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Item #10 Approval of Public Works Uniform Service
Center of �i, bCO ; ; ;., (_ A • AGENDA ITEM COVER SHEET Meeting Date: January 4, 2011 Item # /0 Reviewed By: Contact Name: Stephen C. Krug Department Director: • Contact Number: 6002 City Manager: Y 9 /. Subject: Public Works Uniform Service. Background Summary: Public Works has successfully contracted with Cintas for uniform service and shop towels for several years. With the addition of the mowing crew Team Members, the cost of providing the service now requires Commission approval. The total cost to the Department for this annual service is $29,350.00. Public Works recommends awarding the uniform service to Cintas through piggy - backing off of Volusia County Bid #08- B- 108JG, for Uniform and Facility Services Rental Program. This recommendation is based on their successful service history, quality of products, along with their willingness to hold and even reduce some of the unit costs again for this year. Issue: Request the City Commission to approve the Public Works uniform service with Cintas Recommendations Recommend approval to issue a purchase order to Cintas to provide uniform, shop towel and fender cover service to the Public Works Team based on the Volusia County Bid #08- B- 108JG, for a not to exceed amount of $35,000.00 annually to account for employee turn over and revisions. Attachments: Cintas Proposal. Volusia County Bid #08- B -108JG & proposals. Financial Impact: The dollar amounts for uniforms are adequately funded in the Public Work's Division budgets as described in the attached requisition. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading ✓ Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A i New Renewal NOS® i iiiAs Location No. Contract No. ACCEPTANCE AGREEMENT AND PRICING Customer No. ADDENDUM TO VOLUSIA COUNTY BID #08- B -108JG FOR UNIFORM AND FACILITY SERVICES RENTAL PROG RAM Date Customer CITY OF Ocoee Phone 407 - 905 -3170 Address 301 Maguire Rd. Ext.. City Ocoee State FL Zip 34761 -2677 RENTAL UNIFORM PRICING: Item # Description Inventory Unit Price Lost / Replacement Charge 59935 Comfort Shirt w/ Reflective Striping 1 - 13 $0.40 $25.00 935 Uniform Comfort Shirt 1 - 13 $0.22 $20.00 259 Proknit Polo Shirt 1 -13 $0.30 $20.00 894 / 394 Work Jeans 1 - 13 $0.42 $25.00 945 / 390 Men's Work Pant/ Ladies Pant 1 - 13 $0.31 $22.00 912 Coverall 1 - 13 $0.45 $20.00 • Name Emblem $ 1.00 ea • Company Emblem $ n/a ea • Custom Emblem $ 2.00 ea • Embroidery $ TBD ea • Automatic Lost Replacement Charge: Item % of Inventory $ Ea. • Automatic Lost Replacement Charge: Item % of Inventory $ Ea. • Minimum Charge $ 35.00 per delivery. • Make -Up Charge $ 1.30 per garment. • Service Charge $ 4.00 per delivery. Other Emblems, and make -up charges waived on initial install and for the first 180 days FACILITY SERVICES PRODUCTS PRICING: Item # Description Rental Freq. Inventory Unit Price Lost / Replacement Charge 2160 Shop Towel Weekly Any $0.14 $0.45 2191 Fender Cover Weekly Any $1.25 $1.75 Cintas Loc. No / Please Sign Name • By Am. T-- _ease Print Name Title5 13 " ------- ~ — Please Print Title Accepted — GM: SUBMIT TO: COUNTY OF VOLUSIA PURCHASING & CONTRACTS W. INDIANA AVE., RM. 304 DELAND, FL 32720 -4608 Volusia County CONTACT PERSON: FLORIDA INVITATION TO BID Josie Gomez (386) 822 -5779 DELAND: (386) 736 -5935 DAYTONA BEACH: (386) 257 -6000 AN EQUAL NEW SMYRNA BEACH (386) 423 -3300 OPPORTUNITY www.volusia.org /Durchasine EMPLOYER TITLE: NUMBER: SUBMITTAL DEADLINE: Leased Uniforms and Miscellaneous Items 08- B -108JG Wednesday, May 21, 2008, , at 3:00 p.m., EST PRE BID DATE, TIME AND LOCATION: SUBMITTALS RECEIVED AFTER ABOVE DATE A pre -bid meeting will not be held for this solicitation AND TIME WILL NOT BE CONSIDERED FIRM'S NAME: MAILING ADDRESS: CITY — STATE — ZIP: TELEPHONE NO: X Authorized Signature FAX NO: Typed Name FEDERAL ID NO. OR SOCIAL SECURITY NO. Title Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE GENERAL CONDITIONS AND INSTRUCTIONS * * * * PLEASE READ CAREFULLY * * * * Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the Volusia County Purchasing and Contracts Division shall contact the Division office in DeLand, (386) 736 -5935, at least five (5) days prior to the scheduled opening or meeting. 1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope 5. CLARIFICATION /CORRECTION OF ENTRY: The County of Volusia or package. The invitation number, title, and opening date shall be clearly displayed reserves the right to allow for the clarification of questionable entries and the correction of on the outside of the sealed envelope or package. The delivery of responses to the OBVIOUS MISTAKES. Volusia County Purchasing and Contracts Division Office prior to the specified date and time is solely and strictly the responsibility of the offeror. Any submittal received 6. INTERPRETATION /ADDENDA: Any questions concerning conditions and in the Purchasing and Contracts Division Office after the specified date and time will specifications shall be directed to the designated contact person. Those interpretations not be considered. which may affect the eventual outcome of the invitation/offer shall be furnished in writing to prospective offerors. Responses shall be submitted on forms provided by the County. Additional information may be attached to the submittal. Facsimile submissions are NOT No interpretation shall be considered binding unless provided in writing by the County of acceptable, No offer may be modified after acceptance. No offer may be withdrawn Volusia Purchasing and Contracts Division in the form of an addendum. Any addenda after opening for a period of ninety (90) days unless otherwise specified. issued shall be acknowledged by signature and returned with offeror's response. 2. EXECUTION OF OFFER: Offer shall contain a manual signature in the Failure to acknowledge addenda may result in the offer not being considered. space(s) provided of a representative authorized to legally bind the offeror to the provisions therein. All spaces requesting information from the offeror shall be 7. INCURRED EXPENSES: This invitation does not commit the County to make an completed. Responses shall be typed or printed in ink. Use of erasable ink or pencil is award nor shall the County be responsible for any cost or expense which may be incurred not permitted. Any correction made by the offeror to any entry must be initialed. by any respondent in preparing and submitting a reply, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement. 3. OPENING: Opening shall be public in the Volusia County Purchasing and Contracts Division immediately following the advertised deadline date and time for 8. DISADVANTAGED BUSINESSES: The County of Volusia, Florida, has adopted receipt of submittals. Pursuant to Section 119.07(3) (0) Florida Statutes (1991) no policies which assure and encourage the full participation of Disadvantaged Business further information regarding offers submitted will be made public until such time of Enterprises (DBE) in the provision of goods and services. Further, the County of Volusia intended award or ten (10) days, whichever is earlier. will monitor the DBE program with respect to the goals as established by County Council. 4. PUBLIC RECORD: The County of Volusia, Florida, is governed by the Public 9 LOCAL BUSINESSES: The County Council has established a policy to encourage Record Law, Chapter 119, Florida Statutes. Pursuant to Chapter 119 only trade secrets participation of Volusia County businesses in the provision of goods and services. The as defined in Section 812.081, Florida Statute shall be exempt from disclosure. County will endeavor to assist local businesses to achieve this goal. CONTINUED ON NEXT PAGE 1 10. PRICING: Unless otherwise specified prices offered shall remain firm for a period services, including use by the County of Volusia. If the supplier /provider uses any of at least sixty (60) days; all pricing of goods shall include FOB DESTINATION, all design, device, or materials covered by letters, patent. copyright. or registration, it is packing, handling, shipping charges and delivery to any point(s) within the County to a mutually agreed and understood without exception that the quoted price shall include secure area or inside delivery; all prices of services shall include all expenses necessary all royalties or costs arising from the use of such design, device, or materials in any to provide the service at the location specified. way involved. 11. ADDITIONAL TERMS & CONDITIONS: The County of Volusia reserves 23. TRAINING: Unless otherwise specified suppliers /providers may be required at the the right to reject offers containing terms or conditions contradictory to those requested convenience of and at no expense to the County to provide training to County in the invitation specifications. personnel in the operation and maintenance of any item purchased as a result of this invitation. 12. TAXES: The County of Volusia is exempt from Federal Excise Taxes and all sales taxes. Florida State Exemption Certificate No. 74 -07 -059158 -53C. 24. ACCEPTANCE: Products purchased as a result of this invitation may be tested for compliance with specifications. Items delivered not conforming to specifications may 13. DISCOUNTS: All discounts except those for prompt payment shall be considered be rejected and returned at bidder's expense. Those items and items not delivered by in determining the lowest net cost for evaluation purposes. the delivery date specified in accepted offer and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. 14. MEETS SPECIFICATIONS: The offeror represents that all offers to this invitation shall meet or exceed the minimum requirements specified. 25. SAFETY WARRANTY: Any awarded supplier /provider including dealers, distributors, and/or manufacturers shall be responsible for having complied with all 15. BRAND NAME OR EQUAL: If items requested by this invitation have been Federal, State, and local standards, regulations, and laws concerning the product or identified in the specifications by a Brand Name "OR EQUAL" description, such service specified, and the use thereof, applicable and effective on the date of identification is intended to be descriptive and not restrictive and is to indicate the manufacture or use or date in service including safety and environmental standards as quality and characteristics of products that will be acceptable. Offers proposing apply to both private industry and governmental agencies. "equal" products will be considered for award if such products are clearly identified in the offer and are determined by the County to meet fully the salient characteristic 26. WARRANTY: The offeror agrees that, unless otherwise specified, the product requirements listed in the specifications. and/or service furnished as a result of this invitation and award thereto shall be covered by the most favorable commercial warranty the offeror gives to any customer for Unless the offeror clearly indicates in his/her offer that he/she is proposing an "equal" comparable quantities of such products and/or services and that the right and remedies product, the offer shall be considered as offering the same brand name product provided herein are in addition to and do not limit any rights afforded to the County of referenced in the specifications. Volusia by any other provision of the invitation /offer. If the offeror proposes to furnish an "equal" product, the brand name of the product to 27. AWARD: As the best interest of the County may require, the County reserves the be furnished shall be clearly identified. The evaluation of offers and the determination right to make award(s) by individual item, group of items, all or none, or a combination as to equality of the product offered shall be the responsibility of the County and will thereof; on a geographical basis and/or on a countywide basis with one or more be based on information furnished by the offeror. The Purchasing and Contracts supplier(s) or provider(s); to reject any and all offers or waive any irregularity or Division is not responsible for locating or securing any information which is not technicality in offers received. Offerors are cautioned to make no assumptions unless identified in the response and reasonably available to the Purchasing and Contracts their offer has been evaluated as being responsive. Any or all award(s) made as a Division. To insure that sufficient information is available the offeror shall furnish as result of this invitation shall conform to applicable ordinances of the County of part of the response all descriptive material necessary for the Purchasing and Contracts Volusia, Florida. Division to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the offeror proposes to furnish 28. VIOLATIONS: Any violation of any of the stipulations, terms, and/or conditions and what the County would be binding itself to purchase by making an award. listed and/or included herein may result in the offeror/bidder being removed from the County Bid list and the offeror/bidder being disqualified from doing business with the 16. SAMPLES: When required, samples of products shall be furnished with response to County for a period of time to be determined on a case -by -case basis. the County at no charge. Samples may be tested and will not be returned to the offeror. The result of any and all testing shall be made available upon written request. 29. For purposes of this Invitation and evaluation of responses hereto the following shall apply: unit prices shall prevail over extended prices; written matter shall prevail over 17. SILENCE OF SPECIFICATIONS: The apparent silence of these typed matter; numbers spelled in word form shall prevail over Arabic numerals ( "one" specifications or any supplemental specifications as to details or the omission from over "I "). When not inconsistent with context words used in the present tense include same of any detailed description concerning any point, shall be regarded as meaning the future, words in the plural number include the singular number. and words in the that only the best commercial practices are to prevail and that only materials of first singular number include the plural number. The word "shall" is always mandatory and quality and correct type, size, and design are to be used All workmanship shall be first not merely directory. quality. All interpretations of specifications shall be made upon the basis of this statement. 30. DEFINITIONS: 18. GOVERNING LAWS: Any agreement to purchase resulting from this invitation COUNTY — The tern "County" herein refers to the County of Volusia, shall be govemed by the laws, regulations, and ordinances of the State of Florida and Florida, and its duly authorized representatives and any jurisdiction within Volusia the County of Volusia, Florida. Venue shall be non -jury in the Circuit Court of County. Volusia County, Florida. OFFEROR — The term "offeror" used herein refers to any dealer, 19. ASSIGNMENT: Any agreement to purchase issued pursuant to this invitation and award thereof and the monies which may become due hereunder are not assignable the t a sst distributor, , or business organization submitting bmitting an offer to except with the prior written approval of the County Director of Purchasing and to the County in n response to this invitation. Contracts. BIDDER — The term "bidder" used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a 20. CONTENT OF INVITATION/RESPONSE: The contents of this invitation, contract nd/or purchase order pursuant to the terms and conditions of the invitation all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an agreement to purchase and and accepted cepted offer. become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or service requested herein shall supercede the requirements of the USING AGENCY — The term "using agency" used herein refers to any "GENERAL CONDITIONS AND INSTRUCTIONS." department, division, agency, commission, board, committee, authority, or another unit in the County government using supplies or procuring contractual services as provided 21. LIABILITY: The supplier /provider shall hold and save the County of Volusia, its for in the Purchasing Ordinance of the County of Volusia, Florida. officers, agents, and employees harmless against claims by third parties resulting from HEAVY DUTY - The item(s) to which the term "Heavy Duty" is applied breach of contract or negligence by the supplier /provider. shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual stain, exposure. temperature, wear 22. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier /provider, and use. without exception, shall indemnify and save harmless the County of Volusia, its officers, agents and employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or THE COUNTY OF VOLUSIA RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE COUNTY 2 Bid 08-B-1 08JG The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids for a contract to furnish Leased Uniforms and Miscellaneous Items for the County of Volusia, Florida. 1.0 OVERVIEW 5 2.0 TECHNICAL SPECIFICATIONS 6 3.0 GENERAL TERMS & CONDITIONS 11 3.1 Bid Closing Date 11 3.2 Proposed Schedule 12 3.3 Delivery of Bids 12 3.4 Public Bid Opening 12 3.5 Bid Submittal Form 12 3.6 Questions Concerning Bid 13 3.7 Clarification and Addenda 13 3.8 Award 14 3.9 Definition of Responsive and Responsible for this Bid 14 3.10 Other Agencies 14 3.11 F.O.B. Point 15 3.12 Assignment 15 3.13 Contract 15 3.14 Disclosure of Bid Content 15 3.15 Bidder's Responsibility 16 3.16 Payment Terms 16 3.17 Certificates 17 3.18 Minor Irregularities 17 3.19 Insurance 17 3.20 Governing Law and Venue 18 3.21 Additional Terms 19 3.22 Award Term 19 3.23 Price Redetermination - Fuel 19 3.24 Price Redetermination 20 3.25 Unusual Costs 21 3.26 Deviations 21 3.27 Material Safety Data Sheet 21 3.28 Waiver of Claims 21 3.29 Termination / Cancellation of Contract 21 3.30 Termination for Default 22 3.31 Termination for County's Convenience 22 3.32 Incurred Expenses 22 3.33 Minimum Specifications 23 3.34 Compliance with Laws and Regulations 23 3.35 Indemnification of County 23 3.36 Records & Right to Audit 23 3.37 Change in Scope of Work/Service 23 3.38 Modifications Due to Public Welfare or Change in Law 24 3.39 Right to Require Performance 24 3.40 Force Majeure 25 3.41 Bidder's Personnel 25 3.42 Claim Notice 26 P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 3 of 40 Bid 08-B-1 08JG 3.43 Contract/Bidder Relationship 26 3.44 New Material 26 3.45 Disadvantaged Business Enterprise Program 27 3.46 Conflict of Interest Form 27 3.47 Definitions 27 4.0 SUBMITTAL REQUIREMENTS 28 5.0 BID SUBMITTAL FORM 30 6.0 REFERENCES 32 7.0 CONFLICT OF INTEREST FORM 33 8.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME AND DISCRIMINATORY VENDOR LIST REQUIREMENTS AND DISQUALIFICATION PROVISION 34 9.0 NON - DISCLOSURE AGREEMENT for CONFIDENTIAL MATERIALS 35 10.0 HOLD HARMLESS AGREEMENT 40 P: \JOSIE \Bids12008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 4 of 40 Bid 08- B -108JG 1.0 OVERVIEW The County of Volusia spends approximately twenty -seven thousand dollars ($27,000.00) per year in leasing uniforms and eighteen thousand ($18,000.00) for miscellaneous items for County employees. The County does not guarantee any expenditure under any resulting contract. The contract shall run for a five (5) year term, with one (1) subsequent two year renewal, upon mutual written agreement and approval of Volusia County Council. Prices shall remain firm for the initial five -year period. Vendors shall indicate the maximum percentage of increase the County may experience in years six and seven on the proposal pages. Currently, Votran leases uniforms although other County divisions may utilize any resulting contract. Garments may be leased for approximately 180 employees. The County reserves the right, if necessary, to increase or decrease the estimated quantity during the period of the contract at no increase in price. Should the County need a large increase or decrease in the personnel utilizing this service, due to change in County services, the total cost and numbers may be adjusted by mutual agreement. It is anticipated that the majority of employees will utilize four (4) changes per week, except where noted otherwise, however, the unit prices entered on the proposal pages for this representative quantity shall remain the same for anywhere from one (1) to six (6) changes per week. ❑ 1 change per week requires a stock of three (3) garments ❑ 2 changes per week requires a stock of five (5) garments ❑ 3 changes per week requires a stock of seven (7) garments ❑ 4 changes per week requires a stock of nine (9) garments ❑ 5 changes per week requires a stock of eleven (11) garments ❑ 6 changes per week requires a stock of thirteen (13) garments The Contractor shall replace all leased uniforms on a twelve- (12) month or upon request basis. Each uniform shall be replaced with a completely new uniform on the contract anniversary date, six months after the anniversary date or upon request by the using department. New employee or replacement uniforms issued during the last six (6) months of the twelve (12) month contract period will not be replaced until the next contract period. The value of the uniform being replaced will be considered as $0.00 but the uniforms will be returned to the vendor, if so requested by the vendor. The vendor shall initiate stated replacements automatically, except in the case of "upon request ". Failure to replace uniforms, as stated above shall constitute a breech of contract on the part of the Contractor and shall be grounds for termination of said contract. The County employees will clean these uniforms. All costs to be charged to the County must be included in this bid proposal. Prices shall include all alterations necessary for a proper fit. Any incidental charges that may be added to direct costs must be fully explained including under what conditions they might be imposed. Any charges made to the County that are not explained in the Bid proposal shall not be paid. All incidental charges above direct lease costs shall be submitted on a separate invoice. P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 5 of 40 Bid 08- B -108JG A full explanation of all codes or other descriptions of charges made on invoices shall be provided to the Purchasing Department prior to award of the contract. Charges on an invoice that are not identifiable shall not be paid. Contractors are requested to submit a proposal covering all items listed. The variety of uniform items available may be a consideration in the award of this bid. This does not prohibit the County from making a multiple award. 2.0 TECHNICAL SPECIFICATIONS 2.1 Garment Manufacturers Garments provided are to be high quality, heavy weight items from Red Kap, Big Ben, Dickie or approved equal. Contractor shall state manufacturer and the manufacturer's stock or part number of the item being bid in all items where "Mfg._ Stk. #" appear under the item description. If the Contractor will be using their own stock or part number for ordering, please attach a list of the manufacturer's description and part number with the contractor's order number across from it. If other than "Red Kap ", "Big Ben" or "Dickie ", send descriptive literature, including a complete description of all materials used and the construction of the item, and a catalog on the quoted product thoroughly describing all alternate items. All garments delivered to the County shall display the specified manufacturer's label. The County requires superior uniforms made of high quality and durable materials, made with the highest quality of workmanship and designed for the maximum comfort. Standard, light duty, work uniforms will not satisfy this requirement. Low quality or "bid line" items will be rejected, and may be cause for rejection of your proposal. The lease uniforms are to be heavy weight 65% polyester and 35% cotton blend or 100% cotton, except as otherwise specified. Alternates may be accepted, but must be identified as alternates, with a complete description accompanying the proposal. The contractor shall include a complete set of technical, illustrative and descriptive literature and /or brochures with each proposal that thoroughly describe the product(s) quoted, including material weight, composition and details of construction. Colors: Colors of garments will be chosen from the manufacturer's standard colors. 2.2 Garments Trousers: Trousers will be without cuffs. We need to have the choice of pleated or unpleated trousers. They will have two (2) side inverted swing pockets, two (2) rear inset pockets, with button closure on left rear pocket, bar stitched belt loops and zipper fly closure. Shirts, Blouses, & Smocks: Shirts will have long or short sleeves as ordered for each employee. They will have a button front and one(l) patch breast pockets without button closures. The collar will be equipped with permanent collar stays. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 6 of 40 Bid 08-B-1 08JG Jackets: Jackets will have a zipper front and two (2) breast pockets and button closures. The cuffs will have dual buttons for wrist adjustments. The waistband will have dual buttons on both sides for waist size adjustments. Jackets will be fully lined. Samples shall be required with each submittal for purposes of evaluation. Samples shall be for the exact material, quality, workmanship, style, and color of the garments proposed to be furnished. The samples shall be furnished free of charge and if not destroyed during evaluation, may be returned to the vendor at the vendor's expense upon request, if said request is received in writing within thirty (30) days of award of contract(s). Failure to submit samples may eliminate the bid from further consideration. 2.3 Delivery Each location participating in this contract shall have a designated contact person who will be at that location the entire workday. The driver for that route MUST clear all pick- ups and deliveries with that contact person and the contact person and driver must both sign all pick -up /delivery slips to confirm their accuracy. No minimum delivery requirements are allowed. Delivery shall not be delayed awaiting missing items or items being altered. Deliveries shall be made at any location throughout the County. Delivery and service shall be made at the same approximate time and day of the week. All garments picked up one week shall be returned the following week. All garments shall be individually counted by the County representative and confirmed by the delivery driver, then delivered to the location specified by each division. Uniforms for employees shall be clipped together and labeled with the employee's name for ease of identification. Any garment not returned the following week would be considered as missing and so noted on the pick -up /returned uniform sheet. All garments not so noted shall be considered as returned. Any garment not returned within two (2) weeks shall be considered lost and the contractor before payment of the next invoice will replace the garment. The contractor shall be responsible for all damage to garments prior to receipt and acceptance by the County. 2.4 Uniform Replacement Policy The contractor shall be responsible for the repair of all damage to the leased garments. Garments shall be maintained in a constant state of superior condition, with buttons securely attached and missing buttons replaced. All garments considered unsightly due to mending, stains, rips or excessive wear shall be replaced with garments equal to the original in the appropriate size at no additional charge to the County. New garments on an as needed basis shall replace worn or damaged garments during the contract period. Employees may go up or down in size without cost incurred for replacement uniforms. Failure of a vendor to replace garments that meet the above - mentioned criteria shall be cause for exercising the cancellation clause of the contract. P:\JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 7 of 40 Bid 08- B -108JG Tags shall be provided by the contractor to all County leasing locations for the purpose of marking those garments that, in the County's opinion, require repair or replacement. Tagged garments shall be repaired or replaced with new garments, or a written explanation by the contractor explaining why the garment has not been repaired or replaced shall be attached to the tag when the garment is returned. Failure of the contractor to repair garments to a satisfactory condition shall be cause to withhold payment of the next invoice until the repair is accomplished. The County shall contact the vendor's driver when garments require repairs or replacement. 2.5 Sizes The contractor at the location of the employee(s) shall do measuring for the new uniforms for changeover. The contractor shall visit each installation during changeover for the purpose of individually measuring all personnel for whom garments will be ordered. Measurements for the initial lease must be completed within thirty (30) days from notification of the award, scheduling will be arranged by the contractor with the appropriate departments. The County will provide a list of Department telephone numbers. Delivery of new uniforms to the employee's location must be within ten working days after the measuring is completed. "Measuring" will include physical measurements taken by an experienced professional and "trying on" of a sample garment of the exact type and size that the employee will be ordering. It is the responsibility of the contractor to provide a sufficient number of sample uniforms for this purpose whenever measurements are taken. No verbal measurements will be acceptable. Proper fit of uniforms shall be guaranteed. All new employees will be measured for uniforms within two working days of notification. The County requires that the measuring for new employees be done at the employee's work site. Replacement uniforms for existing employees who have been measured previously may be sized from existing records with verification that the employee has not changed sizes; any change in size will be verified by physical measurement. The contractor shall maintain a local stock of uniforms to cover any replacements or new employee uniforms. Sizes for shirts range from small to 5X large. Pants and shorts range from a size 4 to 28, for women; and size 29 to 60 for men. As employees are added, other sizes may be required. 2.6 Amortization Schedule An amortization schedule for lost /damaged uniforms is required to be enclosed with the proposal. Failure to provide the amortization schedule may be cause to consider the proposal as non - responsive. The schedule is to commence on the first month after issue until a $0.00 value is achieved for the twelfth month, depending upon which option the County exercises. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 8 of 40 Bid 08- B -108JG 2.7 Lost or Damaged Garments If an inventory is taken, and is audited and approved by the County, and it indicates that garments are missing, responsibility for the missing units will be on the following basis: The County will only consider invoices for lost or damaged garments when there is a receipt signed by a responsible County employee verifying the loss or damage. The receipt must be specific to the purpose, and detailed. General statements that state loss or damage occurred without details of garment type, quantity, date garment was issued new and personnel involved, shall not be considered. The County will assume responsibility for any documented losses where the Loss has been proven to occur while the garment was in the custody of a County employee. Payment for said garments shall be based on the contractor's contracted value of such garments according to the amortization schedule. Initial price of garments in the amortization schedule is to be no more than the purchase prices listed in this solicitation. Invoices for damaged uniforms will only be paid when it is proven that the uniform was damaged through negligence of the County employee. The nature of a "work" uniform suggests hard use and accelerated wear of the garment. Therefore, it is the position of the County that "damage" will occur in the normal wearing of a work uniform and replacement with a new uniform is a normal consequence. Invoicing for lost or damaged garments will only occur when the garment is proven to be missing, or damaged through negligence of a County employee. Invoicing for lost or damaged garments must be on a separate invoice submitted to the department. Charges for lost or damaged garments listed on a regular lease invoice will be crossed out and not paid. The frequent invoicing by a contractor for lost or damaged garments indicates that the contractor may be using the charges as an additional source of revenue. The costs for lost or damaged garments will be monitored closely for the appearance of this pattern. Uniform garments lost or ruined by the contractor will be replaced immediately with a new garment equal to the original. 2.8 Location / Employee List The contractor will provide a list for each location, listing all employees leasing uniforms at that location and the type and quantity of all garments the employee receives. This "List" is to be replaced quarterly and submitted to the County Purchasing Department. 2.9 Leased Uniforms Leased garments will be required for approximately one hundred seventy five (175) employees and shall be priced and ordered on an individual item basis. Repairs will be on a contracted per item cost basis as listed on the proposal page. The vendor as P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 9 of 40 Bid 08- B -108JG described earlier in this specification will make replacements. The uniforms will remain the property of the vendor. To differentiate between drivers, office personnel and supervisors, the color and /or pattern of the shirts will differ. The following garments will be required for approximately the number of employees indicated. The County reserves the right, if necessary, to increase or decrease the estimated quantity during the period of the contract at no increase in price. Approximately one hundred forty-five (145) employees will require: Five (5) light blue shirts, 60/40 cotton /polyester oxford (both long & short sleeve w /pocket) and /or 50/50 cotton /polyester knit. Employees will choose either five oxfords or 4 oxfords and 1 knit. Approximately ten (10) employees will require: Five (5) light blue striped shirts, 60/40 cotton /polyester oxford (both long & short sleeve w /pocket) and /or 50/50 cotton /polyester knit. Employees will choose either five oxfords or 4 oxfords and 1 knit. Approximately eleven (11) employees will require: Five (5) white shirts, 60/40 cotton /polyester oxford (both long & short sleeve w /pocket) and /or 50/50 cotton /polyester knit. Employees will choose either five oxfords or 4 oxfords and 1 knit. Approximately one hundred seventy -five (175) employees will require: Four (4) navy 65/35 cotton /polyester pleated or unpleated pants and /or shorts (ladies and men's). Employees will choose any combination of pants or shorts to equal 4 pair. Approximately one hundred seventy -five (175) employees will require: One (1) waist length jacket with zip out liner. The minimum inventory for leased uniforms shall be the issue quantity. 2.10 Identification Emblems Prices shall include cost of up to four (4) direct dye imprinting, or sewn emblem of the County or Department logo on which is embroidered, in script lettering the appropriate department name. The County or Department logo shall be dyed or sewn over the right breast on all shirts, blouses, smocks, jackets, coats, T- shirts, sweatshirts, coveralls, etc, unless otherwise specified by Division. The emblem dyed or sewn over the left breast will be the name of the wearer. Both the County or Department logo emblem and the name emblem must match in color and general appearance, and be a color which is suitable for the garment they are attached to. If there is a cost differential for embroidering of the logo and /or first name onto the garment, this cost should be shown separately on the bid quotation form. The cost shown should be the difference only between the costs of the two processes. The logo or script, border, and backing shall be in color(s) appropriate to the garment colors with the stitched lettering to preferably match or be darker than the garment color chosen. Emblem size is to be a minimum of 2 inches by 2 inches and a maximum of 4 inches by 4 inches, unless otherwise specifically specified by any Division. P: \JOSIE\Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 10 of 40 Bid 08-B-1 08JG The County will provide camera -ready artwork for the logo(s), if required. If County or Department logo emblems and /or name emblems are provided by a County Department, the vendor will sew the emblems on free of charge. If only the County Department provides one new emblem, the Vendor must provide the other emblem to match. If the emblem change is made during a contract renewal uniform changeover, they will be provided and sewn free of charge as specified. If the County Department requires both emblems to match immediately during an existing contract period, the Vendor will provide the appropriate second emblem for a negotiated reasonable cost, and sew the emblems on free of charge. All emblem changes will be required to continue for subsequent contract periods. 2.11 Repairs Normal wear and tear will occur with the twelve month time frame when uniforms will be replaced. Missing buttons, rips, tears, and other damage that can be repaired shall be accomplished on a weekly basis. Uniforms shall be inspected prior to being returned to employees to ensure that the garments are fit for use. Employees should not be required to call to the Contractor's attention the need for repair. However, if an employee does notify the Contractor in writing of the need for such repairs and the Contractor does not return the garment(s) repaired, the employee shall not be charged for said garments until s uch time as the repair(s) are accomplished. lished. Should garments be returned to an employee P air more than twice without the repairs(s) being accomplished, the employee shall not be charged for any uniforms until said repairs are accomplished. 2.12 Customer Service The Contractor shall set in place some type of customer service survey tool. Comment cards shall be made available to all employees for use to communicate with the Contractor. Quarterly reports summarizing surveys and comment card communications shall be delivered to the County's Contract Administrator or designee. Contractors shall outline the tools utilized to ensure customer service in Section 4.9. 2.13 Additional Items It is the desire of the County to provide additional miscellaneous items to divisions that are typically associated with leased uniforms. Items including, but not limited to: carpet mats, shop towels, fender /seat covers and terry towels. Sizes are detailed on page three (3) of the Proposal Pages. 3.0 GENERAL TERMS & CONDITIONS 3.1 Bid Closing Date Bids must be received by the Volusia County Purchasing and Contracts Office, Room 304, Third Floor, 123 West Indiana Avenue, DeLand, FL, 32720 -4608, no later than 3:00 p.m., local time, on Wednesday, May 21, 2008. Bids received after this time will not be considered. P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 11 of 40 Bid 08- B -108JG 3.2 Proposed Schedule April 16, 2008 Invitation to Bid Available May 21, 2008 Bid Closing Date July 1, 2008 Planned Award Date 3.3 Delivery of Bids All Bids shall be sealed and delivered or mailed to (faxes /e -mails will not be accepted): County of Volusia, Florida Purchasing and Contracts Office, Room 304 123 West Indiana Avenue, 3rd floor DeLand, Florida 32720 -4608 Mark package(s) "Bid #08 B 108JG, Leased Uniforms and Miscellaneous Items" Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to Room 304, in the Purchasing and Contracts Office on the third (3rd) floor at the above address. To be considered, a Bid must be received and accepted in the Purchasing and Contracts Office before the Bid closing date and time. 3.4 Public Bid Opening A. The Bids will be available for inspection during normal business hours in the Purchasing and Contracts Office within ten (10) days of the closing date, by appointment (Florida Statute 119.071 (1) (b)). B. A copy of the completed Bid tabulation will be available on the Purchasing and Contracts Division web page at http: / /vcservices .vcgov.org /bidlistnetl within ten (10) days. C. Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public Bid openings or meetings should contact the Volusia County Purchasing and Contracts Office in DeLand, (386) 736 -5935 at least five (5) days prior to the meeting date. 3.5 Bid Submittal Form A. See Submittal Requirements for complete details Note: It is not necessary to return every page of this document with the bid proposal; return only the pages that require signatures or information. B. Each bidder shall submit three (3) complete sets of the Bid Submittal: • One (1) hard copy marked "ORIGINAL" • One (1) hard copies marked "COPY" P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 12 of 40 Bid 08- B -108JG • One (1) COMPLETE electronic copy on a CD in PDF format (Excel spreadsheets shall not be recorded in PDF). Note the solicitation number and name of company on the disk. If a Non - Disclosure Agreement is signed and confidential materials are submitted, such confidential materials shall not be included on the master CD. Confidential materials shall be segregated on a separate CD, plainly labeled "Confidential Materials ". C. The Invitation to Bid page and the Bid Submittal Form must be signed by an official authorized to legally bind the bidder to all bid provisions. D. Terms and conditions differing from those in this Bid shall be cause for disqualification of the Bid Submittal. 3.6 Questions Concerning Bid A. Questions concerning any portion of this Bid shall be directed in writing or by e -mail to the Procurement Analyst named below, who shall be the official point of contact for this Bid. Questions should be submitted at least seven (7) days prior to the closing date. B. Mark cover page or envelope(s) "Questions on Bid # Bid #08- B- 108JG, Leased Uniforms and Miscellaneous Items" C. Submit questions to: Josie Gomez, Procurement Analyst Telephone 386 - 822 -5779 Fax: 386 - 626 -6554 E-mail jgomez 3.7 Clarification and Addenda A. It is incumbent upon each bidder to carefully examine all specifications, terms, and conditions contained herein. Any inquiries, suggestions, or requests concerning interpretation, clarification or additional information shall be made in writing, (facsimile transmissions acceptable, 386 - 736 -5972) through the Procurement Analyst named above. The County will not be responsible for any oral representation(s) given by any employee, representative or others. The issuance of a written addendum is the only official method by which interpretation, clarification or additional information can be given. B. If it becomes necessary to revise or amend any part of this Bid, notice may be obtained by accessing our web site. The bidder in the Bid Submittal must acknowledge receipts of amendments. Each bidder should ensure that all addenda and amendments to this Bid have been received BEFORE submitting the Bid. Check the Volusia County web site at http:// vcservices .vcgov.org /bidlistnetl for any addenda. P:WOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 13 of 40 Bid 08- B -108JG 3.8 Award The County reserves the right to award the contract to the bidder(s) that the County deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation. The County is therefore not bound to accept a bid on the basis of lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Bid, to reject any and all bids, to waive any and all informalities and /or irregularities, or to re- advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and /or services specified, if it is deemed to be in the County's best interest. 3.9 Definition of Responsive and Responsible for this Bid Each bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this bid. (Responsive) B. The greatest benefits to Volusia County as it pertains to: (Responsible) L Total Cost 2. Delivery / availability 3. Qualifications / Past Performance. In order to evaluate past performance, all bidders are required to submit: a. A list of references with the bid and; b. A list of relevant projects completed within the last 3 years that are the same or similar to the magnitude of this ITB. At least one of said references shall be for a customer serviced for a minimum of three years. 4. All technical specifications associated with this bid. 5. Financial Stability: Demonstrated ability, capacity and /or resources to acquire and maintain required staffing. Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award will be made to the lowest responsive, responsible, bidder whose bid represents the best overall value to the county when considering all evaluation factors. 3.10 Other Agencies A. All bidders awarded contracts from this Bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. B. It is understood that at no time will any city or municipality or other agency be obligated for placing an order for any other city, municipality or agency; nor will any city or municipality or agency be obligated for any bills incurred by any other city or municipality or agency. Further, it is understood that each agency will issue its own purchase order to the awarded bidder(s). P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 14 of 40 Bid 08- B -108JG 3.11 F.O.B. Point The F.O.B. point for this contract and for all purchases made under it shall be as specified by the using department (in accordance with the Bid Submittal Form), in Volusia County, Florida. Delivery will not be complete until the using department has accepted each item. Delivery to a common carrier shall not constitute delivery to the ordering agency. All disputes shall be between the seller/bidder and the carrier. 3.12 Assignment The awarded bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any award or of any of its rights, title, or interests therein, without the prior written consent of the County of Volusia, Director of Purchasing and Contracts. County Council shall approve any requests for assignments and /or sub - letting of leasing contracts prior to responding to such requests. 3.13 Contract A. The contents of this Bid and all provisions of the successful proposal deemed pertinent by the County may be incorporated into a contract and become legally binding. A separate contract document, other than the purchase order. will not be issued. B. The Director of Purchasing and Contracts, County Manager, and County Chair are the sole Contracting Officers for the County of Volusia, Florida, and only they or their designee are authorized to make changes to any contract. C. The County shall be responsible for only those orders placed by the County on an authorized signed Purchase Order or Price Agreement. The County shall not be responsible for any order, change substitution or any other discrepancy from the Purchase Order or Price Agreement. If there is any question about the authenticity of a Purchase Order, Price Agreement or change order, the bidder should promptly contact the Purchasing and Contracts Office at (386) 736 -5935. 3.14 Disclosure of Bid Content A. All material submitted becomes the property of the County and may be returned only at the County's option. The County has the right to use any or all ideas presented in any reply to this Bid. Selection or rejection of any Bid Submittal does not affect this right. B. The County of Volusia, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the County for road or public works projects as defined in 119.071(1)(c), F.S. (hereinafter "Confidential Materials "), may be exempt from disclosure. If a Bidder submits Confidential Materials, the information must be segregated, accompanied by an executed P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 15 of 40 Bid 08- B -108JG Non - disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled "confidential" or "trade secret." The County will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the County shall execute the Agreement and send the Contractor a "Receipt for Trade Secret Information." RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. It is the sole responsibility of the Bidder to identify any material as Trade Secret and to complete the Non - Disclosure Agreement for any material submitted to the County. Any material not identified and accompanied by a Non - Disclosure Agreement is Public Record, regardless of any notations on the material of "Confidential" or "Copyright ". 3.15 Bidder's Responsibility The bidder, by submitting a Bid represents that: A. The bidder has read and understands the Invitation to Bid in its entirety and that the Bid is made in accordance therewith, and; B. The bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County, and; C. Before submitting a Bid, each bidder shall make all investigations and examinations necessary to ascertain site and /or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the County of Volusia, Florida, upon which the bidder will rely. If the bidder receives an award because of its Bid Submittal, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the bidder for additional compensation or relief. D. The bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the contract term or up to and including three (3) fiscal years following the County's annual audit. 3.16 Payment Terms A. The County will remit full payment on all undisputed invoices within 30 (thirty) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 16 of 40 Bid 08- B -108JG B. Pursuant to Chapter 218, Florida Statutes, the County will pay interest, not to exceed one percent (1 %) per month, on all undisputed invoices not paid within 30 (thirty) days after receipt of the entire order of the commodity or service, AND a properly completed invoice, whichever is later. C. The County has the capabilities of Electronic Fund Transfer (EFT). List any discounts for prompt payment and /or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. D. By submitting a Bid (offer) to the County of Volusia, Florida, the bidder expressly agrees that if awarded a contract, the County may withhold from any payment, monies owed by the bidder to the County for any legal obligation between the bidder and the County, including, but not limited to real property taxes, personal property taxes, fees, and commissions. 3.17 Certificates The County reserves the right to require proof that the bidder is an established business and is abiding by the ordinances, regulations, and laws of their community and the State of Florida, such as but not limited to: Business Tax Receipts, Business Licenses, Florida Sales Tax Registration, Federal Employers Identification Number. 3.18 Minor Irregularities The County reserves the right to waive minor irregularities in Bid Submittals, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving the bidder an advantage or benefit not enjoyed by other bidders. 3.19 Insurance The bidder shall secure and maintain, at its sole cost and expense during the contract term, the following insurance: • Commercial General Liability — in the amount of $3 million aggregate / $1 million per occurrence. • Liability — Auto, in the amount of $100,000/300,000 / Any Auto • Workers Compensation — As required by Florida law. Requirements for bidders that qualify for an exemption under the Florida Worker's Compensation law in Chapter 440 Florida Statutes are detailed below: P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 17 of 40 Bid 08- B -108JG Incorporated or unincorporated firms with fewer than four employees shall be required to sign a Hold Harmless Agreement relieving the County of liability in the event they and /or their employees are injured while providing goods and /or services to the County. Incorporated or unincorporated firms with four or more employees shall be required to provide a copy of their "Notice of Election to be Exempt ", along with valid proof of coverage for non - exempt employees. The Hold Harmless Agreement mentioned above is included as an attachment to this bid. Said Agreements shall be returned with the bid proposal as detailed in the Submittal Requirements. The County reserves the right to request a copy of the complete insurance policy(ies) and any endorsements for the insurance referenced above. A certificate of insurance indicating that the bidder has coverage in accordance with the requirements herein set forth shall be furnished by the bidder to the County Representative prior to the execution of the contract and annually upon renewal thereafter. The Bidder shall either cover any subcontractors on its policy or require the subcontractors to obtain coverage to meet all requirements for insurance contained herein. Bidder agrees that County will make no payments pursuant to the terms of the contract g Y PY P until all required proof or evidence of insurance has been provided to the County Representative. Bidder agrees that the insurer shall waive its rights of subrogation, if any, against the County on Commercial General Liability and Workers Compensation insurance coverage. The ACORD certificate of Liability Insurance, with endorsements shall be completed by the authorized Resident Agent and returned to the Purchasing and Contracts Office. This certificate shall be dated and show: A. The name of the insured bidder, the specified job by name, name of the insurer, the number of the policy, its effective date and its termination date. B. Statement that the Insurer will mail notice to the County at least 30 (thirty) days prior to any material changes in provisions or cancellation of the policy. C. County shall be named as an additional insured on Commercial General Liability Insurance. Loss Deductible Clause: The County shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the bidder and /or sub - consultant providing such insurance. 3.20 Governing Law and Venue All legal proceedings brought in connection with this Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Volusia County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando division. Each party hereby agrees to submit P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 18 of 40 Bid 08- B -108JG to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this Contract. In the event that a legal proceeding is brought for the enforcement of any term of the contract, or any right arising therefrom, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non jury trial for the adjudication of such suit. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. 3.21 Additional Terms The attached Invitation to Bid cover page contains additional terms and conditions. These written specifications take precedence over terms and conditions on the Invitation to Bid Page. 3.22 Award Term The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Contractor(s) shall be awarded five year term with one subsequent two year renewal. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council. 3.23 Price Redetermination - Fuel The bidder may petition the Director of Purchasing and Contracts for price redetermination if /when the price of fuel increases by a minimum of ten (10 %) percent. Any price redetermination will be solely based upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU0571" or " #2 diesel fuel - WPU057303" as published by the Bureau of Labor Statistics, which can be found on -line at http: / /stats.bls.gov. The base index number will be the month of April 2008. Subtracting the base index number from the current index number and dividing the result by the base index number calculates the maximum percentage increase allowed. Any price redetermination will include all items awarded. If the County and the bidder cannot agree on any price redetermination, then the contract will expire. Bidders shall provide documentation to illustrate what percentage of the price is related to fuel, as the increase shall be calculated based upon the percentage of the cost associated to the cost of fuel (see example below). Failure to provide the detailed cost analysis with each request for a price redetermination due to fuel price escalation shall preclude any price redetermination due to fuel costs. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 19 of 40 Bid 08- B -108JG Example: • Fourteen (14 %) percent of the cost to provide product /service is attributed to the cost of fuel. Current PPI is $264.52 264.52 i PPI in the month the solicitation closed was $158.73 - 158.73 105.79 difference • $105.79 divided by $158.73 = .666% • The unit cost of the service is $100.00 ➢ 14% of $100.00 = $14.00 • $14.00 x .666 = $9.32 • New unit price for the product/service is $109.32 If the Director of Purchasing and Contracts grants an increase in the contract price based upon increases in gasoline and /or diesel prices, then the Director may also adjust the contract price downward if the cost of gasoline and /or diesel decreases by ten percent (10 %) or more from the date of the last increase in the contract price. This clause may be used in addition to any other price redetermination clause in this invitation. If the County and the bidder cannot agree on any price redetermination, then the contract will expire without prejudice 30 (thirty) days after the impasse is reached. 3.24 Price Redetermination The bidder may petition the Director of Purchasing and Contracts for price redetermination within 45 (forty-five) days of the expiration of each term of the contract or on the anniversary date of the contract, whichever is specified elsewhere in this ITB. The County may also petition the bidder under the same guidelines. Any price redetermination will be solely based upon changes as documented by the Producer Price Index (PPI) for the commodity "Men's and boys' work clothing manufacturing ", "Carpet and rug mills, Carpets, rugs, and mats "; and /or "Other household textile product mills, Towels and washcloths" as published by the Bureau of Labor Statistics which can be found on -line at http: / /stats.bls.gov. The base index number will be the month of April 2008. The initial redetermination index number will be the index for April 2009 as published in May 2009. For all periods after the first year, subsequent April indexes will be used. Any price redetermination will include all items awarded. If the County and the bidder cannot agree on any price redetermination, then the contract will expire. Divide the redetermination index by the base index to determine the maximum percentage of increase allowed. This increase in percentage shall then be multiplied by the percentage directly attributed to the cost of materials entered on the Bid Submittal Form. Example: Base index = 179.2 and the initial redetermination = 189.5. (189.5 _ 179.2 = 1.057 or an increase of 5.7 %) For purposes of this example, the assumption will be that 50% of the cost is directly attributed to the cost of material and that cost is $100.00 each. $100.00 x 5.7% = an increase of $5.70. $100.00 + $5.70 = $105.70. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 20 of 40 Bid 08- B -108JG 3.25 Unusual Costs The Bidder may petition the County at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one year. The Bidder's request shall contain substantial proof and justification to support the need for the rate adjustment. The County may request from the Bidder, and the Bidder shall provide, such further information as may be reasonably necessary in making its determination. The County shall approve or deny the request, in whole or in part, within 60 (sixty) days of receipt of the request and all other additional information required by the County. Any price redetermination shall be solely based upon the documentation provided and the County reserves the right to rescind any price relief granted should the circumstances change and prices go down. 3.26 Deviations All Bid Submittals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the bidder by the specifications. Such deviations must be stated upon the Bid Submittal Form; otherwise Volusia County will consider the subject Bid Submittals as being made in strict compliance with said Specifications to bidders, the bidder being held therefore accountable and responsible. Bidders are hereby advised that Volusia County will only consider Bid Submittals that meet the exact requirements imposed by the specifications; except, however, said Bid Submittals may not be subject to such rejection where, at the sole discretion of Volusia County, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the Bid process by affecting the amount of the Bid Submittal such that an advantage or benefit is gained to the detriment of the other bidders. 3.27 Material Safety Data Sheet In accordance with Chapter 442 of the Florida Statutes, it is the bidder's responsibility to identify and to provide to the Volusia County Purchasing and Contracts Office a Material Safety Data Sheet for any material, as may apply to this procurement. 3.28 Waiver of Claims Once this contract expires, or final payment has been requested and made, the awarded bidder shall have no more than 30 (thirty) calendar days to present or file any claims against the County concerning this contract. After that period, the County will consider the bidder to have waived any right to claims against the County concerning this agreement. 3.29 Termination / Cancellation of Contract The County reserves the right to cancel the contract without cause with a minimum 30 (thirty) days written notice. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous items.doc Page 21 of 40 Bid 08- B -108JG Termination or cancellation of the contract will not relieve the bidder of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts committed by the bidder prior to the termination of the contract. The bidder may cancel the resulting contract with ninety (90) days written notice to the Director of Purchasing and Contracts. Failure to provide proper notice to the County may result in the bidder being barred from future business with the County. 3.30 Termination for Default The County's Contract Administrator shall notify, in writing, the bidder of deficiencies or default in the performance of its duties under the Contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specifically specified to the contrary elsewhere within this solicitation. It shall be at the County's discretion whether to exercise the right to terminate. Bidder shall not be found in default for events arising due to acts of God. 3.31 Termination for County's Convenience The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the County representative shall determine that such termination is in the best interest of the County. Any such termination shall be effected by the delivery to the bidder of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, bidder shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the County shall have no other obligations to bidder. Bidder shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date. 3.32 Incurred Expenses This ITB does not commit the County of Volusia to award a contract, nor shall the County of Volusia be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this ITB, or any cost or expense incurred by the bidder prior to the execution of a contract agreement. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 22 of 40 Bid 08- B -108JG 3.33 Minimum Specifications The specifications listed in the Scope of Service are the minimum required performance specifications for this ITB. They are not intended to limit competition nor specify any particular bidder, but to ensure that the County receives quality services. 3.34 Compliance with Laws and Regulations The bidder shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Bidder shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The bidder shall protect and indemnify County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by bidder, its representatives, sub- contractors, sub - consultants, professional associates, agents, servants, or employees. Additionally, bidder shall obtain and maintain at its own expense all licenses and permits to conduct business pursuant to this contract from the federal government, State of Florida, Volusia County, or municipalities when legally required, and maintain same in full force and effect during the term of the contract. 3.35 Indemnification of County The bidder shall indemnify, hold harmless and defend the County, its officers, agents, and employees, from or on account of any claims, losses, expenses, injuries, damages, or liability resulting or arising solely from bidder's performance or nonperformance of services pursuant to this contract, excluding any claims, losses, expenses, injuries, damage, or liability resulting or arising from the actions of County, its officers, agents, or employees. The indemnification shall obligate the bidder to defend, at its own expense or to provide for such defense, at County's option, any and all claims and suits brought against County that may result from bidder's performance or nonperformance of services pursuant to the contract. 3.36 Records & Right to Audit The bidder shall maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. The bidder shall retain these records for a period of three (3) years after final payment, or until the County audits them, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three -year period for examination, transcription, and audit by the County, its designees, or other entities authorized by law. 3.37 Change in Scope of Work/Service A. The County may order changes in the work/service consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the bidder that the scope of the project or of the bidder's services P:\JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 23 of 40 Bid 08- B -108JG has been changed, requiring changes to the amount of compensation to the bidder or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the County Representative, County Director of Purchasing and Contracts, and the bidder. B. If the bidder believes that any particular work/service is not within the scope of work/service of the contract, is a material change, or will otherwise require more compensation to the bidder, the bidder must immediately notify the County's Representative in writing of this belief. If the County's Representative believes that the particular work/service is within the scope of the contract as written, the bidder will be ordered to and shall continue with the work/service as changed and at the cost stated for the work/service within the scope. The bidder must assert its right to an adjustment under this clause within 30 (thirty) days from the date of receipt of the written order. C. The County reserves the right to negotiate with the awarded bidder(s) without completing the competitive bidding process for materials, products, and /or services similar in nature to those specified within this ITB for which requirements were not known when the ITB was released. 3.38 Modifications Due to Public Welfare or Change in Law The County shall have the power to make changes in the contract as the result of changes in law and /or ordinances of Volusia County to impose new rules and regulations on the bidder under the contract relative to the scope and methods of providing services as shall from time -to -time be necessary and desirable for the public welfare. The County shall give the bidder notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the bidder. In the event any future change in Federal, State or County law or the ordinances of Volusia County materially alters the obligations of the bidder, or the benefits to the County, then the contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the bidder, then the bidder or the County shall be entitled to an adjustment in the rates and charges established under the contract. Nothing contained in the contract shall require any party to perform any act or function contrary to law. The County and bidder agree to enter into good faith negotiations regarding modifications to the contract, which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the contract, the County and the bidder shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the bidder directly and demonstrably due to any modification in the contract under this clause. 3.39 Right to Require Performance A. The failure of the County at any time to require performance by the bidder of any provision hereof shall in no way affect the right of the County thereafter to enforce same, nor shall waiver by the County of any breach of any provision P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 24 of 40 Bid 08- B -108JG hereof eof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. In the event of failure of the bidder to deliver services in accordance with the contract terms and conditions, the County, after due written notice, may procure the services from other sources and hold the bidder responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. 3.40 Force Majeure The County and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and /or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 3.41 Bidder's Personnel During the performance of the contract, the bidder agrees to the following: A. The bidder shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the bidder. The bidder agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The bidder, in all solicitations or advertisements for employees placed by or on behalf of the bidder, shall state that such bidder is an Equal Opportunity Employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. The bidder shall include the provisions of the foregoing paragraphs A, B, and C, above, in every subcontract or purchase order so that the provisions will be binding upon each bidder. E. The bidder and any sub - contractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510 -794) as amended. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 25 of 40 Bid 08- B -108JG F. Any information concerning the County, its products, services, personnel, policies or any other aspect of its business learned by the bidder or personnel furnished by the bidder in the course of providing services pursuant to the Agreement, shall be held in confidence and shall not be disclosed by the bidder or any employee or agents of the bidder or personnel furnished by the bidder, without the prior written consent of the County. 3.42 Claim Notice The bidder shall immediately report in writing to the County's designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The bidder agrees to cooperate with the County in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume' of claims experience relating to all bidder operations at the County project site. 3.43 Contract/Bidder Relationship The County of Volusia reserves the right to award one or more contracts to provide the required services as deemed to be in the best interest of the County. Any awarded bidder shall provide the services required herein strictly under a contractual relationship with the County and is not, nor shall be, construed to be an agent or employee of the County. As an independent bidder the awarded bidder shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The bidder shall be responsible for all income tax, FICA, and any other withholdings from its employees' or sub - contractor's wages or salaries. Benefits for same shall be the responsibility of the bidder including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability /risk coverage, and workers' and unemployment compensation. The independent bidder shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform. The independent bidder shall not be exclusively bound to the County and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the County. 3.44 New Material Unless otherwise provided for in this specification, the bidder represents and warrants that the goods, materials, supplies, or components offered to the County under this Bid solicitation are new, not used or reconditioned, and are not of such age or so deteriorated P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 26 of 40 Bid 08- B -108JG as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the bidder believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the County's interest, the bidder shall so notify the County Procurement Analyst in writing no later than ten (10) working days prior to the date set for opening of Bids. The notice shall include the reasons for the request and any benefits that may accrue to the County if the Procurement Analyst authorizes the Bidding of used or reconditioned goods, materials, supplies, or components. 3.45 Disadvantaged Business Enterprise Program The County Council has adopted policies that assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority -owned firms and qualified disadvantaged / minority / women -owned firms. 3.46 Conflict of Interest Form All bidders shall complete and have notarized the attached disclosure form of any potential conflict of interest that the bidder may have due to ownership, other clients, contracts, or interest associated with this project. 3.47 Definitions As used in this Bid, the following terms shall have the meanings set forth below: Bidder: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the County to provide the product and /or services set forth herein. Contract: The document resulting from this solicitation between the County and the Contractor, including this bid, along with any written addenda and other written documents, which are expressly incorporated by reference. Contract Administrator: The Director of Purchasing and Contracts or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the contract. Any changes to the resulting contract shall be done in writing and authorized by the Director of Purchasing and Contracts. Contractor: That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the County to provide the product and /or services set forth herein. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 27 of 40 Bid 08- B -108JG Contractor's Project Manager: The Project Manager has responsibility for administering this contract for the successful Bidder(s) and will be designated prior to the issue of the resulting Price Agreement or Purchase Order. County: The word County refers to the County of Volusia, Florida. County's Project Manager(s): The Project Manager(s) have responsibility for the day - to -day administration of the resulting contract for the County and will be designated prior to award of the resulting Price Agreement or Purchase Order. Day: The word "day" means each calendar day or accumulation of calendar days. Director: The Director is the Director of Purchasing and Contracts for the County of Volusia. Exceptions to bid: An exception is defined as the Bidder's inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the bid. Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. Price Agreement: The payment vehicle through with the successful Bidder(s) shall be compensated. This agreement will be issued in accordance with the specifications, terms, and conditions of this Bid document and shall be valid for a specified period of time with a specific dollar value, which shall not be exceeded annually. 4.0 SUBMITTAL REQUIREMENTS (Submit in the following order) 4.1 Completed Invitation To Bid cover pages. (Includes two pages) with documentation, such as a Memorandum of Authority, that the executing individual is authorized to commit the firm to a contract. Clearly state the name, title and contact information for the individual designated by the firm as contact point for any requests for additional information required by County. 4.2 Completed Bid Submittal Form (use attached form). 4.3 List at least three (3) recent references where the proposed product has been used within the past year. At least one of said references shall be for a customer serviced for a minimum of three years. Use of the attached form will aid in evaluation. 4.4 Those firms located within the County of Volusia must include a copy of their County Business Tax Receipt (formerly known as an occupational license). If a bidder is located within Volusia County, failure to have or obtain a Volusia County Business Tax Receipt prior to the bid closing date and time shall automatically render a bidder non - responsive. Note: Charitable organizations that qualify under Florida Statute No. 205.192 are exempt from this requirement. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 28 of 40 Bid 08- B -108JG 4.5 Attach evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and /or project number and Volusia County contact person. Firms that have owner /operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Incorporated and unincorporated firms that qualify for an exemption under the Florida Worker's Compensation law in Chapter 440 Florida Statutes shall submit an executed Hold Harmless Agreement relieving the County of liability in the event they and /or their employees are injured while providing goods and /or services to the County. 4.6 Conflict of Interest form (USE ATTACHED FORM) All bidders shall properly complete, have notarized and attach with their Bid Submittal the attached notarized disclosure statement of any potential conflict of interest that the bidder may have due to ownership, other clients, contracts or interests associated with this project. 4.7 Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's bid. Failure to return signed addenda may be cause for the bid to be considered non - responsive. 4.8 Confidential materials — If a Contractor submits Confidential Materials, the information shall be segregated, accompanied by an executed Non- Disclosure Agreement for Confidential Materials, and each page shall be clearly labeled "confidential" or "trade secret ". Only pages that comply with 812.081 FS shall be included under this tab. Pages shall be clearly marked as "Trade Secrets ". At the bottom of each page, indicate a cross - reference to the tab where this information would have been submitted. These procedures also apply to any material submitted to the County, either requested by the County or otherwise, after bid opening. It is the sole responsibility of the Bidder to mark material as Trade Secret. 4.9 Customer Service All bidders shall include the tools used to promote excellent customer service. Include all means of complaint collection and resolution. 4.10 Amortization Schedule (See Section 2.6 for details) 4.11 Samples (See Section 2.2 for details) All bidders shall be prepared to supply a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest D & B report will be accepted. P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 29 of 40 Bid 08- B -108JG , 2008 5.0 BID SUBMITTAL FORM TO: County of Volusia, Florida Office of Director of Purchasing and Contracts 123 W. Indiana Avenue, Rm. 304 DeLand, FL 32720 -4608 The undersigned hereby declare that [firm name] has carefully examined the specifications to furnish: Leased Uniforms and Miscellaneous Items for which Bid Submittals were advertised to be received no later than 3:00 p.m., local time, on Wednesday, May 21, 2008, and further declare that will furnish the Leased Uniforms and Miscellaneous Items according to specifications. See Bid Submittal Form, Attachment A for pricing The County reserves the right to add items without competition that were not known at the time this Bid was released. Assuming delivery costs are a part of the cost of uniforms; what percentage of the cost of the uniform is directly attributed to fuel? Which does the firm use: ❑ Diesel fuel or ❑ Gasoline? Assuming that the product prices quoted on Attachment A are comprised of your costs for materials, overhead, operating expenses, etc., what percentage of the prices is directly attributed to the cost of materials? Delivery / Availability Have you supplied all the Submittal Requirements outlined below? ❑ Invitation to Bid cover pages. (Includes two pages) ❑ Completed and executed Bid Submittal form ❑ References, in accordance with Section 3.9, Definition of Responsive and Responsible ❑ Licenses / Occupational ❑ Proof of Insurance ❑ Hold Harmless Agreement and /or Notice of Election to be Exempt, if required ❑ Conflict of Interest form ❑ Any addenda pertaining to this ITB ❑ Did you include a CD, as required in the Section 3.5 entitled Bid Submittal Form? ❑ Customer service tool kit ❑ Amortization Schedule ❑ Samples P: \JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 30 of 40 Bid 08- B -108JG Prompt Payment Terms: % Days; Net 30 Days Do you accept electronic funds transfer (ETF)? YES ❑ NO ❑ The County of Volusia reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as they may deem to be in the best interest of the County. I hereby certify that I have read and understand the requirements of this Invitation to Bid No. 08 B 108JG, "Leased Uniforms and Miscellaneous Items ", and that I, as the bidder, will comply with all requirements, and that I am duly authorized to execute this proposal /offer document and any contract(s) and /or other transactions required by award of this ITB. Company: Per: (Print name) Signature: Address: City: , State: , ZIP: Telephone: , Fax: E -Mail Address: Dunn & Bradstreet #: , Fed. I.D. # The vendor acknowledges that information provided in this bid is true and correct: x Authorized Signature Typed Name Title Date P:\JOSIE \Bids\2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 31 of 40 Bid 08- B -108JG 6.0 REFERENCES #1 Agency Address City, State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: #2 Agency Address City, State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: #3 Agency Address City, State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: P: \JOSIE \Bids12008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 32 of 40 Bid 08- B -108JG 7.0 CONFLICT OF INTEREST FORM I HEREBY CERTIFY that 1. I, (printed name) , am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 3. This Bid Submittal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS to items above (List): Signature: Printed Name: Firm Name: Date: STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 , by , who is /are personally known to me or who has /have produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: (Seal) Commission Expires: P: \JOSIE \Bids\2008 Bids\08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 33 of 40 Bid 08- B -108JG 8.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME AND DISCRIMINATORY VENDOR LIST REQUIREMENTS AND DISQUALIFICATION PROVISION A. Pursuant to Florida Statutory requirements, potential Contractors are notified: 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. 287.134(2)(b) A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Contractor represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005). C. In addition to the foregoing, the Contractor represents and warrants that Contractor, Contractor's subcontractors and Contractor's implementer, if any, is not under investigation for violation of such statutes. D. Contractor should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005). P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 34 of 40 Bid 08- B -108JG Volusia County FLORIDA 9.0 NON - DISCLOSURE AGREEMENT for CONFIDENTIAL MATERIALS RETURN THIS FORM ONLY IF CONFIDENTIAL MATERIALS ARE BEING INCLUDED IN THE SUBMITTAL. PLEASE READ THE SECTION IN THE BID DOCUMENT TO DETERMINE IF THIS APPLIES. THE CONFIDENTIAL MATERIALS WILL ONLY BE HANDED OUT TO THE SELECTION COMMITTEE ON THE DAY OF THE EVALUATION MEETING; THEREFORE, THE EVALUATION OF THIS MATERIAL WILL BE LIMITED TO THAT TIME ONLY. Note: This form must be submitted with any material submitted to the County at any time, before or after proposal opening. Reference # 08- B -108JG Bidder: Address: This Agreement is entered into as of the date of the last signature set forth below between the County of Volusia, a political subdivision of the State of Florida (the "County "), and the above named Bidder (hereinafter the "Bidder "). The County and the Bidder are collectively referred to as the "Parties" and may be referred to individually as a Party. RECITAL S WHEREAS, the Bidder possesses certain confidential trade secret materials that it wishes to disclose to the County for the purpose of responding to a request for proposal or otherwise conducting business with the County; and WHEREAS, the County desires to review such materials in order to evaluate the County's interest in negotiating and concluding an agreement for the purchase of certain products and services, or otherwise conducting business with the Bidder. NOW THEREFORE, in consideration of the mutual promises and premises contained herein, the receipt and sufficiency of which are hereby acknowledged, the County and the Bidder agree as follows: P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 35 of40 Bid 08- B -108JG 1. Confidential Materials. The Bidder warrants and represents to the County that the materials described in the attached Exhibit A (the "Confidential Materials ") constitute trade secrets as defined by Section 812.081(1)(c), Florida Statutes, or financial statements required by the County for road or public works projects as defined in 119.071(1)(c); Florida Statutes. Subject to the terms and conditions of this Agreement, the County agrees not to disclose such Confidential Materials to third parties. 2. Additional Materials. During the course of the negotiations or the business relationship with the County, the Bidder may disclose additional confidential or trade secret information to the County in which case the restrictions and obligations on the use and disclosure of the Confidential Materials imposed by this Agreement shall also apply to such additional information to the extent permitted by Florida law. Any such additional confidential or trade secret information shall be duly marked and stamped "confidential" or "trade secret" prior to delivery to the County, and shall be subject to this Agreement and Section 812.081(2), Florida Statutes, only if written receipt is provided by the County acknowledging receipt of such materials. 