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HomeMy WebLinkAboutAgreement_General_12/12/2019_Dobbs EquipmentVILLAGE OF TEQUESTA AGREEMENT FOR PURCHASE OF BACKHOE LOADER THIS AGREEMENT FOR PURCHASE OF BACKHOE LOADER is entered into and effective this /X day of December, 2019, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and DOBBS EQUIPMENT, LLC, a Delaware Limited Liability Company authorized to do business in the State of Florida, with local offices at 2730 South Falkenburg Road, Riverview, Florida 33578, hereinafter "the Contractor," and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement for the purchase of one (1) John Deere 310SL 4X4 Backhoe Loader with additions, to support the services and activities of the Water Distribution Division of the Village's Utilities Department. Specifically, the backhoe loader will be used to repair water main breaks, replace system valves and fittings, and for other underground utility work. The Parties agree to enter into this Agreement and piggyback for the John Deere 310SL 4X4 Backhoe Loader with additions at the unit prices described in the John Deere 310SL 4X4 Loader Backhoe "Extension" for the Florida Sheriff's Association & Florida Association of Counties 2019-2020 Contract for Vehicles and Equipment, awarded through Contract No. FSA19-VEH17.0. Said extension, including its pricing terms and specifications, is hereby fully incorporated into this Agreement and is attached hereto as Exhibit "A". The Florida Sheriff's Association 2018-19 Cooperative Purchasing Program ("Cooperative Purchasing Program"), which includes the terms and conditions for Contract No. FSA19-VEH 17.0 and which contains approval for Village to piggyback on said contract (see Section 1.09 of Cooperative Purchasing Program), is attached hereto as Exhibit `B." 2. QUANTITY. The quantitative figures of this Agreement are based on the Village's quote with Contractor for one (1) John Deere 310SL 4X4 Backhoe Loader with additions, attached hereto as Exhibit "C." 3. COMPENSATION: In consideration for the above one (1) John Deere 310SL 4X4 Backhoe Loader with additions, pricing shall be pursuant to the unit prices provided in Exhibit «A» 4. TERM; TERMINATION; NOTICE: Pursuant to Section 1.03 of the Cooperative Purchasing Program, the original contract term will expire on September 30, 2020. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Village of Tequesta Dobbs Equipment, LLC 345 Tequesta Drive 2730 S. Falkenburg Road Tequesta, Florida 33469-0273 Riverview, Florida 33578 Attn: Village Manager Attn: President 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified by the Insurance Checklist for Contract No. FSA19-VEH17.0, attached hereto as Exhibit "D." Additionally, Contractor shall name the Village as an "additional insured" on the liability portion of the insurance policy. 6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Page 2 of 6 Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 8. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 9. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 10. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 11. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their .fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 12. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 13. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and Page 3 of 6 attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 14. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING . TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT lmmilliams(&Jecluesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, Page 4 of 6 FLORIDA 33469. 15. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 16. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 17. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 18. ENTIRE AGREEMENT: This six (6) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. [remainder of page left intentionally blank] Page 5 of 6 IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: DOBBS EQUIPMENT, LLC B resident (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: y: A b i ail Ve unan, Mayor rb Lori McWilliams, MMC '•" Village ClerkU SEAL ':,INCORPORATED: Page 6 of 6 EXHIBIT A Name of Dealership R FAC FLORIDA ASSOCINFION OF COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Type of Vehicle 4X4 LOADER BACKHOE WTTH CANOPY (STANDARD STICK) (Specification 928) Zone Base Unit Price Trekker Tractor 2019 Case 580 SN Western $76,429.00 2019 Case 580 SN Western -- NB -- Trekker Tractor 2019 Case 580 SN Northern $72,790.00 2019 Case 580 SN Northern -- NB -- Trekker Tractor 2019 Case 580 SN Central $72,790.00 2019 Case 580 SN Central --NB -- Trekker Tractor 2019 Case 580 SN Southern $72,790.00 2019 Case 580 SN Southern -- NB -- Ring Power Corporation 2019 Caterpillar 416 *Western $69,703.00 2019 Caterpillar 416 Western -- NB -- Ring Power Corporation 2019 Caterpillar 416 *Northern $69,703.00 2019 Caterpillar 416 Northern -- NB -- Ring Power Corporation 2019 Caterpillar 416 *Central $69,703.00 2019 Caterpillar 416 Central -- NB -- Kelly Tractor Co 2019 Caterpillar 416 * Southern $69,973.00 2019 Caterpillar 416 Southern -- NB -- Dobbs Equipment LLC 2019 John Deere 31 OSL Western $71,865.00 2019 John Deere 31 OSL Western -- NB -- Dobbs Equipment LLC 2019 John Deere 31 OSL Northern $71,865.00 2019 John Deere 31 OSL Northern -- NB -- Dobbs Equipment LLC 2019 John Deere 31 OSL Central $70,725.00 2019 John Deere 31 OSL Central -- NB -- Dobbs Equipment LLC 2019 John Deere 31 OSL Southern $70,725.00 2019 John Deere 3 1 OSL Southern -- NB -- _F R FAC FLORIDA 'LSSOCIATION OF COUNTIES v------- All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 4X4 LOADER BACKHOE WITH CANOPY (STANDARD STICK) SPECIFICATION #28 2019 John Deere 310SL The John Deere 310SL purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $71,865.00 $71,865.00 $70,725.00 $70,725.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. VEHICLE: DEALER: ZONE: BASE PRICE: Order Code 3035 1 JD310LEPI JD 310L 1 Non -Specified Option Discount 25% 1 Order Code JD 310SL HL JD 410L 310SL Dobbs Equipment LLC Western $71,865.00 Dobbs Equipment LLC Northern $71,865.00 Delete Options Optional equipment - specify j Downgrade to 2-wheel drive, ILO 4-wheel drive. 1 Optional equipment - specify Downgrade to John Deere model 310L EP 4x4 backhoe. Optional equipment - specify Downgrade to John Deere model 310L 4x4 backhoe. Dobbs Equipment LLC Central $70,725.00 Dobbs Equipment LLC Southern $70,725.00 Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Discount Option: A discount of 25% off manufacturers current published list price (MSRP) will be applied to all non -specified factory options. This discount would apply to both base units, and optional models. I Add Options Optional equipment - specify Upgrade to John Deere model 310SL HL 4x4 backhoe. Optional equipment - specify Upgrade to John Deere model 410L 4x4 backhoe. All Zones $6,400.00 $3,880.001 $1,130.00' NA NA NA NA NA NA NA IM's 1`15.9 NA NA NA NA NA'' NA NA NA NA NA NA NA All Zones $7.575.00' $18,075.001 JD 710L 1 Optional equipment - specify $58,225.00' Upgrade to John Deere model 710L 4x4 backhoe. VEHICLE: 310SL DEALER: Dobbs Equipment LLC Dobbs Equipment LLC Dobbs Equipment LLC Dobbs Equipment LLC ZONE: Western Northern Central Southern BASE PRICE: $71,865.00 $71,865.00 $70,725.00 $70,725.00 JD 210L Optional equipment - specify $23,500.00' Upgrade to John Deere model 210L 4x4 box blade tractor, equipped with enclosed cab and air conditioning. 9110 1 Optional equipment - specify Ride control $1,260.00' 9917 1 Optional equipment - specify $559.00' AM/FM/WB Radio 1 ? 3095 1 Optional equipment - specify $1,895.00 Auto -shift transmission, with limited slip differential. 9905 1 Optional equipment - specify $379.00 t' Add rotating strobe light. 2035 1 Optional equipment - specify $9,998.00 Enclosed cab, with heater and air conditioning. 1 6020-1 Optional equipment - specify $5,492.001'' Extendable dipper stick for use on John Deere 310 through 410 model backhoes. 1 6020-1 1 Optional equipment - specify $6,982.00' Extendable dipper stick for use on John Deere 710 model backhoes. 6230 1 Optional equipment - specif� Auxiliary hydraulics, 2-way flow. $2,993.00' 6220 1 Optional equipment - specif� $1,785.001 Auxiliary hydraulics, 1-wayflow. 5285 1 Optional equipment - specify $1,686.00' Pilot joystick controls, 2-lever, with pattern selection. 