity to submit, a best and final bid equal to or lower than the amount of the low bid previously submitted by the non - local business within five days of being notified by the Senior Division Manager of Purchasing in writing. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local business and a non -local business, contract award shall be made to the local business. If requested by the County, the bidder will be required to provide documentation substantiating the information given in this affidavit. Charlotte County reserves the right to request supporting documentation as evidence to substantiate the information given in this affidavit. Failure to do so will result in the bidder's submission being deemed non-responsive. IB -27 EMPLOYEE BACKGROUND CHECK: If an owner, except a stockholder in a publicly traded corporation, or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. IB -28 CONTRACTS PUBLIC RECORDS: Pursuant to Section 119.0701 of the Florida Statutes, Contractors performing government functions on behalf of the County must: a) keep and maintain public records associated with the contracted project; b) provide the public with access to public records pursuant to the terms of Chapter 119 of the Florida Statutes; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law; and d) meet all requirements for retaining public records, transfer at no cost to the County all public records in their possession upon termination of the contract, and destroy any duplicate public records that are confidential and exempt. ,96ddfol 1450©0418 TECHNICAL SPECIFICATIONS & CONDITIONS VEHICLES — ANNUAL CONTRACT BID NO. 2015000418 TS -01 PURPOSE: It is the intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. It is the specific purpose of this bid to establish a conditional contract for the required materials and to secure the cost and availability of the requirements for procurement from a source of supply that will give prompt and convenient service. TS -02 BID PRICESITERMS OF CONTRACT: Bidders shall bid unit prices, F.O.B., to Charlotte County Fleet Management, 18000 Paulson Drive, Port Charlotte, FL 33954. The prices bid shall include all costs for all transportation, labor, materials and equipment used in supplying and delivering said materials. Bid prices shall be considered firm from date of award through and including September 30, 2016. This bid may be extended/renewed for two (2) additional one (1) year periods, by mutual agreement, provided there are no changes in terms, conditions and prices. Current contract prices can be obtained by accessing the Charlotte County Purchasing Division's website at www.charlottecountvfl.com/r)urchasina under "Purchasing Bids Online", Historical Catalog. Historical searches can only be executed by keying in all or part of the project title. The previous Contract number for this project is 12-420 and is entitled 'ANNUAL CONTRACT - VEHICLES'. TS -03 DELIVERY: All bids will indicate the lead time required for the established quantities to be delivered. Successful bidder will be held to delivery dates. Failure to meet delivery or lead time necessitating Charlotte County to make purchases from other sources, shall cause successful bidder to be held liable for the difference of cost between awarded bid price and the cost of the required purchase from another source. Successful bidder shall notify Rick Kolar, Fleet Manager, or Dave Menges, Maintenance Control Supervisor, at a number to be provided to the awarded Bidder at least 24 hours prior to delivery. All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding legal holidays, unless otherwise agreed to by the receiving department. TS -04 ESTIMATED QUANTITIES: The exact quantities for this bid cannot be determined at this time, No minimum amount is guaranteed or implied. Purchase orders will be issued on an 'as required' basis. TS -05 SCOPE: A. GENERAL: The vehicles to be purchased under this bid are automobiles, sport utility vehicles, passenger vans, light duty vans, light duty trucks, and light duty cab/chassis. Light duty vans, trucks, and cab/chassis cover all models up to and including Class 6 (19,501 to 37,000 lbs. GVW). Contractors shall bid a percentage discount off of the Ford factory invoice, which shall include the vehicle base price, freight charges, and all factory production options. The invoice submitted will be verified by the County by using Kelley Blue Book's New Car Pricing. In the event of a discrepancy, the Kelley Blue Book New Car Pricing shall supersede the submitted invoice. Charlotte County shall participate in all fleet incentives, price incentives, and/or rebates available to the bidder in addition to the percentage discount bid. Each vehicle purchased under this contract shall include as part of the base vehicle price: vehicle preparation costs delivery • three (3) complete sets of keys The percentage discount submitted by Bidder should take these factors into account. 10 SlId00134500041 s From the date of the purchase order, the bidder shall have ninety (90) days to deliver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) vehicles with dealer installed options. The bidder shall be held to the stated delivery times, except in such cases where the delivery will be delayed due to a natural disaster. Natural disasters are defined as hurricanes or other acts of God. In these cases the bidder shall notify Charlotte County's Fleet Management Division in writing of the delays 30 days prior, when possible, to the original contract delivery date. Should a manufacturer experience production delays or a shutdown, Charlotte County reserves the right to cancel any outstanding orders and purchase said vehicle from another source. B. DEALER INSTALLED OPTIONS: Dealer installed options may include but are not limited to strobe lights, bedliners, utility bodies, and cranes. See TS -06, Criteria for Award, for the approved list of authorized manufacturers to be used for dealer installed options. Only manufacturers on this list will be accepted. The Fleet Management Division will provide the awarded bidder with updated lists of approved manufacturers for dealer installed options as needed throughout the contract period. All prospective bidders must provide a percentage figure above "actual invoice" for any dealer installed options performed by a sub -contractor, Copies of actual invoices must be provided as backup. Charlotte County Fleet Management will provide the awarded bidder a list of dealer installed options required for each vehicle as they are ordered. Upon request of these items, the dealer shall provide Fleet Management pricing, excluding markup, within three (3) working days. Responses must be either faxed to 941-575-3671 or electronically mailed to Richard. kolar(o)charlottecountvfl.00v and Kimberly.camobell(@charlottecountvfl.aov. C. VEHICLE CONDITION: The bidder shall be responsible for delivering vehicles that are new and unused, properly serviced, clean, and in first class operating condition. Pre -delivery service, at a minimum, shall include the following: 1. Complete lubrication and check all fluid levels to assure proper fill 2. Adjustment of engine to proper operating condition 3. Inflate tires to proper pressure 4. Check for proper operation of all accessories, gauges, lights, mechanical and hydraulic features 5. Cleaning of vehicle, if necessary, and removal of all unnecessary items such as tags, stickers and papers. DO NOT REMOVE WINDOW PRICE STICKER 6. Overall check for safe operating condition 7. All units must contain no less than 112 tank of fuel as indicated by the vehicle's fuel gauge at the time of delivery. If a vehicle is delivered with less than 112 tank of fuel as indicated by the vehicle's fuel gauge, the bidder shall be assessed $40.00 dollars. 8. If a vehicle is delivered with more than 250 miles but less than 500 miles as indicated by the vehicle's odometer, the bidder shall be assessed $0.50 cents per mile for all miles over 250. Vehicles with 500 miles or more as indicated by the vehicle's odometer may not be accepted. 9. All vehicles shall be delivered with three (3) complete sets of keys. If a vehicle is delivered without three (3) complete sets of keys, the bidder shall be assessed 10. Delivery does not constitute acceptance. Acceptance and authorization of payment will be given only after a thorough inspection indicates that the vehicle meets specifications and conditions listed herein. 11. Vehicles shall be delivered with each of the following documents satisfactorily completed: • Temporary license plate and/or county plate • Owner and/or operator manual(s). • Warranty certifications, including rustproofing, if applicable. • Copy of pre -delivery service report. • Window price sticker (still affixed). 12. All vehicles shall be equipped with all standard equipment as specified by the manufacturer for this model. All vehicles shall comply with the EPA Emission Standards, and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles, and OSHA standards CFR 29 1910/1926. The bidder understands that the bid covers a complete, fully operative unit, as specified by the purchase order and enclosures, including the mounting of all attachments and connections to the chassis. D. TITLE, REGISTRATION, AND PLATES: All vehicles delivered under this contract shall be titled and registered by the successful bidder in accordance with Florida Statutes Chapters 319 and 320. Awarded bidder shall send any necessary form(s), which must be signed by an authorized representative of the Charlotte County Board of County Commissioners, with the vehicle upon delivery. Awarded bidder shall obtain necessary signature(s) and complete the title and registration process for the County, provide a 30 day temporary tag, and return a County license plate within twenty-five days of the delivery of each vehicle. 11 150 IJ6.'"45000418 The County shall reimburse the Contractor for the actual fees involved in the title application, registration, and obtaining of new license plates as charged by the State of Florida. The cost shall be listed as a separate line item on the invoice presented for payment on each vehicle. Separate invoicing for this reimbursement will not be accepted. NOTE: Charlotte County is self-insured; therefore, a "Proof of Insurance" form is not required. TS -06 CRITERIA FOR AWARD: The award of this bid will be made to the lowest, responsive, responsible Bidder, who meets or exceeds the requirements of these specifications. The County reserves the right to reject the bid proposal of any bidder who has previously failed to perform properly, or on time, contracts of similar nature; or who is not in a position to satisfactorily perform the contract. If, after bid opening, the lowest bidder is deemed non -responsible by the County, such bidder shall receive written notice from the County of this determination. The bidder shall have five (5) business days from the date of this notice to dispute the determination and to provide to the County any additional information it deems relevant regarding the bidder's responsibility. The County shall make a final determination regarding the bidder's responsibility at the time of award of the contract. LIST OF AUTHORIZED MANUFACTURERS TO BE USED FOR DEALER INSTALLED OPTIONS includes, but is not limited to: EFFECTIVE 10/01/2015 1. EMERGENCY AND WARNING LIGHTS: 7. UTILITY AND STAKE BODIES: A. STROBE - NORTH AMERICAN SIGNAL A. KNAPHEIDE COMPANY B. READING B. ROTATING BEACON — TARGET TECH 8. CRANES: (FEDERAL SIGNAL CORP) A. AUTO -CRANE C. CORNER INTERCEPT --NOVA ELECTRONICS B. LIFT MOORE 2. BEDLINERS: 9. DUMP AND FLAT BED DUMP HOISTS: A. DURALINER A_ VENCO CONVERSION HOISTS B. RHINO LININGS B. RUGBY C. LINEX SPRAY IN 10. TRUCK AND VAN ACCESSORIES: 3. TOOL BOXES: A. SILVER SHIELD SYSTEMS A. DELTA B. TAILGATERS B. DAYTON C. MASTERACK 4. TRAILER HITCHES: D. AMERICAN VANS A. DRAW-TITE 11. SERVICE & PARTS MANUALS (CD OR HARD B. REESE COPY): 5. LIFT GATES: A. HELMS PUBLISHING A. TOMMY GATE 12. LAPTOP MOUNTS 6. ALUMINUM DUMP BODY INSERTS: A. KODIAK MOBILE CF31 IDOCK A. TRUCK CRAFT B. JOTTO DESK B. EZ DUMPER 13. REAR MOUNTED CAMERA A. ZONE DEFENSE 42 MOM 1011 5000 61 s BID FORM VEHICLES — ANNUAL CONTRACT BID NO. 2015000418 TO: Senior Division Manager - Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, FI. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Bid Form, and any other documentation for VEHICLES — ANNUAL CONTRACT and further agrees to furnish all items listed on the attached Bid Form in accordance with the unit price(s) submitted. The above specified documents are herein incorporated into the Bid Form and shall be defined as the contract documents. Please Note: For bid evaluation purposes, award will be based on the lowest total of the following vehicle and dealer installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for dealer installed options) submitted by each bidder. These quantities and descriptions are not actual and may vary considerably. They are only given as a means of determining I calculating the lowest responsive, responsible bidder. NEW VEHICLE PURCHASES: PERCENTAGE DISCOUNT OFF OF X FORD FACTORY INVOICE % X 3.05 3.05 % X SUB -TOTAL DEALER INSTALLED OPTIONS: VEHICLE FOR FACTORY INVOICE/DESCRIPTION $34,564.00 (2016 Explorer 2WD SU 4D Auto XLT) $35,875.00 (2016 F250 Super Duty Regular Cab XLT) PERCENTAGE DEALER INSTALLED OPTIONS MARK-UP X ACTUAL INVOICEIDESCRIPTION 0.00 % X $135.00 (Window Tint on a 2016 Explorer SU XLT) 0.00 % X $135.00 (Window Tint on a 2016 F250 XLT) SUB -TOTAL _ DOLLAR AMOUNT NET COST (LIST OF DISCOUNT PRICE LESS DISCOUNT) = $ 1,054.20 = $1,094.18 DOLLAR = AMOUNT OF MARK-UP _ $ 0.00 $ 0.00 -D $33,509.79 ']' $ 34, 780.81 $ 68,290.60 NET COST (ACTUAL -D INVOICE PLUS MARK-UP) $ 135.00 $ $ 135.00 $ 270.00 TOTAL COST OF PURCHASING ONE (1) 2016 FORD EXPLORER SU XLT WITH WINDOW TINT, AND ONE (1) 2016 FORD F250 SUPER XLT WITH WINDOW TINT: $68,560.60 Reminder: From the date of the purchase order, the bidder shall have ninety (90) days to deliver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) vehicles with dealer installed options. Please indicate by (�) that you have included the following documentation with your bid: ( ) Business Tax Receipt: (Only required if claiming status as a "Local Business" and must be valid for at least six months prior to the bid submission) Name of Bidder: BARTOW FORD (This form to be returned) 13 5*(9oj iP$5000418 Local Business Status: If Bidder affirms that it is a local business as defined in IB -26 and in accordance with Ordinance 2009-005 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on February 17, 2009, and Ordinance 2009-041 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on October 19, 2009, then the Affidavit Claiming Status as a Local Business, which is included as a part of this bid package, must be completed and returned. ❑Yes, our business qualifies as a Local Business and has completed and attached the 'Affidavit Claiming Status as a Local Business' as a part of our submission. rX No, our business does not qualify as a Local Business. NOTE: In accordance with Florida Statues, Section 119.071(1)(b)2; Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.071(1)(b)2 and s. 24(a), Art. I of the State Constitution, except as provided by Florida Statutes 255.0515, until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Upon release of the intended decision, if you wish to obtain the quote results, you may do so by visiting our Website at www.charlottecountvfl.com/ourchasina under "Purchasing Bids Online", document number 154184. No information regarding the submittal will be divulged over the telephone. Name of Bidder: BARTOW FORD (This form to be returned) 14 Toa 404 50 0041 8 If notified of the acceptance of this bid form, the undersigned agrees to execute a Contract for the stated compensation in the form as prescribed by the County, within the time constraints outlined in Instructions to Bidders. The signature below is a guarantee that the Bidder will not withdraw his/her bid for a period of sixty (60) days after the scheduled time for opening the bids. The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price bid. Addendum No. Dated Addendum No. Dated ; Addendum No. Dated Addendum No. Dated Addendum No. Dated ; Addendum No. Dated HOLD HARMLESS AGREEMENT: The bidding firm as indicated below, it's officers and members shall, through the signing of this document by any authorized party or agent, indemnify, hold harmless and defend Charlotte County, a political subdivision of the State of Florida, its officers, agents, employees, and volunteers from all suits and actions, including attorney's fees and all costs of litigation and judgment of every name and description brought against the County as a result of loss, damage or injury to person or property by reason of any act or failure to act by the bidding firm, its agents, servants or employees. Type of Organization (Please Check One): Individual Ownership Partnership Name of Bidding Firm BARTOW FORD Mailing Address 2800 US HWY 98 NORTH Location Address 2800 US HWY 98 NORTH City & State BARTOW FL Telephone (813) 477-0052 E-mail THEFORDTRUCKGUY(a)GMAI L.COM Signature of person authorized to bind the Company: Joint Venture Corporation X_ ZIP 33830 Fax plumber (863) 533-8485 Print Nameffitle of person authorized to bind the Company: RICHARD WEISSINGER COMMERCIAL FLEET SALES Date: 10/14/15 (This form to be returned) 15 1(01 44 5000418 AFFIDAVIT Claiming Status as a Local Business Bidder affirms that it is a local business as defined below and in accordance with the following: Ordinance 2009-005 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on February 17, 2009; and Ordinance 2009-041 adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on October 19, 2009. A. Local Business Definition: Local business means the company has a valid Business Tax Receipt issued by Charlotte County, Sarasota County or DeSoto County for at least six months prior to the bid submission to do business within Charlotte County, Sarasota County or DeSoto County that authorizes the business to provide the services or goods, and a physical business address located within the limits of Charlotte County, Sarasota County or DeSoto County from which the business operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a business shall not be considered having a "Local Business" unless it contributes to the economic development and well-being of these Counties in a verifiable and measurable way. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as having a "Local Business". A business that misrepresents the local preference status of its company in a bid to the County will lose the privilege to claim local preference for a one year period. B. Competitive bid (local price match option): Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a responsive, responsible non -local business submits the lowest price bid, and the bid submitted by one or more responsive, responsible local businesses, as defined below, is within five percent of the price submitted by the non -local business, each of the aforementioned local businesses shall have the opportunity to submit, a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local business within five days of being notified by the Senior Division Manager of Purchasing in writing. Contract award shall be made to the responsive, responsible business submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local business and a non -local business, contract award shall be made to the local business. If requested by the County, the bidder will be required to provide documentation substantiating the information given in this affidavit. Charlotte County reserves the right to request supporting documentation as evidence to substantiate the information given in this affidavit. Failure to do so will result in the bidder's submission being deemed non-responsive. Company Name: Signature: 11111110 Year Business Established: Circle the appropriate County: Charlotte DeSoto Sarasota State of Florida County of Sworn to and subscribed before me, a Notary Public, for the above State and County on this day of 20 Notary Public Commission Expiration (Affix Official Seal) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. This page to be returned only if Contractor is claiming a Local Business Status. 16 @M(Nb.j2r45000418 SOURCE OF SUPPLY AND SUBCONTRACTORS The following sources of supply and subcontractors shall be used for the VEHICLES — ANNUAL CONTRACT project. If bidder does not have a source of supply or subcontractor, insert "to be determined". When a source or subcontractor is determined, selection will be subject to County approval. (If not applicable, state NIA). Source of Supply Subcontractor(s) UTILITY/STAKE/FLAT BEDIDUMPIBODIES 1 ACTION/KNAPHEIDEIREADINGIWARNER/BLUE RIDGE/ EMERGENCY AND WARING LIGHTS FEDERALIWHELENISOUND OFFID&R ELECTRON IC/H ELLA 2. CRANES/HOISTS 2.LIFTMOORENENTURO/STELLARIAUTO CRANEIRUGBY LAPTOP MOUNTS HAVISIJOTTOIGAMBER JOHNSON/D&R ELECTRONICS 3 RACKS & BIN VAN PACKAGES 3 MASTER RACKIADRIN STEELIKARGO MASTER/ AMER. VAN SERVICE & PARTS MANUALS (CD OR HARD COPY) HELM PUBLISHING 4 REAR MOUNTED CAMERAS 4. ROSTRA/BACK ZONE SPRAY IN LINERS AND BEDLINERS WILL BE DONE AT BARTOW FORD TOOL BOXESIHITCH ESILIFT GATES/ALUM. DUMP INSERTS 5 UWSIDELTAIDAYTON/REESE/DRAW TITEIMAXONfrOMMY GATEIINVALTCOITRUCK CRAFTIEZ DUMPER DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that BARTOW FORD (name of business) does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Name of Bidder: BARTOW FORD Signature Dated 10/14/15 (This form to be returned) 17 Ef8c&ol t41500041$ 08-20-15 SELECTED VEHICLE REPORT page 1 of 5 ID: 16-24 Effective dates: 8/14/2015-8/20/2015 2016 Ford F250 Super Duty Regular Cab XLT INVOICE MSRP XLT 2WD Pickup 2D 8 ft ............................................... $33,343.00 $36,145.00 Destination Charge ................................................. $1,195.00 $1,195.00 SASE MODEL PRICE WITH DESTINATION CHARGE ............................. $34,538.00 $37,340.00 (Mfr's Effective Date 3/19/2015 Revised) 24 Month 36 Month 48 Month 60 Month Residual Values 0% 0% 0!� 0% * * * OPTIONAL EQUIPMENT Engine (Selection Required on All Orders) 996 V8, Flexible Fuel, 6.2 Liter .................................. Std. Std. (Req's Auto Trans -44P) Transmission (Selection Required on All Orders) 44P Automatic, HD 6-Spd w/Select5hift -Models w/996 6.2L Engine.... Std. Std. Mandatory Equipment Packages 603A Equipment Group ............................................... NIC NIC (See Std Equipment Listing) Accessory Equipment Packages 90L Power Equipment Group ......................................... Std. Std. (N/A w/Air Conditioning Delete -572) Includes Perimeter Alarm System; Power Door Locks; Keyless Remote Control Entry System; Clearance Lights; Dual Heated Power Mirrors w/Manual Fold, Turn Signals & Manual Telescoping Trailer Tow & Power Windows. Comfort and Convenience 525 Cruise Control ................................................ Std. Std. (Std w/Value Pkg-96V & Appearance Pkg-96P) Steering 62D Steering Wheel Touch Controls ................................. Std. Std. (Req's Communication & Entertainment System -91M) Entertainment and Instrumentation 91M Communication & Entertainment System, SYNC w/MyFord, Voice..... Std. Std. activation, AppLirk, 911 Assist & Vehicle Health Reports (Req's Steering Wheel Touch Controls -62D) Includes Compass, USB Port & SYNC AppLink. 585 Radio, ANE/FM Stereo w/CD & MP3 ................................. Std. Std. (C) Copyright 2015 by Kelley Blue Book Co., All Rights Resmed. Use of this report by other than the licensee is prohibited. We assume no responsibility For errors or omissions 59 of 114 ADMINISTRATIVE CONTRACT RENEWAL. APPROVALFORM VEHICLES - ANNUAL CONTRACT Contract #: 2015000418 Award Date: 11/1012015 Awarded By: BOCC Original Term: From: 11/1012015 To: 9/30/2016 Renewal Term: From: 10/1/2017 To: 9/3012018 Description & Background of Contract: This is an annual contract for the purchase of Ford Vehicles on an 'as needed' basis On November 10, 2015 when the Charlotte County Board of Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms, and conditions. In accordance with the contract documents, this contract can be renewed for one additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2017 through and including September 30, 2018. Contract Specialist: Alisa True Phone: 941-743-1549 Fax: 941-743-1384 Contract Specialist E-mail: alisa.true@charlottecountyfl.gov By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: Requested by: Richard Weissinger Bartow Ford Approved by: Richard Kolar Fleet Management Approved by: Kimberly A. Corbett, C.P.M., CPPB Charlotte County Purchasing Approved by: Hector Flores County Administration Roger Davis See Attached Signature/Date Kolar, Richard Kolar, Richard Jul 13 2017 12:13 PM Signature/Date Chcryl Masrin Cheryl Mastin Jul 13 2017 1:07 PM Signature/Date Raymond Sandrock Raymond 5androck Jul l3 2017 3:06 PM Signature/Date bU of 114 .ADiV IMSTRATIVE CONTRACT RENEWAL. APPROVAL FORM VEHICLES - ANNUAL CONTRACT Contract #: 2015000418 Award Date: 11 /1012015 Awarded By: SOCC Original Term: From: 11/10/2015 To: 9/30/2016 Renewal Term: From: 10/1/2017 To. 9/30/2018 Description & Background of Contract: This is an annual contract for the purchase of Ford Vehicles on an 'as needed' basis. On November 10, 2015 when the Charlotte County Board of Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms, and conditions. 1n accordance with the contract documents, this contract can be renewed for one additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2017 through and including September 30, 2018. Contract SpeClaliSt: Alisa True Phone: 941-743-1549 Fax: 941-743-1384 Contract Specialist E-mail: alisa.true@charlottecountyfl,gov By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Fiscal Reviewed by: Requested by: Richard W-issinger Bartow Ford Approved by: Richard Kolar Fleet Management Approved by: Kimberly A. Corbett, C.P.M., CPPB Charlotte County Purchasing 7/6/17 /Date� S Signature/Date Signature/Date Approved by: Hector Flores County Administration Signature/Date 61 of 114 Bid No.: 2015000418 Department: Fleet Management CONTRACTORNENDOR PERFORMANCE EVALUATION Title: Vehicles - Annual Contract ContractorNendor: Bartow Ford THIS FORM SHALL BECOME PUBLIC RECORD, THEREFORE, ALL ITEMS SHOULD BE COMPLETED THOROUGHLY AND EXPLAINED BASED ON FACT. Yes No 1. Did the ContractorNendor perform and/or deliver on time?IX 2. Was quality of product/service rendered in conformance with specs? 3. Did the ContractorNendor provide timely warranty service and/or repairs? 4. Did the ContractorNendor display cooperation in working out problems? 0 11 5. Would you recommend that Charlotte County continue to do business with the firm? Additional Comments (Optional): Modification and complex manufacture vehicles with special equipment takes 30-90 days longer than anticipated. However, they come in with conformance to spec and any changes that may be necessary are made without issue. This form shall become public record. By completing this form, 1 hereby attest that this form has been completed fully and accurately to the best of my knowledge. R Completed by: Richard Kolar 62 of 114 On If SES. T_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 11 April 2018 Agenda Item Title: Chevy Tahoe Police K9 Unit Recommendation: Purchase one (1) 2018 Chevy Tahoe 2WD K9 vehicle from Alan Jay Fleet Sales under the National Joint Powers Alliance Bid # 2018 -120716 -NAF for $48,514.35 Background: This requested purchase represents the replacement of a K9 unit that has reached the end of its service life. The balance of budgeted funds will be utilized to obtain additional required equipment for Police vehicles: radio, radar, ICOP, graphics, stingers and AED's. If Agenda Item Reouires Expenditure of Funds: Total Cost: $48,514.35 Amount Budgeted in Current FY: $350,000.00 (all police vehicles) Fund to Be Utilized for Appropriation: 310151-606400 (Police Vehicles and Equipment) Administrative Services Department/CFO Review: Attachments: 1. Vendor Quote 2. NJPA Contract #120716 -NAF City Manager Authorization: Date: 5 April 2018 63 of 114 OJPANational Joint Mowers Aiii.lun, Call Us first, for all of yotar Fleet Arttnmotive, & Light Truckneeds. Quote PHONE (800) ALANJAY (252-6529) DIRECT WWW.ALANJAY.COM 14534-5 Corporate 2003 U.S. 27 South MOBILE 904-838-4999 Mailing P.O. BOX 9200 Office Sebring, FL 33870 FAX 863-402-4221 Address Sebring, FL 33871-9200 ORIGINAL 31112018 112018DATE QUICK QUOTE SHEET REVISED 18120 8 DATE REQUESTING AGENCY SEBASTIAN, CITY OF CONTACT PERSON ALAN CLARKE EMAIL TClarkeacitvofsebastian.ora PHONE 772-589-1295 MOBILE 772-321-1235 FAX 772.589-5570 NATIONAL JOINT POWERS ALLIANCE CONTRACT # 2018 -120716 -NAF www.NationalAutoFleetGroup.com MODEL CC15706 MSRP $42,878.50 2018 CHE:VY TAHOE POLICE 1 FL 9C1 - 2WD CUSTOMER ID K9 NJPA PRICE $31,747.00 SUV All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GAZ HOU EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK CLOTH INTERIOR $0.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------ -------------------- L83 MYC 5.31. DI V8 WITH 6 -SPD AUTO TRANS $0.00 --- - - ------------ - ------------------------------------------------------------------------------------------------ -------------------- 9U3 STS 40/20/40 CLOTH SPLIT FRONT BENCH WITH CENTER SECTION OF SEAT REMOVED & VINYL REAR BENCH. $0.00 - ------------ -- -------------------------------------------------------------------------------------------------------------------------------- -------------------- AMF (6) ADDITIONAL REMOTES $70,00 -------------------------------------------------------------------------------------------------•---...----------------------------------------- ------•-- ---------------•-- 5HP (6) ADDITIONAL FACTORY KEYS FOR SPECIAL SERVICE VEHICLE $35,00 --.----------- -- ----------------------------------------------------------------------------------------------------------------------------------------- ---------------- --VK3- ---- ............ --FRONT-LICENSE---- PLATE BRACKET---FACTORY--ORDERED----$O.DO ------------------------------------------------...----... -------------------------------------------------------- -------------------- FACTORY OPTIONS $105.00 CONTRACT OPTIONS NOTEMP K7X6LED ----------------------- MAG ----------------------- C-VS-1013-TAW-1 ------------------ USB -------------------- PKG-PSM-276 UT -1001 ------------------ C-ML-MLB-LED ------------------ STPUMP-LED-RB ST-DLX6-2-RB-RQG ------------------- ST-=6-4-RB-GL --------------------- STLDHF311-W --------------------- SO-ENL360(X)-L --------------------- SUV VAULT 1 E/Z RIDER ------------------------ HP ---------------------- HP 5020 --------------- W DISH G5000 ------------------ DO NOT MOUNT - ---------•---------- GR WRAP ----------------------- DESCRIPTION TEMPORARY TAG DECLINED ---------------------------------------------------------- --- ---------------------------------------------------------------- KERR INDUSTRIES LEFT HAND SPOT LAMP (LED) -- - ----••----------------- ----------------------------------------------------------------------------------------------------- MAGLITE RL7019 LED MAG&CHARGER --------------------------------------------------------------------------------•--------------------------------------------------- HAVIS 2015+ TAHOE 23" CONSOLE WITH (2) CUP HOLDERS (C -CUP -2-1), FLIP UP ARMREST (C -ARM -103), MIC BRACKET SHIPPED LOOSE FOR CUSTOMERTO INSTALL (C-MCB), AND STD 12V RELOCATION+ (2) ADDITIONAL 12V OUTLETS. CONSOLE TO INCLUDE NECESSARY FILLER PLATES. - ---- --- ---------------- ---------------- - ------ ---------------------------------- INSTALL FACTORY 12V AND USB PLUG INTO BLANK FACE PLATE ---------------------------------------------------------------- -------------------------------------------------------------------- HAVIS PREMIUM LAPTOP PACKAGE INCLUDES: BASE, POLE W/ ADJUSTABLE HEIGHT, SWING ARM MOTION DEVICE WITH TILT -SWIVEL & STABILITY SUPPORT ARM, CRADLE NOT INCLUDED. ----- -----------------------------•-------------------------------------------------------------•-------------------------------- HAVIS STANDARD UNIVERSAL RUGGED LAPTOP CRADLE - —.1 ----------------- --------------------------- -------- ---------------------------------------------------------------- HAVIS LED MAP LIGHT WITH EXTERNAL MOUNTING BRACKET - - - - - - - - - - - ------------------------------------------------------------------------------------- STAR Emergency Lighting Deluxe unmarked patrol package. Dual Color LED for front (Model UL628) and rear (Model ULB48); interior undercover bars. Extremely thin profile. All white forward facing takedown/pursuit lights & traffic director. (Model LCS850) UNISTAR control for lights, sirens, PA. (D-44-16) 100 Watt speaker with vehicle specific bracket. Plus (two) Surface mount LED lights model (DLX6) with mounting brackets. (RED/BLUE) • ---------------------------- ---------------------------------------------------------------------------------------------- STAR 6 -DIODE HI INTENSITY ZED'S, GEN 4 (RED/BLUE) MOUNTED IN REAR QUARTER GLASS. --------•----•-------------------------------------------------------------------------- --- --- --- --- -- - - - - - ---------------- (4) STAR 6 -DIODE HI INTENSITY LED's, GEN 4 (RED/BLUE) MOUNTED ON WRAP AROUND PUSHBUPMER ------•----------------------------------------------------------------------------------------------------------------------- STAR WARNING PRODUCTS FOUR CORNER LED KIT, INSTALLED ----------••----------------------------------------------------------------------------------------------------------------------- (Pair Left/Right) nLINE 60" LED Surface Mount Running Light, 10-16v, (1) Left (1) Right Exit - ONE Red/ ONE Blue --- - -------------------------------------------------------------------------------------------•----------------------------- American Aluminum SUV Vault powder coated black with single drawer includes 4" basket top, width wise divider, and foam insert ------------------------------••-- - ------------------------------------------- E/Z RIDER K9 UNIT- PLATFORM SYSTEM ------------------------------------------------------------------------• --------------------------------------------------------- K9 Hot -N -Pop Pro Temperature alarm and door opening system. Includes: Horn Activation, Siren Activation, Light activation, Dual Window drop and one door pop remote with holster. No K9 Left Behind, engine stall sensor, remote pager module with decal antenna, 10" fan, activation module and manual switch. --•---------------------------------------------------------------------------------------- Water Dish - Vehicle Specific --- - ------------------------------------- -- ---- ---------------- -------- PRO GUARD SINGLE GUN RACK INSTALLED HORIZONTALLY ABOVE K9 DOOR ON FRONT OF CAGE. - - - - --------------------------------------------------------------------------•--------------•--..... CUSTOMER REQUESTS GUN MOUNT TO BE SHIPPED LOOSE, DO NOT MOUNT ------------------------------------------------------------ $0.00 --$605.00 $205.00 $749.00 $0.00 -------------------- $689.00 -------------------- $350.00 $177.00 $3,154.40 -------------------- $26100 -------------------- $526.00 ------------------- $5 85.00 -------- -------- $585.00 $983.00 ----------------- $1,245.00 -------------------- $2,355.00 --------- ---------- $2,990.00 -------------------------------------------------------------- ------ GO RHINO PUSHBUMPER WITH PS WRAPS 64 of 114 ------------------------------------------------------------------------------------------------------------------------------------ ------ NJ PA -SEBASTIAN, CITY OF-CC15706_14534-5_Quote.pdf Page 1 of 2 $89195 $395.00 $0.00 $976.00 1/111Al �pVTPA — 41C— NAtionat Join[ Powers Alliancr' NATIONAL JOINT POWERS ALLIANCE BID # 2018 -120716 -NAF www.NationalAutc)FleetGroup.com INSTALL INSTALL CUSTOMER PROVIDED ICOP SYSTEM, RADAR, RADIO & ANTENNAS, - $325.00 ----------------------------------------------------------------------- 3 0 EXTENDED WARRANTY DECLINED - $Q.QQ -------------------------- -------------------- CONTRACT OPTIONS $16,662.35 TRADE IN TOTAL COST $4$,.511.35 $0.00 TOTAL COST LESS TRADE IN{S} QTY 1 $48,514.35 Estimated Monthly payments for 60 months paid in advance: $890.50 Municipal finance for any essential use vehicle, requires lender approval, WAC. Comments VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christv.selfrcDAlanJav com "7 Want to be Your Fleet Provider" ! appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. I am always happy to be of assistance. 65 of 114 N1PA-SEBASTIAN, CITY OF-CC15706_14534-5_Quote.pdf Page 2 of 2 WJPA National Joint Powers Alliance National Auto Fleet Group _ A D1vfv Wn of CAwrafct of WzLmo"Ino 2018 Model Year Florida Price Schedule CONTRACT # 120716 -NAF ----- / 7L- Elf y' OA IEZ70 LI HCOLN Jeep 1 - q, MAS LEATI 5330 US HWY 27 SOUTH, SEBRING FL 33870 863-402-4234 CHRIS.WILSON@)ALANJAY.COM SCOTT.WiLSON@ALANJAY.COM CH RISTY.SELF(cDALANJAY.COM 66 of 114 . .... i.. �. '-. .i. r`i inun� ................ f'• - Itntry! Ht tt�•11 �'• 1__ 1/ Nt[ul! II Ili i I` f t•IIMI�"1" ."i. ."' Mr. Chris Wilson Alan Jay Automotive Network .. 441 US Hwy. 27 North Sebring, FL 33871 Authorize(ion # 7300 Renewed i a'A• � iL t'.�. •; : c�So- s i r'�►r' ' � d"ly� c aks . c •r''Sr. s' �'!� �.{S. ' ��1r •.�i�[i��t Nl[tU! A4 '}1U11/iwt °�1i�' �w� rrr.w-lilitlSNWYIflIIi 44+ty,� I,f� h Recitals: Nanonal Auto Fleet (iroup, a wholly owned subsidiary of Chevrolet of Watsonville was the successful bidder on the National Joint Powers Alliance hid numlvr 120716 "VEHICLES, CARS, VANS, SUV'S AND LiGHT TRUCKS WITH RELATED AC'C'ESSORIES". e The >uhucluun[ contract resulting from hid number 120716 does not expire until January 17, 2021. In an etTort to provide fms,etwer cars, light duty ntediurn duly and hc_avy duty trucks with arcvessories, National Auto Fleet Group elected to create Alan Jay Automotive Management, Inc. an APPROVED ASSOCIATE I)F.4LFR. Your proposal ofl&ing is herehy accepted and is awarded for Alan Jay C'hevwilet Cadillac. Inc, d/b/a Alan Jay Chevrolet Buick GMC Cadillac, Alan Jay ford Lincoln Mercury, Inc. dib/a Alan Jay Ford Lincoln, Alan Jay Import Center Inc. d/b/a Alan Jay"I oyow. Alan Jay Enterprises of Wauchula, Inc., d/b/a Alan Jay Chrysler Dodge Jeep of Wauchula d/b/a Alan Jay Chevrolet a of Wauchula, Alan Jay Ford of Wauchula. Inc., Alan Jay Chrysler Jeep. Inc. d/b/a Alan Jay Kia. Tropical Chevrolet. Inc. As an ASSOCIATE I)I-.,AI.,i_R, you are now hound to terms and conditions of the ASSOCIATF DEALER AGRFEMENT. K National Aute Fleet Group has selected Alan Jay Automotive Management. Inc. to conduct business within the states ofFlorida, Alabama, Georgia, North Carolina, and South Carolina to sell service and deliver Passenger Cars, Light. iiiediwn & I•lcwq Maty 1'rucks under our national contract 120716. to any city or county, political sub -division. ' 11.11) 1- ROM 1'-17 'tilts I'IIRot 1.11 111"7x~11:'1 ALAN JAY AUTOMt7 rm. NETWORK NATIO AL AUTO FLEET GROUT' X- _--- --- - .. X Y j . z Chris Wilson, Fleet Sales Manager dc.. a Cooper. National illnnac•r 441 US Hwy. 27 North `.-,490 Auto Center Drive Sebring, FL 13870 Watsonville, CA 95076 v •,hamW. a?;rKi«i�;iti;,d�r�CCir _ Y .� �Y� � � Y. >�Y� ��►� lltf;'Y� �y .Y� � . Lt �� �� t �Y � �+1r� $nliDlf� - - o% io January 16, 2017 72 Hour LLC, dba National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 Dear Mr. Cooper: Congratulations! You have been awarded an NJPA national contract for procurement of "Vehides, Lars, Vans, SLIV's, and Light Trucks with Related Equiprnevt. Acce sories ar'd Services " Your proposal was accepted, deemed responsive, evaluated, and recommended for award by WPA's Evaluatro.-: Committee as a solution to meet our members' needs. NJPA's Chief Procurement officer and the Executive fkrector have approved a contract award to 72 Hour LLC, dba National Auto Fleet Group, and tNs award will be effeclive on the date stated jr; the Acceptance and Award document_ This award means that you are now an 'NJPA Awarded and are part of a select group of world. class verdors. We have attached the N)PA Acceptance and Award. Please check to make sure that your organization's authorized representative has signed this docunvmt and has provided a fr,,tyexecuted copy to NJPA. Mike Domin iiyour NJPA Contract Adrr" init..r ator and wO be ccrtact«g you soo-n to discuss plans to make this contract a success foryou and our members Here i` Mike's contact mfor-ration. Office Phone: 218-895-.x148 Cell Phone_ 218-838.4545 Email: mitre dor^1nC&r ,D ico]o ori S'.ncerely Jonathan Yahn Contracts and Compliance Manager cc: Mike Dolnvin 202 12" Street NE a P.O. Box 219 • Staple-,, MN 56473 68 of 114 (863)402-4234 Chris.wllson@zilanjay.com scott.wilson@alanjay.com Christy.self0alanjay.com ROW YEAR MAKE MODEL CODE MODEL DESCR)PTION WJPA National Jofn1 Paymm Alliance EST. MO. CONTRACT PAYMENT PRICE 1 2018 CHEVY CCIS706iFL9CI $597 � $ 31,747 ? 2028 CHEVY TAHOE POLICE 2WD (CC157061FL 9C1) , -- 2 2016 CHEVY CK157061FL 9C1 $fi49 $ 34.546 2018 CHEVY TAHOE POLICE 4WD (CK15706 1FL 9C1) - 3 2018 CHEVY CK157061FL5W4 f 5637 $ 33,912 2018 CHEVY TAHOE SPECIALSERVICE4WD (CK15706IFIL 5W4) 4 2018 CHEVY IBR691SB I $308 s 16,386 2018 CHEVY CRUZE 1L5 (16R691SB) 5 201$ CHEVY 1BT691SD 5343 $ 18,230 2018 CHEVY CRUZE 3LT (1BT69 150) 6 2018 CHEVY 1GX69 $412 $ 21,916 2018 CHEVY IMPALA IFI -4 CYL(1GX69) 7 2018 CHEVY SGX69 $401 $ 21,364 2018 CHEW IMPALA;FLV6 1GX69 8 201$ CHEVY 1GY54 $ 24,;43 2018 CHEVY IMPALA 1LT 4 CYL (1GY69)$454 'i 9 2018 CHEVY 1GY69 5443 s 23,591 i 2018 CHEVY IMPALA ILTV6 IGY69) 10 2018 CHEVY IZC69 $317 $ 16,856 2018 CHEVY MALIBU 1FL (1ZC69) 11 2018 CHEVY 1ZD69 $351 $ 16,676 2018 CHEVY MALIBU 1LT 1ZD69 12 2018 CHEVY LV691SD $332 $ 17,673 2018 CHEVY SONIC LT(11V69 ISD) 13 2018 CHEVY IDR48158 5256 $ 13,604 Zola CHEVY SPARKLSCVT{IDR48158 14 2018 CHEVY 1FB48 LT $624 $ 33,224 2018 CHEVY BOLT 0!(2018 order bank opens 9/1/17)(SF548 LT) 15 2018 CHEVY 1RF68 $569 $ 30,287 2018 CHEW VOLT LT IRF68) 16 2018 CHEVY 1XPZ6 $382 $ 20,302 2018 CHEVY Equinox 2WD LS (1XP26) 17 2013$ CHEVY 1XR26 $404 $ 21,477 2018 CHEW Equinox 2WD XT1XR26} is 2018 CHEVY iXR26 $446 $ 23,747 2018 CHEVY Equinox 2WD 2LT 2.oT Model (1XR26) 19 2018 CHEVY iXR26 $471 $ 25,073 201$ CHEVY Equinox 2WD UT DIESEL Madel 1XR261 2D 2018 CHEVY 1XX26 $413 $ 21,960 2018 CHEVY Equinox AWD LS (1X%26) 21 2018 CHEVY 1XY26 $435 $ 23,135 2018 CHEVY Equinox AWD LT (1XY26) 22 2018 CHEVY IXR26 $512 $ 27,248 2018 CHEVY Equinox AWG 2LT 2.OT Model (1XR26) 23 2018 CHEVY 1XY26 $502 $ 26,731 2018 CHEW Equinox AWD 3LT DIESEL Made[ (M261 Z4 2018 CHEVY 1NB56 5461 $ 24,531 2018 CHEVY TRAVERSE ZWO 1L5 (IN955) 25 2018 CHEVY 1NB56 $473 $ 25,166 2018 CHEW TRAVERSE 2WD 1FL (;NB56) 26 2018 CHEVY 1NC56 $506 $ 26,900 2018 CHEVY TRAVERSE 2WD ILT(1NC56) 27 2018 CHEVY 1NV56 � $497 $ 26AZ6 2018 CHEVY TRAVERSE AWE) ILS (1NV56) 28 2018 CHEVY INV56 55D9 $ 27,061 2018 CHEVY TRAVERSE AWD 1FL (MV56) 29 2018 CHEVY 1NW56 $552 $ 29,359 2018 CHEVY TRAVERSE AWD 1LT2FL (1NW56) 30 2018 CHEW CC3570611.5 5699 S 37,205 2018 CHEVY TAHOE 2WD ILS (CC1S706ILS) 31 2018 CHEW CC15706 1LT $790 $ 42,013 261$CHEVY TAHOE 2WD SL3 (CC157061LT) 32 2018 CHEW CCi5706 LTZ $958 $ WAS 7nI8 CHEVY TAHOE 2W0 I1Z PREMIER (CC157M LTL) Alan Jay NJPA Schedule 69 of 114 CHEVY Page 1 of9 CAC* SE�� TN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 11 April 2018 AGENDA ITEM TITLE: Alcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Feathers Engagement Party at the Yacht Club. BACKGROUND: Michele Feathers is seeking Council approval to serve alcoholic beverages at the Yacht Club on Sunday, 29 April 2018 from 1:00PM to 6:OOPM. Staff has verified Applicant's date of birth. They are expecting 50 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: NIA Administrative Services Department/CFO Review: I ti i ATTACHMENTS: 1. Facility Rental Permit Application 2. Receipt{s} City Manager Authorization: �j //i�/U//- Date: 03 April 2018 70 of 114 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION Cm 'If SEBAsT_" HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 rnhernandez@cityofsebastian.org Office Us 0 lyl $250 Security Pd: )- '' G'✓( Date inikiafs 6.8% Tax . Rental Fee �I C7 tr:� ,�� Total Rental Pd: � 2- Datd Initials City Manager Approval: Date Initials City Ccuncii Approval Date (if applicable) Police Hire Verification: (If applicable) Initials Date: `/)Z)l �� ❑ Community Center d Yacht Club Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address 2 Mailing Address (if different) /,\ja �cT�� 4ir City State Phone E -Mail Reason for Rental — Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) APP: 1 L `7 20 9' f Grz7 6i: CC7 P -m Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? /V0 3) Will alcoholic beverages be served? yi✓7 /l If yes, please provide govt. issued ID proof of age Date of Birth Verified 6y I, the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the Cit)/ of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have a0plied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in 7rt or full, of the security eposit. r Signature of Applicant 71 of 114 CITY OF SEBASTIAN 1 195 PARKS & RECREATION RECEIPT NameA01,5(,' ❑ Cash Date ''>`'� 3 ❑Ch ck# -evt_+4� `X c - Credit Total Paid 1�'f4 Initials White - Dept. of Origin - Yellow - Admin. Svcs. • Pink - Applicant 72 of 114 Amount Paid 001001 208001 Sales Taxi Q' c' 001001 220000 Security Deposit 001501 362100 Taxable Rent i Sb_ Vo 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Total Paid 1�'f4 Initials White - Dept. of Origin - Yellow - Admin. Svcs. • Pink - Applicant 72 of 114 Cm Of 5EBVkS"AI� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: 11 April 2018 AGENDA ITEM TITLE: AIcohol beverage approval. RECOMMENDATION: Approve alcoholic beverages for Burton Birthday Party at the Community Center. BACKGROUND: Connie Burton is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, 19 May 2018 from 4:OOPM to 8:OOPM. Staff has verified Applicant's date of birth. They are expecting 70 people. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: Ohl ATTACHMENTS: City Manager Authorization: Date: 03 April 2018 1. Facility Rental Permit Application 2. Receipts) 73 of 114 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 0h Cf SEBAST AN KomE OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8248 mhernandez@cityofsebastian.org Office Use Only: $250 Security Pd: 3-1 - 113 D eitials Rental Fee 3W 21.7E 3 41, %'lo 6.8% Tax Total Rental Pd:`d Date Initials City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials Date: 3-1-1 5 Community Center ❑ Yacht Club C'�'Vrtot e- �\"3 �.)fto v`1 Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) I S 6 D r,) (",I Ck,-) -&_ Physical Address f Mailing Address (if different) City _ State Phone E -Mail i ✓ 1 1'tG G'/ 1 c ✓ Xtion Reason for Rental-lfypeof Fun 5 70 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) 5 --RC1- I S C_b V_ 9 -) - r`/ - Sof UP-CeCI1"7 Requested Date Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Time: From To V1 T) V(e S Wl- 7 - Date of Birth U rified by I, Ccs ,-i i^' -e 1�) ,i,_(� In , the undersigned, acknowledge that I am the applic t or authorized agent of the above referenced organization, that I am aware of the provisions of the City f Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have ap lied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $25 .00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, off the security deposit. Signature of Applicant 74 of 114 CITY OF SEBASTIAN 1 182 PARKS & RECREATION RECEIPT Names IV K (,C. 3 , XCash Date 3 - '" f CI Check # -Git'�'� J "L - 3 ❑ Credit Amount Paid 001001 208001 Sales Tax _-7 G 001001 220000 Security Deposit 001501 362100 Taxable Rent moo' QO 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services LP V44- Total Paid r -7L Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 75 of 114 ima SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: 11 April 2018 Agenda Item Title: City Manager Search Recommendation: Take action on City Manager Contract — if available. Background: At the 10 January 2018 Council meeting the City Manager presented Council with a `retirement' date of 9 May 18. On 24 January 18, Council approved a contract with Colin Baenziger & Associates (CB&A) as the firm to conduct a recruitment for a `new' City Manager. That search, and subsequent recruitment, culminated on Wednesday, 4 April 18 at a Special City Council meeting. At that meeting, Paul Carlisle was selected unanimously by Council as Sebastian's next City Manager. Susan Hann was selected, unanimously, as alternate. The City Attorney has been tasked with the assignment of contract negotiations with Mr. Carlisle. Contingent upon the outcome, and timing, of those negotiations, a contract may, or may not, be available for Council consideration at the 11 April 18 meeting. If a contract is made available to the Manager, it will be moved forward to Council for immediate review. Administrative Services Department/CFO Review:" `,;:: 2C -,j-.1 City Manager Authorization: Date: 6 April 2018 amx SES T_N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: I 1 April 2018 Agenda Item Title: FPL SolarNow program Recommendation: Approve agreement with FPL to construct, manage, and maintain a Solar Canopy at the Splash Pad. Background: On 26 July 2017, Council was presented a Solar proposal by Anuj Chokshi, FPL Solar Projects Manager. The proposal focused on FPL's program to bring Solar projects to communities at no cost to the host community. The City Manager and FPL representatives investigated three (3) City sites that would match City requirements and FPL qualifications. Although the 3 sites were depicted in the presentation, one site made the `cut' as the most favorable to both parties — the City's Splash Pad facility. The Splash Pad currently has a shade structure. Contingent upon Council approval of the agreement, the Splash Pad shade structure would be removed and a canopy erected by FPL with Solar Panels on top of the structure. Major particulars of the agreement provide for: 1. Fifteen (15) year Operating Term of the Agreement 2. Approximately $800 rent/yr payable to the City of Sebastian 3. Adequate Insurance and Indemnification protections for the City If Agenda Item Reaui;res Ex[ienditure of Funds: NIA Administrative Services Department/CFO Review: 6- . j� [ - Attachments: 1. FPL SolarNow Program Presentation — 26 July 2 7 City Manager Authorizatio Date: 5 April 2018 n: 2. Master Solar Lease Agreement. 77 of 114 FPL FPL SolarNowTM Program Community Based Solar Offering Sebastian FPL SolarNowTM is an easy way to bring clean solar energy to your communities FPL SolarNowTM Program Overview 1. Customers volunteer to support the program 2. FPL builds community solar projects at no cost to the host 3. Host sites partner with FPL to provide the space/location 4. Solar energy built in local communities RM uu� 0 2 FPL FPL SolarNowTM projects offer several benefits to Sebastian Benefits to Sebastian • Solar structures raise awareness of solar energy • Brings solar generation into the community • Offer very attractive designs that attract people • Complements other investments in renewable energy and efficiency • Promotes sustainability programs 3 7� SM =ous . -6 i Artist renderings 10 FPL Our latest canopies have the flexibility to provide solar power and shading for a wide variety of applications Beautiful Canopv Designs dO .ci' •at Y:,tY _ice 00 0 114 1, 1111,14 k" 'Wo FPI — There are 2 models of solar trees Solar Tree DesigL s Curve solar tree is approximately 18 feet tall and creates up to 120 square feet of shade • Integrated table and USB chargers • Lift solar tree is approximately 24 feet tall and creates up to 200 square feet of shade M n Artist renderings 1 FPL Our designs have the flexibility to provide solar power and shading for a wide variety of applications Beautiful Solar Structures in the Community 0 FPL w n Sebastian Riverview Park Solar Canopy - Rendering Artist Rendering. Actual structure may vary 0 7 FPL I n Sebastian Riverview Park Solar Canopy Renderinq -- Splash Pad Before Artist Rendering. Actual structure may vary 1 FPL Sebastian Riverview Park Solar Canopy Rendering — !rr Veterans Memorial F te, . . s. Artist Rendering. Actual structure may vary 9 0 FPL Sebastian Bark Dog Park Solar Tree Rendering CO k r.1. 0 FPL Signage will showcase our partnership and commitment to a clean energy future On -Tree Medallion ` ^Sc)Iar � Sign FRONT BACK %aText Back 111111111111i:!::111� iste Branding vn� •f ,tom � ^* "^ }t"yr". ' *Text Back Plate - "Text SolarTreel to MYFPL (693575) to learn how you can help plant a solar tree in your community." *22" Medallion; 6" Text Back Plate 11 0 FPL Signage will showcase our partnership and commitment to a clean energy future FPL00���" AP Together, We're Bringing Clean. Solai Eneigy Closei Ahethet you qrc:: up m the sun at you moved here r*r it the sort a e q u,n cr .,•x 'Hakes Flcnda suctl a heauatul place to We kook and do business At FPL - . edmmatetl toeegnq rt that way by amrancog the use of clean solar energ, 1n +pct ..c ve teen leading the etpanswn of sola• enHgy Ih Flo vla Sot mote than a decade .Incl Hu re [unt•nutV the ,wrney by [dnp's'9ng ergnt nen unmemal sVa4 power plants by 2018 - Mal b enough 90 1)0+el enough to pu,w& Mout 120 0001•dmeb 'rrougn parmomrops >rnh schools. "finessesand local communrtres. ~•+* re i'sa rrea" ri mum vei% a, wa• r mels across -e Male Ana wart TFL Solvrr7O.. "' an4 :.'t suc=c : r decote I cus:=one's i .e -au =e •a t•m:��r. s.'a. _nerq. i ,cO c•.,• J,•n✓,,1';, j,., .r.I,._' _trlr ., fir'• _,,.-1, jr 1 1 11 1 u ... ....:: i J" :�.3": :I'. �4 I. •.��I1.. .. l3.:r I've .' L,., :! n.e ,iSJ!e . rte. .: a' hnPi^. i ^fits it r'• :, ' "�:f'^ll"S`e'S d 4 - 66" Ground Mount Sign 0 FPL FPL Redline 2-16-18 MASTER SOLAR LEASE AGREEMENT THIS MASTER SOLAR LEASE AGREEMENT ("Agreement") is made this day of , 20 ("Effective Date"), by and between City of Sebastian ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). Lessor and Lessee are sometimes individually referred to herein as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, Lessor is the fee simple owner of those certain real properties located in Indian River County, Florida, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (each individually and collectively, the "Property"); WHEREAS, within and upon each Property, Lessor desires to permit Lessee to utilize the areas depicted on Exhibit B attached hereto and incorporated herein by this reference (each individually and collectively, the "Demised Premises") upon the terms and conditions set forth in this Agreement; and WHEREAS, Lessee desires to lease the Demised Premises from Lessor, and Lessor desires to lease the Demised Premises to Lessee, for the installation of certain renewable energy generating equipment, including, without limitation, solar panels, solar canopy structures, electrical power inverters, interconnection equipment, electrical wiring, underground conduit, collection lines, wire management systems, charging stations, electric meters, metering and switch cabinets, power distribution boxes and racking systems (individually and collectively, the "Equipment") upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Demised Premises: and Addition of Pronertv and Demised Premises. (a) Demised Premises. Lessor hereby demises and leases the Demised Premises to Lessee, and Lessee hereby leases the Demised Premises from Lessor, upon the terms, covenants and conditions set forth in this Agreement. (b) Addition of Property and Demised Premises. Upon the mutual written agreement of each of the Parties, including as to the type of Equipment that will be installed, Exhibits A and B may be amended from time to time to include additional Property and/or Demised Premises. In such case, all terms and conditions set forth in this Agreement shall apply to such additional Property and Demised Premises; provided however, with respect to such additional Property and Demised Premises, the Construction Tenn and Operating Term (as each are defined hereafter), shall be calculated commencing from the effective date of the amendment adding the specific additional Property and Demised Premises, accordingly, and in the case of the Operating Term, an additional six (b) months after such date. 1 90 of 114 FPL Redline 2-16-18 2. Use. The Demised Premises may be used by Lessee for the purposes of constructing, installing, operating, inspecting, maintaining, repairing, enlarging, modifying, removing, testing and replacing the Equipment and any additional equipment required to generate, measure, and transmit solar power, together with the following rights: (a) Access. The right of ingress and egress to and from the Demised Premises over the Property necessary to access the Demised Premises. (b) Sienaae. The right, at Lessee's sole cost and expense, to install signage on and around the Equipment and on, over, under, through and across the Demised Premises at the point of access to the Equipment (to the extent allowed by applicable law) for any and/or all of the following purposes: (i) identifying Lessee's ownership of the Equipment and prominently displaying Lessee's corporate name, trade name(s), trademark(s), and Iogo(s) on the Equipment and all structures supporting the Equipment; (ii) describing the Equipment and its purpose and operation to interested parties accessing the Demised Premises (i.e. telling the distributed solar generation story); (iii) instructing parties accessing the Demised Premises to use caution so as not to damage the Equipment; and (iv) provide all necessary safety and hazard warnings. The location, design and content of such signage shall be subject to the prior approval of Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Such signage shall be removed by Lessee upon the final removal of the Equipment from the Demised Premises in accordance with the terms of this Agreement. Subject to Section 6(a) below, Lessor shall have the right, at Lessor's sole cost and expense to co -brand on Lessee's signage, provided that Lessor first obtains Lessee's prior written consent, which Lessee may approve or withhold such consent in its absolute and sole discretion. (c) Power Monitoring. The right to incidental access and use of Lessor's electrical systems for purposes of powering Lessee's computer equipment used in monitoring the power generated from the Equipment at the Demised Premises. Additionally, if, and so long as, Lessor provides an internet access system for use by guests and other visitors to the Property, Lessor will permit Lessee to use, at no cost to Lessee, such internet access system in connection with Lessee's power monitoring system described in the preceding sentence, and Lessor shall provide Lessee with the necessary access codes and other necessary information to use such internet access system; provided, however, Lessor does not warrant the stability, security or continuous operation of any such internet access system. (d) Non -Exclusive Use. Lessee's use of the Demised Premises is non- exclusive. Lessor and Lessee recognize and acknowledge that the Demised Premises is a public space and shall be accessible by the public at all times, except as needed for construction safety purposes during the Initial Construction Term and Extended Construction Term. 3. Tern. (a) Construction Term. The construction term of this Agreement shall continence on the Effective Date and continue for six (6) months ("Construction Term"). The Construction Term shall end six (6) months after the Effective Date unless before that date 2 91 of 114 FPL Redline 2-16-18 Lessee notifies Lessor that Lessee elects to terminate this Agreement or that the Commercial Operations Date has occurred. For purposes of this Agreement, "Commercial Operations Date" shall mean the date on which the Equipment becomes operational as determined by FPL. For the purposes of this section, "operational" means the date on which Lessee has (i) received any and all approvals, licenses, and permits necessary to operate the Equipment, (ii) the Equipment is installed on the Demised Premises and is connected to the electric transformer, and (iii) the Equipment is generating solar power (b) Overatine Term. The "Operating Term" of this Agreement shall commence on the day immediately following the last day of the Construction Term, and continue for a term ending on the fifteenth (15`h) anniversary of the Commercial Operations Date. The Operating Term and the Construction Term are collectively referred to herein as the "Term". The Parties may upon mutual agreement in writing prior to the expiration of the Term extend the Term of this Agreement for an additional 15 years. 4. Installation and Location of Equipment. From and after the Effective Date, Lessee, as well as any permitting, licensing, regulating or approving entity, agency or authority, any utility intending to purchase electricity generated by the Equipment, and the agents, employees, contractors, subcontractors, consultants and representatives of each (collectively, the "Lessee Parties"), have ingress, egress and access to the Demised Premises at all times during the Term, twenty-four (24) hours -a -day, seven (7) days -a -week, for and including to inspect, construct, install, maintain, repair, enlarge, modify, remove, replace, test and operate the Equipment. Lessee Parties will use commercially reasonable efforts to minimize any interference with Lessor's use and operations on the Property. Lessor shall cooperate as necessary with Lessee (at no cost to Lessor) in Lessee's efforts to obtain all permits, licenses and approvals necessary for the installation and operation of the Equipment. Except as otherwise expressly set forth herein, Lessee shall have no right to access or utilize any other portion of Lessor's Property other than the Demised Premises. Lessee may locate and install the Equipment on the Demised Premises as is reasonably necessary in order to achieve optimal solar power generation. Installation of the Equipment shall be in compliance with all applicable laws and ordinances and shall not result in the imposition or creation of a lien against any portion of the Demised Premises. Upon completion of the installation of the Equipment by Lessee, Lessee shall provide Lessor with an "as -built" survey of the Equipment installed on the Demised Premises which shall serve as a replacement Exhibit B. 5. Rent. Lessee shall pay a fee to Lessor annually, in advance, on or before July 15th of each year during the Term the amount set forth on the attached Exhibit C, which exhibit is incorporated herein by this reference ("Rent"). In the event the Term commences on a date other than July 15th, Lessee shall pay Lessor upon commencement of the Term an amount equal to the pro -rata portion of the applicable Rent for such partial annual period. Rent shall be payable to Lessor electronically per the attached Exhibit D, which exhibit is incorporated herein by this reference. In the event this Agreement expires or is terminated at a time other than on the last day of an annual period, then Rent shall be pro -rated as of the date of this Agreement's 3 92 of 114 FPL Redline 2-16-18 expiration or earlier termination for any reason (other than an uncured and continuing default by Lessee) and all prepaid Rent that has not yet accrued shall be immediately refunded to Lessee. 6. Interference. During the Term, Lessor shall not directly or indirectly Interfere, or cause or permit to be caused any Interference, with the Equipment. For purposes of this Agreement "Interfere" and "Interference" shall mean interference with Lessee's use, operation, access, maintenance or repair of the Equipment on a sustained basis as a result of Lessor's direct or indirect actions, including without limitation the following: (a) Placement of any equipment, sign, logo, structure, or improvements on, across, under or over any portion of the Equipment without the prior written consent of Lessee, which Lessee may approve or withhold such consent in its absolute and sole discretion. (b) Placement of any equipment, sign, structure or improvement in a location that interferes with any portion of the Equipment's exposure to sunlight, as determined by Lessee in its sole discretion; (c) Interference in any way with any portion of the Equipment's ability to generate solar power, as determined by Lessee in its sole discretion; (d) Any portion of the Equipment to become subject to any lien, mortgage, deed of trust, security agreement, mechanics lien or other such encumbrance not caused by Lessee, unless the holder of such lien, mortgage, deed of trust, security agreement or other such encumbrance provides Lessee with a subordination and non -disturbance agreement or a non- disturbance agreement, in form and substance acceptable to Lessee, within thirty (30) days following Lessee's request for same; (e) Any portion of the Demised Premises to be maintained, altered, modified, repaired, replaced or compromised in such a way that it can no longer support the Equipment or any portion of the Equipment or the use of any portion the Equipment is impaired, as determined by Lessee in its sole discretion; (f) Disruption with Lessee's access to any portion of the Demised Premises; and/or (g) Sale, transfer, assignment, lease or sublease any portion of the Demised Premises, other than subject to Lessor's obligations under this Agreement. In the event of that Lessor Interferes or causes Interference, Lessee will provide Lessor with a written summary documenting such Interference ("Interference Notice"). In the event Lessor is in violation of any of the above -listed items in this section, and such violation continues for fifteen (15) days or more following Lessee's delivery of an Interference Notice, then in addition to the rights granted Lessee under Section 18 below, Lessee may elect to terminate this Agreement immediately upon delivering written notice to Lessor. 5. Mechanics' Liens. 4 93 of 114 FPL Redline 2-16-18 (a) Lessee's Actions. Installation of the Equipment shall not result in the imposition or creation of a lien against any portion of the Property. If any mechanic's, contractor's or material supplier's lien is asserted against all or any part of the Property in connection with Lessee's installation, construction or operation of the Equipment or any related activities, Lessee shall indemnify Lessor against any loss, claim, damage or expense, including attorneys' fees, that Lessor may incur in connection with such assertion of such lien, and, if any notice or statement of lien is filed or recorded in any public office in connection with Lessee's installation, construction or operation of the Equipment or any related activities, Lessee shall cause such notice or statement of lien to be released or bonded off, within thirty (30) days from the date Lessor gives written notice of such lien. Lessee's obligations under this section shall survive the expiration or earlier termination of this Agreement. (b) Lessor's Actions. If any mechanic's, contractor's or material supplier's lien is asserted against all or any part of the Demised Premises or Property by anyone having provided labor, services, material or equipment at the request of Lessor, and if Lessee is made a party to any action or proceeding to foreclose any such asserted lien, Lessor shall indemnify Lessee and hold it harmless against any loss, claim, damage or expense, including attorneys' fees, that Lessee may incur in connection with such action or proceeding, including paying any judgment that may be entered therein. 6. Maintenance; Repair; Replacement; Reinstallation. (a) During the Term, Lessee shall, at Lessee's sole cost and expense, operate and maintain the Equipment in good working order and in a safe, clean manner. (b) In the event the Equipment or any portion thereof is damaged or destroyed at any time during the Term, Lessee shall have the right, but not the obligation, to repair, replace or reinstall the Equipment or any portion thereof within the Demised Premises. (c) Lessor shall conduct, or cause to be conducted, all routine and necessary maintenance of the Demised Premises and shall ensure that the Demised Premises shall remain able to support the Equipment for the duration of the Term. If Lessor has to replace or engage in widespread repair of the paving or other improvements located on or near the Demised Premises during the Term, then Lessor shall provide Lessee with at least ninety (90) days prior written notice and Lessee will coordinate protection of the Equipment with Lessor as appropriate in order to accommodate Lessor's construction schedule. (d) If the Demised Premises are substantially destroyed by fire or other casualty, Lessee may by written notice, given not later than thirty (30) days after the date of such destruction, terminate this Agreement, in which event, any insurance proceeds received by Lessor in connection therewith shall be paid to Lessee. (e) Lessee shall have the right, at Lessee's sole cost and expense, to repair, replace or reinstall any affected Equipment on the Demised Premises following complete or partial destruction of Lessor's improvements to the Demised Premises and/or Lessee's Equipment thereon. Following complete destruction of Lessor's improvements to the Demised 5 94 of 114 FPL Redline 2-16-18 Premises, Lessor may provide Lessee with a mutually acceptable alternative location on or off the Property approved by Lessee on which Lessee may install the Equipment. If, however, Lessor is unable to provide an alternative location for the Equipment that meets such standard, and Lessee does not approve such alternate site, Lessee shall have the right, upon written notice to Lessor, to terminate this Agreement. If such new location is acceptable to Lessee, Exhibit B (and, if necessary, other exhibits) to this Agreement will be amended to reflect the new location of the Demised Premises. (f) Lessee shall have the right, in its sole discretion, to remove all or a portion of the Equipment at any time during the Term. Such removal shall not constitute a default or be deemed a termination under this Agreement if Lessee provides to Lessor a written notice of intent to rebuild or reinstall within sixty (60) days of such removal and installs new equipment within three (3) months of such notice. If Lessee does not provide such notice within the applicable time period or does not reinstall within the time period provided this Agreement shall terminate. 7. Taxes. Lessor shall submit a copy of the annual statement for real property taxes for the Property to Lessee within ten (10) business days after the date that Lessor receives such statement from the taxing authority. Lessor shall pay when due all real property taxes for the Property. In the event that Lessor fails to pay any such real property taxes or other fees and assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and recover the amount so paid from Lessor. Notwithstanding the foregoing, Lessee shall pay any personal property tax which is attributable to the Equipment or the Equipment's installation or placement on or within the Demised Premises. Lessor hereby grants to Lessee the right to challenge, whether in a court, administrative proceeding, or other venue, on behalf of Lessor and/or Lessee, any personal property or other tax assessments that may affect the Demised Premises as a result of the Equipment. If Lessor receives notice of any personal property or other property tax assessment against the Lessor which may affect Lessee or the Equipment and is attributable, in whole or in part, to the Equipment, Lessor shall provide timely notice of such assessment to Lessee sufficient to allow Lessee to consent to or challenge such assessment if a right to challenge the assessment is then available under applicable law. Further, Lessor will provide to Lessee any and all documentation in the possession of Lessor that is associated with such assessment and will execute any and all documents reasonably necessary to effectuate the intent of this section, provided that Lessor shall not be required to incur any expense or any risk of material liability. 8. Insurance. Lessee will maintain at all times during the Term, the insurance designated in this section in accordance with the terms and conditions required by this section. Such policy or policies shall be issued by companies authorized to do business in the State of Florida with a minimum A.M. Best financial rating of "A— VII (a) Commercial General Liability Insurance with limits of Three Million Dollars ($3,000,000) per occurrence combined single limit for bodily injury and property damage. 6 95 of 114 FPL Redline 2-16-18 (b) Business Automobile Liability Insurance with limits of Two Million Dollars ($2,000,000) for bodily injury and property damage. (c) Workers' Compensation Insurance in compliance with Florida Statutes. Lessee has the right to meet the insurance designated in this section through any combination of self-insurance, primary or excess coverage. Should Lessee self -insure, then prior to accessing the Demised Premises, Lessee will provide Lessor with a letter of such self- insurance which will include a reference to publicly available financial statements and annual reports. Lessor and Lessee, for themselves and their respective insurers, waive any right to assert any claim against the other Party, to the extent such claim is covered by the waiving party's insurance. Each Party shall waive all rights of subrogation of their respective insurers. 9. Indemnification. Lessee shall indemnify Lessor from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by Lessor in connection with any third party claims for personal injury or death to persons and damage to Lessor's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Lessee, its agents, employees, representatives, contractors, or sub -contractors up to One Million Dollars ($1,000,000). Lessor shall indemnify Lessee from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by Lessee in connection with any third party claims for personal injury or death to persons and damage to Lessee's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Lessor, its agents, employees, representatives, contractors, or sub -contractors up to One Million Dollars ($1,000,000). In no event shall Lessor or Lessee be liable to the other for consequential, special, exemplary, punitive, indirect or incidental losses or damages, nor shall any parent, subsidiary, affiliate or employee of Lessor or Lessee have any liability under this Agreement. Neither Lessor nor Lessee, nor their respective insurer, shall, without the prior written consent of the other Party, which consent will not be unreasonably withheld, enter into the settlement or compromise of any claim brought against the indemnified Party which is the subject of indemnification under this Agreement. Notwithstanding the foregoing, this paragraph shall not be construed or interpreted as a waiver of the Lessor's sovereign immunity and the limits established in Section 768.28, Florida Statutes. This section shall survive the expiration or earlier termination of this Agreement. 10. Eauinment to Remain Personal Property of Lessee. The Equipment is and will remain the property of Lessee, its successors or assigns, regardless of its use or manner of attachment to the Demised Premises. Lessor agrees to execute such further documentation as is reasonably necessary to ensure that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Demised Premises. Except as expressly set forth in this Agreement, Lessor will have no right, title, or interest in the Equipment, and no right to purchase or otherwise acquire title to or ownership of the Equipment, and Lessor hereby expressly disclaims any right, title or interest in or to the Equipment, whether arising by lien, by operation of law, or otherwise. 7 96 of 114 FPL Redline 2-16-18 11. Subordination. Lessor warrants that the Property is not, as of the Effective Date, subject to any mortgage or other monetary lien, other than liens for taxes and assessments imposed by law. If Lessor hereafter determines to mortgage all or any part of the Property and the proposed mortgage document does not acknowledge the priority of this Agreement, then prior to execution of such mortgage Lessor will secure a subordination and non -disturbance agreement or non -disturbance agreement in commercially reasonable form from the mortgagee, which provides that such mortgagee or lienholder will not disturb Lessee's possession or rights under this Agreement, or terminate this Agreement so long as Lessor is not entitled to terminate this Agreement or Lessee's interest in the Dernised Premises. 12. Quiet Eniovment. Lessor represents and warrants to and covenants with Lessee that: (a) Lessor has full right, power and authority to execute this Agreement; (b) Lessor has good and unencumbered title to the Demised Premises free and clear of any liens, mortgages or other encumbrances; (c) Lessor's execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Lessor; (d) there are no agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight, (e) during the Term, Lessor will not knowingly or unreasonably enter into any agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight, as determined by FPL in its sole and absolute discretion. 13. Default by Lessee. The happening of any one or more of the following events, upon the expiration of any applicable notice and cure period, shall be events of default under this Agreement: (a) The failure of Lessee to fully perform any other of its covenants under this Agreement within sixty (60) calendar days after Lessee receives written notice of such default from Lessor; provided, however, if such non -monetary default cannot reasonably be cured within such sixty (60) day time period, Lessee shall not be deemed in default hereunder if Lessee has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 14. Lessor's Remedies. Lessor's exclusive remedies for events of default by Lessee shall be limited to the following: (a) Upon an event of default as set forth in Section 15(a) above, and after the expiration of the applicable notice and cure period, Lessor may perform, or cause to be performed, on behalf and at the expense of Lessee, any or all of the undertakings or obligations as to which Lessee remains in default, in which event Lessee will reimburse Lessor for such actual reasonable costs and expenses, within forty-five (45) days following Lessee's receipt of Lessor's invoice and supporting documentation. Notwithstanding the preceding sentence, Lessor may not perform any obligation of Lessee under Section 8(a) or take any other action that relocates or physically alters any of the Equipment that at the time is in operable condition. (b) Lessor may exercise any other remedy available at law or in equity except for ejectment, termination or rescission of this Agreement, all of which are expressly excluded. 8 97 of 114 FPL Redline 2-16-18 In any action or proceeding to enforce any of Lessee's obligations under this Agreement, Lessor may recover all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in connection with such action or proceeding or any appeal therefrom or review thereof. 15. Default by Lessor. The failure of Lessor to fully perform any term, provision, or covenant of this Agreement within sixty (60) calendar days following written notice of such default from Lessee; provided, however, that if such default cannot reasonably be cured within such sixty (60) day time period, Lessor shall not be deemed in default hereunder if Lessor has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 16. Lessee's Remedies. Upon an event of default by Lessor as set forth in Section 17 above, and after the expiration of the applicable notice and cure period, in addition to and not by way of limitation of the exercise by Lessee of any and all rights and remedies Lessee may have at law or in equity, Lessee may: (a) cure the default and be reimbursed by Lessor within thirty (30) days following Lessor's receipt of Lessee's invoice and supporting documentation of costs and expenses associated with curing the default; (b) terminate this Agreement; and/or (c) exercise any remedy Lessee may have at law or in equity. In any action or proceeding to enforce any of Lessor's obligations under this Agreement, Lessee may recover all costs and expenses, including reasonable attorneys' fees, incurred by Lessee in connection with such action or proceeding or any appeal therefrom or review thereof. Notwithstanding the foregoing, in the event that Lessor Interferes or causes Interference with the Equipment of this Agreement, and such Interference is not cured within the fifteen (15) day time period set forth in Section 6 above, in addition to the remedies set forth in this Section 18, Lessor shall also be required to reimburse Lessee any and all costs incurred or expended by Lessee in connection with the removal of the Equipment from the Demised Premises, together with any and all costs incurred or expended by Lessee in connection with either, at Lessee's sole option, (i) the disposal of the Equipment, or (ii) the relocation of the Equipment to another part of the Demised Premises, Property or other real property, as applicable, whether or not such replacement real property is owned by Lessor. 17. Intentionally deleted 18. Removal. Upon the expiration or earlier termination of the Term by Lessee, Lessee shall continue to have the right of reasonable access to the Demised Premises in order to remove the Equipment, and repair and restore the affected portions of the Demised Premises to substantially the same condition as practical as existed immediately prior to Lessee's installation of the Equipment, at Lessee's sole cost and expense; except as expressly set forth otherwise in Sections 6 and 18 above, where the removal and disposal or relocation costs of the Equipment, and repair and restoration of the Demised Premises, shall be at Lessor's sole cost and expense. 19. Tax Credits, Financial Incentives, Sale of Energy. Installation and operation of the Equipment on the Demised Premises may result in the availability of federal and/or state tax credits, and other financial incentives (collectively hereinafter "Incentives"). Lessee is and shall be the sole recipient and beneficiary of any and all such Incentives, which shall be distributed, disbursed and/or assigned in Lessee's sole discretion. Lessor shall have no right to any 9 98 of 114 FPL Redline 2-16-18 Incentives, except as otherwise agreed to in writing by Lessee. Furthermore, any and all solar power electricity produced by or relating to the Equipment ("Energy"), and the right to utilize same, shall be for the sole benefit of Lessor. Any Energy consumed by Lessor shall not impact Lessor's retail electric bill from Lessee. Lessor shall have no right to sell the Energy, or to engage in any "net metering" involving the Energy. In consideration for entering into this Agreement, Lessor shall be billed for the solar power generated by the Equipment on the Demised Premises at the customer's existing rate for the sole and exclusive use of the Lessor at the applicable Demised Premises and is not to be sold or used by any other party or for any other use whatsoever. 20. Assignment; Leasehold Financing. (a) Except as permitted by Section 21(b) below, Lessee shall not assign this Agreement or any interest herein without the prior written consent of Lessor. Lessor shall not assign its interest in this Agreement to anyone other than a purchaser or Lessee of the Demised Premises without the prior written consent of Lessee. Neither Party will unreasonably withhold, condition or delay its consent to an assignment by the other Party. The terms and conditions of this Agreement will bind and benefit the respective successors and permitted assigns of the Parties. Following any permitted assignment or transfer by operation of law, the terms "Lessor" and "Lessee" shall be deemed to refer to the relevant transferee or successor, unless the context clearly indicates that the term refers only to the original Party so identified. (b) Lessor acknowledges that Lessee's interests under this Agreement and in the Equipment are and will be encumbered by Lessee's existing mortgage. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and the Equipment, and may assign this Agreement and the Equipment to any of Lessee's future mortgagees or holders of security interests, including their successors or assigns (Lessee's existing mortgagee and any future Lessee mortgagees or security interest holders are collectively referred to herein as the "Mortgagees"), and such Mortgagees shall have the right, but not the obligation, to assume Lessee's rights and obligations under this Agreement. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee, except that the cure period for any Mortgagees shall not be less than thirty (30) calendar days after receipt of the default notice, as provided in Section 15 above. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Lessee. Failure by Lessor to give Mortgagees such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights of Mortgagees to cure any default as provided in Section 15 above. 21. Condemnation. In the event of condemnation of some or all of the Demised Premises, Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking, as their respective interests appear. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation for purposes of this Agreement. 22. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, 10 99 of 114 FPL Redline 2-16-18 signed by the notifying Party, or officer, agent or attorney of the notifying Party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or on the third (3`d) business day after posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Lessor: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager To Lessee: Florida Power & Light Company 700 Universe Boulevard, CEA/JB Juno Beach, Florida 33408 Attn: Vice President of Corporate Real Estate With copy to: Florida Power & Light Company 700 Universe Boulevard, LAW/JB Juno Beach, Florida 33408 Attn: General Counsel The address to which any notice, demand, or other writing may be delivered to any Party as above provided may be changed by written notice given by such Party. 23. Memorandum of Lease. It is specifically understood and agreed by both Parties hereto that a Memorandum of Lease ("Memorandum") in substantially the form of the attached Exhibit D will be executed by the Parties and recorded in the Public Records of the county in which the Demised Premises is located, indexed in the land records of that office in the names of both Parties hereto and will be a matter of public record. Upon completion of the installation of the Equipment by Lessee, Lessee shall provide Lessor with an "as -built" survey of the Equipment installed on the Demised Premises which shall serve as a replacement to the exhibit attached to the Memorandum, and Lessor hereby authorizes Lessee to execute and record an amendment to the Memorandum without the Lessor's signature effectuating such change. 24. Miscellaneous. (a) Entire Agreement; Modification; Waiver. All of the representations and obligations of the Parties are contained herein and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing, signed by that Party or a duly authorized agent of that Party empowered by a written authority signed by that Party. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same Party, or of any other provision or condition of this Agreement. No waiver shall be implied by delay or any other act or omission of either Party. (b) Governing Law; Waiver of Jury Trial. This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to its conflict of laws 11 100 of 114 FPL Redline 2-16-18 principles. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction in the State of Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (c) Attornevs Fees. In the event of any litigation arising between the parties under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and paralegals' fees and court costs at all trial and appellate levels. This paragraph shall survive expiration or termination of this Agreement coextensively with other surviving provisions of this Agreement. (d) Severabilitv. Should any provision of this Agreement be held, in a final and un -appealable decision by a court of competent jurisdiction, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. (e) Headings and Gender. All headings in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender shall include every other and all genders. (f) Authority. Each Party represents to the other that it has complete authority to enter into this transaction. (g) Counterparts. This Agreement may be executed in any number of counterparts, each of which, upon execution of a substantively identical counterpart by each Party, shall be deemed an original, but all of which together shall constitute a single instrument. A facsimile or similar electronic transmission of a counterpart signed by a Party hereto shall be regarded as an original signed by such Party for all purposes. (h) Binding Effect. This Agreement shall bind and benefit the Parties and their respective successors and assigns. (i) Publicity. Tours. The Parties acknowledge that each of them has a legitimate business interest in receiving public recognition of their participation in the transaction contemplated by this Agreement. In order to coordinate the timing, tone and content of any publicity, however, each Party agrees that neither of them shall issue any press release regarding the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed, provided that general advertising that refers to a "partnering" (or other terminology of similar import) of either Party with the other Party for the purposes of any of the transactions contemplated hereby, but does not expressly reference this Agreement or disclose any of the terms hereof, shall not be subject to the provisions of this subsection. No filing that Lessee is required by applicable law to make with any regulatory 12 101 of 114 FPL Redline 2-16-18 authority shall, by itself, be deemed to violate the preceding sentence. Lessee recognizes that Lessor is a public entity and subject to the Florida Public Records Law, the Florida Open Meetings Law, and other similar "Sunshine" laws, and Lessee understands that disclosure of the Terms of this Agreement may result by compliance with such laws. Lessee also acknowledges that statements made by individual elected officials of Lessor, or by other employees in answering questions by such elected officials in the context of an open meeting, shall not be deemed to violate this provision. Lessee shall have the right to give site tours of the Equipment on the Demised Premises for visitors and other interested parties. 0) Construction. This Agreement shall not be construed more strictly against one Party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both Lessor and Lessee have contributed substantially and materially in the negotiation and preparation of this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits, schedules, addendums or amendments hereto. (k) Headings. All headings in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender shall include every other and all genders. (1) Force Maieure. Lessor and Lessee (except with respect to the payment of any monetary obligation) shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control, including but not limited to work stoppages, boycotts, slowdowns or strikes; shortages of materials, equipment, labor or energy; unusual weather conditions; or acts or omissions of governmental or political bodies. (m) Exhibits. All of the schedules and exhibits attached to this Agreement (or attached from time to time after the Effective Date) are incorporated in, and made a part of, this Agreement. (n) Successors and Assigns. This Agreement shall be binding upon the Parties hereto and their respective successors and assigns. (o) Amendments. This Agreement may not be changed, altered or modified except by an instrument in writing duly signed by both Parties. (p) Calculation of Time Periods. The Effective Date of this Agreement shall be when it has been signed by the last party to sign same and when it has thereupon been mutually delivered. For purposes of this Agreement, any time period that falls on a Saturday, Sunday or legal holiday under laws of the State in which the Property is located, will be extended to the next business day. The final day of any such period shall be deemed to end at 5:00 p.m., local time where the Property is Iocated. 13 102 of 114 FPL Redline 2-16-18 [Remainder of page intentionally blank; Signature pages follow] 14 103 of 114 FPL Redline 2-16-18 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. Witness: Print Name: Print Name: LESSOR: City of Sebastian, Florida By: Print Name: Title: 104 of 114 FPL Redline 2,16` lg Witness: Print PrintName. 16 LESSEE: oda power & L . da Corporation ht Company' Tilno 'Vice �YOliver resident Of Corporate fC°Orate Real Estate 105 Of 114 EXHIBIT A Description of the Propertv [INSERT LEGAL DESCRIPTION OF THE ENTIRE PROPERTY OWNED BY LESSOR] Exhibit A 106 of 114 Sketch and Description: SEBASTIAN RIVERVIEW PARK SPLASH PAD THIS IS NOT A SURVEY Legal Description: A PORTION OF LAND LYING IN LOTS 10 THROUGH 12, BLOCK 9, SUBDIVISION MAP EDGEWATER PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, INCLUSIVE OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND LYING IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 1, OF SAID SUBDIVISION MAP ALSO BEING THE INTERSECTION OF THE EASTERLY RIGHT—OF—WAY LINE OF U.S. HIGHWAY #1 AND THE SOUTHERLY RIGHT—OF—WAY LINE OF HARRISON STREET; THENCE RUN NORTH 68'48'40" EAST ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE OF HARRISON STREET, A DISTANCE OF 406.27 FEET; THENCE DEPARTING SAID RIGHT—OF—WAY LINE RUN SOUTH 21'11'20" EAST, A DISTANCE OF 19.18 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 70'45'04" EAST, A DISTANCE OF 53.00 FEET; THENCE RUN SOUTH 19'14'56" EAST, A DISTANCE OF 66.00 FEET; THENCE RUN SOUTH 70'45'04" WEST, A DISTANCE OF 9.53 FEET; THENCE RUN SOUTH 19'14'56" EAST, A DISTANCE OF 37.46 FEET; THENCE RUN SOUTH 71'45'47" WEST, A DISTANCE OF 39.09 FEET; THENCE RUN NORTH 18'14'13" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 71'45'47" EAST, A DISTANCE OF 34.00 FEET; THENCE RUN NORTH 19'14'56" WEST, A DISTANCE OF 32.38 FEET; THEN RUN SOUTH 70'45'04" WEST, A DISTANCE OF 38.47 FEET; THENCE RUN NORTH 19'14'56" WEST, A DISTANCE OF 66.00 FEET TO THE POINT OF BEGINNING. ENCOMPASSING 3,851 SQUARE FEET OR 0.09 ACRE MORE OR LESS. (A) - ACTUAL 4 APPROX - APPROXIMATE (D) AVG - AVERAGE (DE) (SB) - BEARING BASIS DEPT BLDG - BUILDING D/U SM - BENCH MARK (C) - CALCULATED ELEV C - CHORD EOP CB-- CHORD BEARING ESMT CCR I - CERTIFIED CORNER FOOT RECORD NUMBER CA - CENTERUNE Fr CM - CONCRETE MONUMENT FND CONC - CONCRETE FP&L COR -- CORNER (G) (L.C) - HANDICAP SIGN J Abbreviation & Svmbol Le-gend: - DELTA GOVT » GOVERNMENT PC - POINT OCURVATURE R39E - RANGE 39 EAST - DEED IP - IRON PIPE PCC - POINT OFF COMPOUND R - RADIUS - DEED EXCEPTION I R - IRON ROD CURVATURE RAD - RADIAL - DEPARTMENT R&C - IRON REBAR & CAP PCP - PERMANENT CONTRDL POINT RIC - RECOVERED - DRAINAGE AND UTIUTY L -- ARC LENGTH PG - PAGE REV - REVISION EASEMENT LB# - LICENSED BUSINESS NUMBER PGS - PAGES RP - RADIUS POINT - ELEVATION (M) - MEASURED PI - POINT OF INTERSECIPON R/W - RIGHT-OF-WAY - EDGE OF PAVEMENT N & D - NAIL AND DISK POB - POINT OF BEGINNING SEC IS - SECTION 5 - EASEMENT NR -NON-RAOIAL POC -POINT OF COMMENCEMENT 50 - SOUARE - FLORIDA DEPARTMENT OF NSI - NO SURVEYOR IDENTIFICATION POL - POINT ON LINE SO FT - SQUARE FEET TRANSPORTATION NT - NON -TANGENT PRC - POINT OF REVERSE S/W - SIDEWALK - FINISH FLOUR OR - OFFICIAL RECORDS CURVATURE TB - TANGENT BEARING - FOUND ORS - OFFICIAL RECORDS BOOR PRM - PERMANENT REFERENCE T31S - TOWNSHIP 31 SOUTH - FLORIDA POWER AND LIGHT (P) - PLAT MONUMENT (TYP) - TYPICAL - GRID (STATE PLANE) PS - PLAT BOOK PT - POINT OF TANGENCY UE - UTILITY EASEMENT FS - FLORIDA STATUTE FEC - FLORIDA EAST COAST RAILWAY W/ _ WITH - UGHT POLE WV MB - MAP BOOK M WATER VALVE Surveyor's Notes: L 'SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.' 2. 'ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES 15 PROHIBITED WITHOUT WRETTt:N CONSENT OF THE SIGNING PARTY OR PARTIES.' 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF HARRISON STREET AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AS BEING ASSUMED 1168'48'40'E. 4. THE 'LEGAL DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR PER THE CLIENTS REQUEST. 5, THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPIUM OF TITLE. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. 6, THIS 15 NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PERFORMED TO DEFINE OWNERSHIP. Surveyor's Certification: I hereby certify that the attached "Sketch and Description" Of the hereon—described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on October 24, 2017. 1 further certify that this "Sketch and Description' meets the standards of practice set forth in Rule Chapter 5J-17 of the Florida Administrative Code, pursuant to FS 472.027. For the Firm By. Jeffrey W. Patterson Professional Surveyor and Mapper Florida Registration No. 6384 TITLE OLOCKAUBMEVIA TIONS ,:,X. . rV6fVEEaING LR- LICENSED BUSINESS I Date: 10124/17 !Job No. F6434 C.0 A - CrR11LAND E OF UnIN/AZ4770?Q LIC ,)L.fII A LIc11 CCnEIRAL N CD NOT VALID WITHOUT A'u �NUAIRER i�. 0..1.Osr DrnrE O-COPYR[Clrr SHEEi'S 1 THROUGH 2 OF 'Z. Drawn by: 13.113Scale: NIA File: F6434_sK8D_1 Prepared By: Sheet CPH. Inc. FP&L SOLAR LEASED AREA C I Licenses: Eng. C.O.A. No. 3215 SECTION 6 -TOWNSHIP 31 SOUTH -RANGE 39 EAST 1 Survey L.B. No. 7143 INDIAN RIVER COUNTY, FLORIDA Arch. tic. No. AA2600926 1 of 2 W--,Ph"rP-"M Lndsep. Lie. No, LCO000298 SKETCH AND DESCRIPTION 520 Palm Coast Pkwy SW - Palm Coast, F132137 - Ph: 386.445.6569 _ © 2017 IJf UI' I 14 EXHIBIT B Depiction of Demised Premises [INSERT LEGAL DESCRIPTION AND SKETCH OF THE PORTION OF PROPERTY, LESSEE IS LEASING HEREUNDER] Exhibit B 108 of 114 Sketch and Description: SEBASTIAN RIVERVIEW PARK SPLASH PAD THIS IS NOT A SURVEY LINE TABLE `LINE BEARING LENGTH L1 S 21'11 20 E 19.18 L2 N 70'45'04' E 53.00' I �i L3 S 19'14'56" E 66.00' I 0S� o R1 L4 S 70'45'04" W 9.53' I 91S .1_0F_ 12:5). L5 S 79'14'56" E 37.46' I SOUTHERLY p,R R�GB w R M 1, pG L6 S 71'45'47" W 39.09' R LINE �'I t,Brp� ART w/ TIMBERS ` L7 N 78'74'13" W 5.00' I AND GRAVEL Sz9 R L8 N 71'45'47" E 34.00' 1 STATE PLANE INFORMATION AR 16" OA POC N: 1263398.8540 L9 N 1914'56` W 32.38' E: 829275.095 LID S 70'45'04" W 38.47, 4 � L11 N 19'14'56" W 66.00' I :.''�'' POB N 68'48'40" E 406.27 LAR V AR 16" OA POC TREE NORTHWEST CORNER OF LOT 1, BLK 9, INTERSECTION 1 OF U.S. HIGHWAY #1 AND HARRISON STREET 1 � 1 G /-EASTERLY R LINE TREEE BLK 29 4 � a C)7"'A POB ELE CF V ENCO PASSING 3,1 SQOARE FEE (0.019 ACR �) ,CURB STOP (TPY . 1 � 30 0 30 60 Graphic Scale in Feet 114T' P_ LOT 10 aLK 29 L2— CURB r '1 16" OA TREE L11 17"O LOT 9 TREEE BLK 29 ELE CF V ENCO PASSING 3,1 SQOARE FEE (0.019 ACR �) ,CURB STOP (TPY . 1 � 30 0 30 60 Graphic Scale in Feet 114T' P_ LOT 10 aLK 29 L2— L7 - ___ CONNECTI�N- AREA LOT 24 BLK 29 BOLLARD 54POOL DRAINS w/ ' r BERS AND GRAVEL/ PARCEL 3139060002000090000011.0 CITY OF SEBASTIAN 500 ENWAN RIVER DRIVE NOW�I ` SEBASTIAN, FL 32950 PB 1, PG 23 LOT 11 14" PALM BLK 29 8" UNKNOWN NDERGROUND WATER TYP (` AM i POOL EO Box -ON2E GRAVEL w/-tMBERS �YRi� � 4' VPF FOUNTAIN PUMPS AND HOLDING TANK ON 0 CONC w/ 4' VPF Q. LOT 12 BLK 29 TABLE CANOPY L3 1/ ON CONC (TYP) 'E MYR7LE EE 4 L 9" UNKNOWN 0 LOT 13 BLK 29 \TRASH CAN '.DGE (TYP) UNDERGROUND PROPANE LID EE `1.5' WPF 1 � � LIFT STATION w/ 6' FCL INTERCONNECTION GATE LOT 14 BLK 29 LOT 25 BLY. 29 PARCEL 31390600020009000023.0, CITY OF SEBASTIAN SEBASTIAN, FL 32950 1 PS 1, PG 23 RRC 8LL1CR AB8RCVIAn DN5 reg. - ENC ,%TERING L8-UCENSEDB."'F NOT VALJD WITHOUT Date: 10124117 Job No. F6434 G O. and�cpRT[�NA [APC �10RfWAf`NUTAPPULABCE TION AOL- AL, -I. SEU 1,.. I Nu NumBFR P.O.-POSro mcr 9 -COPYRIGHT SHEETS THROUGH LT Z Drawn by: SJ13 Scale: 1' -30 File: F64$4_SK$D_7 Prepared By: Sheet C>PH, Inc. FP&L SOLAR LEASED AREA . Licenses: Eng. C.O.A. No. 1215 SECTION 6 -TOWNSHIP 31 SOUTH -RANGE 39 EAST 2 Survey L.B. No. 7143 INDIAN RIVER COUNTY, FLORIDA Arch. Lic. No. AA26DO926 2 of 2 ..cphcorP.c.M Lndscp.Lic.No. LC0000298 SKETCH AND DESCRIPTION 520 Palm Coast Pkwy SW — Palm Coast, FI 32137 — Ph: 386.445.6569 © 2017 �Li� ui � �� r 4 � L7 - ___ CONNECTI�N- AREA LOT 24 BLK 29 BOLLARD 54POOL DRAINS w/ ' r BERS AND GRAVEL/ PARCEL 3139060002000090000011.0 CITY OF SEBASTIAN 500 ENWAN RIVER DRIVE NOW�I ` SEBASTIAN, FL 32950 PB 1, PG 23 LOT 11 14" PALM BLK 29 8" UNKNOWN NDERGROUND WATER TYP (` AM i POOL EO Box -ON2E GRAVEL w/-tMBERS �YRi� � 4' VPF FOUNTAIN PUMPS AND HOLDING TANK ON 0 CONC w/ 4' VPF Q. LOT 12 BLK 29 TABLE CANOPY L3 1/ ON CONC (TYP) 'E MYR7LE EE 4 L 9" UNKNOWN 0 LOT 13 BLK 29 \TRASH CAN '.DGE (TYP) UNDERGROUND PROPANE LID EE `1.5' WPF 1 � � LIFT STATION w/ 6' FCL INTERCONNECTION GATE LOT 14 BLK 29 LOT 25 BLY. 29 PARCEL 31390600020009000023.0, CITY OF SEBASTIAN SEBASTIAN, FL 32950 1 PS 1, PG 23 RRC 8LL1CR AB8RCVIAn DN5 reg. - ENC ,%TERING L8-UCENSEDB."'F NOT VALJD WITHOUT Date: 10124117 Job No. F6434 G O. and�cpRT[�NA [APC �10RfWAf`NUTAPPULABCE TION AOL- AL, -I. SEU 1,.. I Nu NumBFR P.O.-POSro mcr 9 -COPYRIGHT SHEETS THROUGH LT Z Drawn by: SJ13 Scale: 1' -30 File: F64$4_SK$D_7 Prepared By: Sheet C>PH, Inc. FP&L SOLAR LEASED AREA . Licenses: Eng. C.O.A. No. 1215 SECTION 6 -TOWNSHIP 31 SOUTH -RANGE 39 EAST 2 Survey L.B. No. 7143 INDIAN RIVER COUNTY, FLORIDA Arch. Lic. No. AA26DO926 2 of 2 ..cphcorP.c.M Lndscp.Lic.No. LC0000298 SKETCH AND DESCRIPTION 520 Palm Coast Pkwy SW — Palm Coast, FI 32137 — Ph: 386.445.6569 © 2017 �Li� ui � �� EXHIBIT C Rent RENT CHART Lease Years Rent 1 - 15 [ ] Dollars ($ .00) per year RENT FORMULA Rent shall be calculated based on the actual capacity of kilowatts of solar power installed by Lessee under this Agreement ("Capacity") multiplied by f 1 and No/100 Dollars ($18.00) per kilowatt; the resulting Capacity will be utilized for calculating the annual Rent for each year during the Term (or the pro -rated portion thereof in accordance with Section 5 of this Agreement). Exhibit C 110 of 114 EXHIBIT D Form Memorandum of Lease This Instrument has been prepared by or under the supervision of (and after recording return to): Seth S. Sheitelman, Esq. Florida rower & Light Company (LAW/JB) 700 Universe Boule Juno Beach, Florida 33408 MEMORANDUM OF MASTER SOLAR LEASE AGREEMENT This Memorandum of Master Solar Lease Agreement ("Memorandum") is executed and effective this day of , 20 by and between l I ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). RECITALS WHEREAS, on event date herewith, Lessor and Lessee entered into a written Master Solar Lease Agreement ("Agreement") related to certain property situated in r I County, Florida more particularly described in Exhibit A attached hereto and made a part hereof ("Property"); and WHEREAS, Lessor and Lessee desire to provide record notice of the Agreement pursuant to this Memorandum. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby give record notice of the following: Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Lease. In accordance with the terms and conditions of the Agreement, Lessor has leased that certain portion of the Property to Lessee more particularly described in Exhibit B attached hereto and made a part hereof ("Demised Premises") for the purpose of constructing, installing, operating, inspecting, maintaining, repairing, testing, enlarging, modifying, removing, and replacing the solar Equipment (as defined in the Agreement). 3. Terra. The term of the Agreement commenced on the effective date of the Agreement and continues for a term ending on the fifteenth (15th) anniversary of the Commercial Operations Date (as such term is defined in the Agreement), unless extended. Exhibit C 111 of 114 FPL Redline 2-16-18 4. Notice. This Memorandum is being executed by the parties solely to give public notice of the interest of Lessee in the Demised Premises and is not intended to modify, amend or alter in any respect whatsoever, the terms, covenants and agreements contained in the Agreement. 5. Counternarts. This Memorandum may be executed in one or more counterparts, each of which is an original, but all of which together shall constitute one and the same instrument. [Signatures and Acknowledgements Appear on Following Pages] Exhibit C 112 of 114 FPL Redline 2-16-18 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum on the date hereinabove written. Executed in the presence of: Lessor: City of Sebastian, Florida By: Name: Name: Title: Name: ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF ) On this day of , 20, before me, the undersigned notary public, personally appeared , as of the City of Sebastian, Florida, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he/she executed the same on behalf of said and that he/she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit C 113 of 114 FPL Redline 2-16-18 Executed in the presence of: Lessee: Florida Power & Light Company, a Florida corporation By: Name: Name: Timothy Oliver Title: Vice President of Corporate Real Estate Name: ACKNOWLEDGEMENT STATE OF FLORIDA } }ss: COUNTY OF PALM BEACH } On this day of , 20____, before me, the undersigned notary public, personally appeared Timothy Oliver, as Vice President of Corporate Real Estate of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit C 114 of 114