3. Exclusions. For purposes of this Agreement, the term "Confidential Materials" does not include the following: a. Information already known or independently developed by the County; b. Information in the public domain through no wrongful act of the County; c. Information received by the County from a third party who was legally free to disclose it; d. Information disclosed by the Bidder to a third party without restriction on disclosure; e. Information disclosed by requirement of law or judicial order, including without limitation Chapter 119 Florida Statutes; or f. Information that is disclosed with the prior written consent of the Bidder, but only to the extent permitted by such consent. 4. Non - Disclosure by Bidder. In the event that the County discloses confidential or trade secret information to Bidder, the Bidder agrees to not disclose such information to any third party or copy such information or use it for any purpose not explicitly set forth herein without the County's prior written consent. Further, upon conclusion of discussions or business transactions between the County and the Bidder, or at any time upon request of the County, Bidder agrees to return such information (including any copies) to the County. 5. Duty of Care. Each Party agrees to treat the other Party's confidential or trade secret information with the same degree of care, but not less than reasonable care, as the receiving Party normally takes to preserve and protect its own similar confidential information and to inform its employees of the confidential nature of the P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 36 of 40 Bid 08- B -108JG disclosing Party's information and of the requirement of non - disclosure. In the event either Party has actual knowledge of a breach of the nondisclosure requirements set forth in this Agreement, the Party acquiring such knowledge shall promptly inform the other Party and assist that Party in curing the disclosure, where possible, and preventing future disclosures. 6. Limitations of Florida Law. Bidder understands and agrees that its assertion that any item is confidential or a trade secret does not, in and of itself, render such material exempt from the Florida Public Records Law, Chapter 119 of the Florida Statutes, and that the County's ability to prevent disclosure of confidential and trade secret information may be subject to determination by a Florida court that such materials qualify for trade secret protection under Florida law. In the event a third party makes a public records request for the Confidential Materials or other materials deemed by Bidder to be confidential or a trade secret, the County may submit the materials to the court for inspection in camera as set forth in Section 119.07(1)(e) Florida Statutes. Bidder further understands that the County may be required to disclose such information if directed by a court of competent jurisdiction. 7. Indemnification by Bidder. In the event of any litigation instituted by a third party to compel the County to disclose such materials, Bidder shall, at its sole cost and expense, provide assistance to the County in defending the denial of the records request, and shall hold the County harmless from any claim for statutory costs and attorneys fees arising from the County's refusal to disclose such materials. 8. No Additional Obligations. This Agreement shall not be construed in any manner to be an obligation for either Party to enter into any subsequent contract or agreement. 9. Sovereign Immunity. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the County beyond any statutory limited waiver of immunity or limits of liability, which has been or which may be adopted by the Florida Legislature, regardless of the nature of any claim which may arise, including but not limited to a claim sounding in tort, equity or contract. In no event shall the County be liable for any claim or claims for breach of contract, including without limitation the wrongful disclosure of confidential or trade secret information for an amount which exceeds, individually and collectively, the then current statutory limits of liability for tort claims. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 37 of 40 Bid 08- B -108JG 10. Notice. Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the Bidder designates the address set forth above as its place for receiving notice, and the County designates the following address for such notice: County of Volusia, Florida Office of Purchasing and Contracts Director 123 W. Indiana Avenue, Room 304 DeLand, Florida 32720 -4608 11. Governing Law. This Agreement shall be governed by the laws of the State of Florida, and venue for any action arising out of or relating to the subject matter of this Agreement shall be exclusively in Volusia County, Florida, or the Federal District Court for the Middle District of Florida, Orlando Division. 12. Bidder and the County hereby expressly waive any rights either may have to a trial by jury of any civil litigation related to this Agreement for any litigation limited solely to the parties of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year as set forth below. County of Volusia, Florida Bidder BY: BY: NAME: NAME: TITLE: Deputy County Manager TITLE: DATE: DATE: ATTEST: ATTEST: BY: BY: NAME: NAME: TITLE: Acting Director of Purchasing & Contracts TITLE: DATE: DATE: P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 38 of 40 Bid 08- B -108JG EXHIBIT A DESCRIPTION OF CONFIDENTIAL MATERIALS P: \JOSIE \Bids12008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 39 of 40 Bid 08- B -108JG 10.0 HOLD HARMLESS AGREEMENT Return this page ONLY if claiming exemption from the Worker's Compensation Insurance Requirem ent 1, (print owners name), am the owner of (print company name), an incorporated /unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida, including but not limited to those regarding the workers' compensation law. I hereby affirm that the above named business employs fewer than four employees, including myself, and therefore, the business is exempt from the statutory requirement for workers' compensation insurance for its employees. On behalf of the business, and its employees, I hereby agree to indemnify, keep and hold harmless the County of Volusia, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of our contract with Volusia County, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of Volusia County or their employees, or of their subcontractors or their employees. The named business shall pay all charges of attorneys and all costs and other expenses incurred in connection with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia in any action indemnified hereby, the named business shall, at its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes. Owner: (print name) (signature) Employee 1: (print name) (signature) Employee 2.' (print name) (signature) Employee 3: (print name) (signature) STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 , by , who is/are personally known to me or who has; have produced as identification. NOTARY PUBLIC — STATE OF Type or print name: Commission No.: (Seal) Commission Expires: P: \JOSIE \Bids \2008 Bids \08- B -108JG Leased Uniforms \08- B -108JG Leased Uniforms and Miscellaneous Items.doc Page 40 of 40 ± 000000c .7 o o o o o o c t 6 6 6 O 0 6 6 # § \ ¥ ce \ 7 k §a 2." 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Destination _ Unit Prices !ten Description 1 Cotton T -shirt $3.66 stock # 119 Manufactured by: Cintas 2 Cotton /poly T -shirt No Bid stock #(s) Manufactured by: 3 Vented ball caps $3.00 stock #(s) 128 Manufactured by: Cintas 4 Solid ball caps _ — - -- -- - - __ . -- - - - - -- $3.50 stock #(s) 85280 Manufactured by: Cintas 5 Rain Gear - dam Suit $10.00 stock #(s) 237 Manufactured by: Cintas 6 Rain gear — bibbed pants No Bid stock #(s) Manufactured by: 7 Men's Web belt $3.85 #(s) 86405 Manufactured by: Cintas _ 8 Men's navy blue tie No Bid stock #(s) Manufactured by: 9 Women's navy blue tie No Bid stock #(s) Manufactured by: 10 Supervisor's knit shorts No Bid stock #(s) Manufactured by: Total 11 Embroidery per 1000 stitches $0.88 12 Maximum % of increase Year six 5.0% Year seven 5.0% Cintas Tabulation pricing.xls 08- B- 108JG, Leased Uniforms and Miscellaneous Items Cintas Proposal Page 3 All prices are F.O. B. Destination Item Lease Lease Lease No Description Purchase laundered one laundered two laundered four Grand Total time per month times per month times per month 1 3 x 5 carpet mats $39.99 $60.00 $72.00 $96.00 2 3 x 5 carpet mats with logo $110.00 $288.00 $288.00 $288.00 3 4 x 6 carpet mats $79.99 $78.00 $108.00 $144.00 4 4 x 6 carpet mats with logo $150.00 $384.00 $384.00 $384.00 5 3 x 10 carpet mats $99.99 $96.00 $144.00 $192.00 6 3 x 10 carpet mats with logo $175.00 $480.00 $480.00 $480.00 7 Carpet mats with coffee logo $79.99 $78.00 $108.00 $144.00 Totals $734.96 $1,464.00 $1,584.00 $1,728.00 $5,510.96 Air freshener - Natural scents 8 includes batteries and refills, with $1.75 free dispenser Cost per week 9 Shop towels, 18 x 18 $0.45 $0.14 $0.12 $0.10 Loss charge Replacement cost $0.45 $0.45 $0.45 $0.45 10 Loss charge Replacement cost 11 Fender /seat covers, each $10.00 $3.00 $2.00 $1.00 12 Maximum % of increase Year six 5.00% Year seven 5.00% Cintas Tabulation pricing.xls cc) 0 0 0 0 (f) o O 0 I�o0oo 0 0 >, 00 6 0 0 O C) N O O (0 V (0 N- �' co C (D u N cr O a (n (A N N :e 69 e- o f9 E.. Q Q L 0 0 0 0 LO O U N 0 CO CO V N U ,9 T,° - o o 6 o Y 7 E Q ce . d (6 0 Q` x % (n Lc) 000 N N N N V N y y_ 0 0 0 0 0 0 E •` c, E - R v G i. v (0 0 0 0 0 LO 0 0 0 u N 0 0 0 0 N ID 0 0 (O O O O 6 f h O O u (0 Nr V N M u 69 n h. e (/i M i- 0) s == V V (n 0 0 0 0 (0 X . N _ - I- O V C N I" m O . u" M M N N,- • O .v O a s 0 d i a c U o :: 11 � �c°O0 °ON- 0 m _ - (n ~ W c E c 0 0 0° .- O N Y O - R E c0 2 N - " (» Q C : : CC (6 Q u - (0 O O (0 (0 (0 0 0 0 (/1 :e LO (0 1"-- T O O t- x (0 (0 fA 13 C Q) c c , Ch CD X C CO N a) C C = } (n 0 cu Ts E O >- _ N 0 d 0 w E. r c a te t . 6 O �° d 0 S., Q7 E ° w °O o J L N 7 O f., w N O C w °� d t c a . c c c CIS °� 0. C6 CO CCI CC 03 0, 0 Q) J O N Y ( U p f 6 Q U V .� E .0- co X N C N (a C Q 0 O 0 _ D (n - ) Y E Q w co ` v N N C Z 08- B- 108JG, Leased Uniforms and Miscellaneous Items Aramark Purchased Items Proposal Page 2 All prices are F.O. B. Destination Unit Prices Item Description 1 Cotton T -shirt $4.49 stock # 608 Manufactured by: Wearguard 2 Cotton /poly T -shirt $3.39 stock #(s) 622 Manufactured by: Wearguard 3 Vented ball caps $3.49 stock #(s) 936 Manufactured by: Wearguard 4 Solid ball caps $3.49 stock #(s) 903 Manufactured by: Wearguard 5 Rain Gear - Jacket $10.00 stock #(s) 801 Manufactured by: Wearguard 6 Rain gear — bibbed pants $11.00 stock #(s) 801 Manufactured by: Wearguard 7 Men's Web belt $9.95 stock #(s) 201 Manufactured by: Fashion Seal 8 Men's navy blue tie $2.43 stock #(s) 90072 Manufactured by: Broome 9 Women's navy blue tie $2.43 stock #(s) 90072 Manufactured by: Broome 10 Supervisor's knit shorts $14.99 stock #(s) 1801 & 1802 Manufactured by: Wearguard 11 Embroidery per 1000 stitches $5.00/1 st 5000; $1.00/1000 over 5000 12 Maximum % of increase Year six 5.0% Year seven 5.0% ARAMARK Tabulation pricing.xls 08- B- 108JG, Leased Uniforms and Miscellaneous Items Aramark Proposal Page 3 All prices are F.O. B. Destination Item Lease Lease Lease Description Purchase laundered one laundered two laundered four Grand Total No time per month times per month times per month 1 3 x 5 carpet mats $35.00 $40.80 $122.40 $326.40 2 3 x 5 carpet mats with logo $70.00 $81.60 $244.80 $652.80 3 4 x 6 carpet mats $60.00 $81.60 $244.80 $652.80 4 4 x 6 carpet mats with logo $100.00 $168.00 $504.00 $1,344.00 5 3 x 10 carpet mats $90.00 $100.80 $302.40 $806.40 6 3 x 10 carpet mats with logo $140.00 $192.00 $576.00 $1,536.00 7 Carp et mats with coffee logo $50.00 $48.00 $144.00 $384.00 Totals $545.00 $712.80 $2,138.40 $5,702.40 $9,098.60 Air freshener - Natural scents 8 includes batteries and refills, with $3.00 free dispenser Cost per week 9 Shop towels, 18 x 18 $0.40 No Bid No Bid 0.07 week Loss charge Replacement cost $0.40 No Bid No Bid No Bid 10 Loss charge Replacement cost 11 Fender /seat covers, each $7.50 No Bid No Bid .75 week 12 Maximum % of increase Year six 5.00% Year seven 5.00% ARAMARK Tabulation pricing page 3 of 3.xls