1 7080 1 Optional equipment - specify I $2,267.00 Third function loader hydraulics. 7085 1 Optional equipment - specify $6,610.001 Front loader coupler, third function hydraulics, and ride control. 1 7685 1 Optional equipment - specify $4,804.00' Multi purpose loader bucket, 1.32 cubic yard capacity. 1 1025 1 Optional equipment - speci7 $792.001 Add premium LED light package. PT-07 Optional equipment - specify $7,492.00' Power -Tilt backhoe mounted swinger/coupler for backhoe bucket. 1 9230 1 Optional equipment - specify $4,465.001 Hydraulic 4-tine backhoe thumb, only for use on backhoes equipped with an extendable dipper stick. Note: This option also requires two-way auxiliary hydraulics, option code 6230. 1 Temporary tag NA Transfer existing registration (must provide tag number) NA New state tag (specify state, county, city, sheriff, etc.) NA IMaintenance Plan - specify NA1 Please call dealer for quote. 1 Maintenance Plan - specify NA1 Please call dealer for quote. 1 VEHICLE: 310SL DEALER: Dobbs Equipment LLC Dobbs Equipment LLC Dobbs Equipment LLC Dobbs Equipment LLC ZONE: Western Northern Central Southern BASE PRICE: $71,865.00 $71,865.00 $70,725.00 $70,725.00 Extended Warrant Plan — specify NAB Please call dealer for quote. I Extended Warrant Plan — specify NAt Please call dealer for quote. I - TO -- F FAC v .jHr,'j FLORIDA COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 4X4 LOADER BACKHOE WITH CANOPY (STANDARD STICK) SPECIFICATION #28 2019 John Deere 310SL (Alternate Dealer Option) The John Deere 310SL purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: -- No bid -- -- No bid -- -- No bid -- -- No bid -- While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. VEHICLE: DEALER: ZONE: BASE PRICE: Order Code 310SL (ALTERNATE DEALERS) Western Northern Central Southern -- No bid -- -- No bid -- -- No bid -- -- No bid -- Delete Options Optional equipment - specify Optional equipment - specify 'Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify i Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Order Code Add Options Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify All Zones All Zones VEHICLE: 310SL (ALTERNATE DEALERS) DEALER: ZONE: Western Northern BASE PRICE: -- No bid -- -- No bid -- Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Temporary tag Transfer existing registration (must provide tag number) New state tag (specify state, county, city, sheriff, etc.) Maintenance Plan - specify Maintenance Plan - specify Extended Warrant Plan — specify Extended Warrant Plan — specify Central -- No bid -- Southern -- No bid -- EXHIBIT B FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev7/20/2018 and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. h. Manufacturer: The original producer or provider of vehicles or equipment offered on this contract. i. Manufacturer's Suggested Retail Price (MSRP): Manufacturer's Suggested Retail Price (MSRP) represents the Manufacturer's recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer's Computer Printouts; Ford - "Dora"; General Motors - "GM Autobook"; or approved equivalent 2. Chrome Systems, Inc.'s PC Carbook (PC Carbook Plus and PC Carbook Fleet Edition) 3. Manufacturer's Annual U.S. Price Book 4. Manufacturer's official website j. Non -Scheduled Options: Any optional new or unused component not specified, feature or configuration not included in the base representative vehicle model specifications or options. k. Production Cutoff: A term used by manufacturers to notify dealers that the factory has reached maximum capacity for orders. Vehicle manufacturers use this term when referring to any given model year for production. I. Published List Price: A standard "quantity of one" price currently available to government and educational purchasers, excluding cooperative or volume discounts. m. Purchaser: A Purchaser is an entity that seeks to obtain vehicles or equipment off this contract by meeting the eligible user criteria or with vendor approval. n. Purchase Order: A documented agreement formalizing the terms and conditions of this contract under which a vendor furnishes vehicles or equipment to a purchaser. o. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished vehicle. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third Party Suppliers may also be referred to as upfitters within this document. p. Vehicle Bid Award System (VeBA): The online system used for the submission of electronic bids and tabulation of bid results for the specifications connected to this Invitation to Bid. q. Vendor: The bidder that has been awarded and agrees to provide products, vehicles, or equipment, which meet the requirements and base specifications. The vendor must agree to the contract terms and conditions of the contract before being awarded to the contract. r. Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT FSA Cooperative Purchasing Program 2018-2019 Page 8 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev?/20/2018 Awarded bids, or contract prices, will be extended and guaranteed to any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs' offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract to include out of state sales. Vendors are governed by their manufacturer's agreement, and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, State, county laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. 1.11 PATENTS & ROYALTIES The bidder, without exception, shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the Contract, regarding the commodities and contractual services' specifications, safety, and environmental requirements shall immediately become a part of the Contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the Administrator immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. FSA Cooperative Purchasing Program 2018-2019 Page 9 EXHIBIT C 10103 o #j;#] E Q U I P M E N T A John Deere Dealer FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2019-20 Contract for Vehicles and Equipment Contract Number FSA19-VEH17.0 rollover from FSA18-VEH16.0 Spec#24 4x4 Loader Backhoe John Deere 310SL 4x4 Cab/Air Extendahoe with MP Front Bucket November 1, 2019 Quote For: Village of Tequesta Base Unit: One (1) Deere 310SL Backhoe Loader, 4X4, Canopy $70,725.00 24" Backhoe Bucket, Deere Two Lever Controls, 1.3 Yd Loader Bucket, 2 exterior rear view mirrors Slow Moving Vehicle Emblem Stated Options From Contract: 3095 Auto -Shift Transmission 1,895.00 6020-1 Extendible Rear Dipperstick 5,492.00 5285 Pilot Joystick rear Controls with pattern selector 1,686.00 7085 Add 3rd Function loader hydraulics, quick coupler and ride control 6,610.00 7685 1.25 yard Multi Purpose Front Bucket 4,804.00 2035 Enclosed Cab with Air Conditioning 9,998.00 9905 Strobe Light 379.00 1025 LED Light Package(all 10 are led) 792.00 Non Specified options @ 25% Discount from List: AT308139 Front Coupler Forks 60x60 3,601.00 9060 Front View Mirror 80.00 Total List Price Non -Specified Options: 3,681.00 Less Contract Discount of 25%: (920.25) Total Non Specified Options 2,760.75 Total Price Village of Tequesta $105,139.75 Made in the U.S.A. Greg Dudek, Governmental Sales Manager 3933 Martin Luther King Jr. Blvd West Palm Beach, FL 33404 Phone (239) 470-0822 Fax (561) 848-7099 EXHIBIT D INSURANCE CHECK LIST 1. Workers' Compensation and Employer's Liability per the statutory limits of the / State of Florida. 2. Comprehensive General Liability(occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). General aggregate $3,000,000.00 3. Automobile Liability - $1,000,000.00 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. 5. 6. 7 91 W The FSA must be named as an additional insured on the liability policies; and it must be stated on the certificate. Coverage periods must be clearly defined. Other insurance as indicated: ❑ Builders Risk completed value $ ❑ Liquor Liability - $ ❑ Fire Legal Liability ❑ Protection and Indemnity ❑ Employee Dishonesty Bond Other (Garage) E $ _ 1,000,000.00 Thirty (30) days written cancellation notice required. Besfs guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: Proposer and Insurance Agent Statement: We understand the Insurance Requirements of these specifications, as noted by the items checked above, and that evidence of this insurance may be required within five (5) days after bid opening. Bidder: Signature: Date: