Agenda 12/13/2011 Item #16E1412/13/2011 Item 16.E.14.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption Agreement
from Kilpatrick Turf Equipment, Inc. to Horizon Distributors, Inc. a Delaware corporation
for sublet /parts for Collier County.
OBJECTIVE: To substitute Horizon Distributors, Inc. ( "Horizon "), who acquired certain assets of
Kilpatrick Turf Equipment, Inc. ( "Kilpatrick "), as one of thirty-six approved vendors for
sublet/parts for Collier County.
CONSIDERATIONS: On September 28, 2010 the Board (Agenda Item 16E4) awarded Invitation
to Bid (ITB) #10 -5513 "Sublet/Parts Bid for Collier County" to 36 vendors, including Kilpatrick
and authorized the Fleet Management Department to award to all vendors who submitted bids
(award sheet is attached).
On May 9, 2011 staff was notified that Horizon had acquired certain assets of Kilpatrick on April
13, 2011. Horizon requested to assume of the rights and obligations of Kilpatrick under ITB #10-
5513.
Products on back -order were received by the County after the effective date of ownership change
and Board approval is needed to process two P -card transactions totaling approximately $300.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the Assumption Agreement from Kilpatrick Turf Equipment, Inc. to Horizon
Distributors, Inc. for sublet/parts for Collier County, and approves payment of all obligations
accrued after the effective date of ownership change.
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
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12/13/2011 Item 16.E.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.14.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Kilpatrick Turf Equipment, Inc. to Horizon Distributors, Inc. for
sublet /parts for Collier County.
Meeting Date: 12/13/2011
Prepared By
Name: DeLeonDiana
Title: VALUE MISSING
11/29/2011 8:33:21 AM
Submitted by
Title: VALUE MISSING
Name: DeLeonDiana
11/29/2011 8:33:22 AM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 11/29/2011 10:01:16 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 11/30/20119:22:37 AM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/30/2011 10:02:10 AM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 11/30/2011 1:34:56 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/20119:49:21 AM
Name: FinnEd
Date: 12/1/20113:19:24 PM
Name: OchsLeo
Title: County Manager
Date: 12/2/20119:58:51 AM
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12/13/2011 Item 16.E.14.
12/13/2011 Item 16.E.14.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of December 13, 2011 by and
between Horizon Distributors, Inc. a Delaware corporation ("Horizon") and Collier County, a
political subdivision of the State of Florida ( "County ").
WHEREAS, on September 28, 2010 the Collier County Board of County Commissioners
awarded Invitation to Bid (ITB) #10 -5513 "Sublet/Parts Bid for Collier County" to Kilpatrick
Turf Equipment, Inc. ( "Kilpatrick "), attached hereto as Exhibit A, and hereinafter referred to as
"Agreement"; and
WHEREAS, Horizon hereby represents to Collier County that it acquired certain assets
of Kilpatrick by virtue of an asset purchase agreement; and
WHEREAS, the parties wish to formalize Horizon's assumption of rights and obligations
under the Agreement effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Horizon accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
under the Agreement arising on or after April 13, 2011.
2. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
3. Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
Horizon Distributors, Inc.
109 Northpark Blvd.
Covington, LA 70433
Phone: 561-383-2241
Attention: James W. Ross, President
4. The County hereby consents to Horizon's assumption of the Agreement. No
waivers of performance or extensions of time to per are granted or authorized. The County
will treat Horizon as the Contractor for all purposes under the Agreement.
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12/13/2011 Item 16.E.14.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Horizon ft
By: L—
Mark W
, Deputy Clerk
utors,
Date: 11 J ail 1 1
Approved as to form
and legal sufficiency:
By:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
C Attest:
President 4enni M. Neil, Corp ate Secretary
Date: q/11
2
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12/13/2011 Item 16.E.14.
I
INVITATION TO BID
111V114 -S
Date: May 21, 2010
From: Jack Curran, Purchasing Agent
239- 252 -6098 (Telephone)
239- 252 -659 (FAX)
JohnCurran @colliergov.net (Email)
To: Prospective Vendors
Subject: iTB # 10 -5513 — "Sublet/Parts Enid for Collier County"
As requested by the Fleet Management Department, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre -iTB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department E- Procurement website: www colliergov.netlbid. All responses
to questions will be posted on the website with electronic notification to all prospective
vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Dan Croft, Fleet Management Director
ko.-MV Dew • ;X 1 Tamca 'r al as' •Nam, Fior �a 34112 • ~,, -a enja t.nai p3tczaslr�g
ITB#10- 5513- `Sublet/Parts Bid for Collier County'
ITB Template_04152010
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1
r
12/13/2011 Item 16.E.14.
invitation to Bid
Index
PublicNotice ............................... 3
....................................................................................
Exhibit 1: Scope of Work, Specifications and Response Format .... ............................... 4
Exhibit 11: General Bid Instructions ................................................. ............................... 6
Exhibit III: Standard Purchase Order Terms and Conditions ......... ...............................
13
Exhibit IV: Additional ITB Terms and Conditions ........................... ...............................
16
Attachment 1: Vendor Submittal - Vendor's Check List ................. ...............................
23
Attachment 2: Vendor Submittal - Bid Response Form ................. ...............................
24
Attachment 3: Vendor Submittal - Insurance and Bonding Requirements ...................
26
Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit.. Error! Bookmark
not defined.
Attachment 5: Vendor Submittal - Immigration Affidavit ................ ...............................
29
Attachment 6: Vendor Submittal - Vendor's Non- Response Statement .......................
30
ITB #10 -5513- "SublettParts Bid for Collier Gouny
ITB Template_04152010
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V
12/13/2011 Item 16.E.14.
Public Notice
Sealed bid responses for ITB#10 -5513, "Sublet/Parts Bid for Collier County, will be received
manually only at the Collier County Purchasing Department Director's Office, 3301 Tamiami
Trail East, Building "G ", Naples, Florida 34112 until 2:30p.m. Collier County local time on June
22, 2010. Solicitation responses received after the stated time and date will not be accepted.
ITB # 10 -5513 "Sublet/Parts Bid for Collier County"
No pre -bid conference will be held for this solicitation
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department E- Procurement website: www.collieraov.net/bid. All responses to questions will be
posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department E- Procurement website
noted herein. ITB Documents obtained from sources other than Collier County Purchasing
may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Steve Carnell
Steve Carnell, G.P.M.
Purchasing /General Services Director
Publicly posted on the Collier County Purchasing Department website:
www.collieroov.net/ourchasing and in the lobby of the Purchasing Building on May 21, 2010.
ITB#10 -551,3- "Sublet/Paris Bid for Collier County"
!TB Template-04152010
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_, w•F -`1 - EOIMrtz�lr.-ii
Memorandum
Date: May 26, 2010
12/13/2011 Item 16.E.14.
Email: @colliergov.net
Telephone: (239) 252 -6098
FAX: (239) 252 -6596
ADDENDUM #1
From: Jack Curran, Purchasing Agent
To: Interested Bidders
Subject: Addendum #1
Solicitation # and Title ITB 10 -5513 - - "Sublet/Parts Bid for Collier County"
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
Delete: Bid Schedule with original package dated May 21, 2010
Replace: Attached Bid schedule revised version must be used by all bidders.
DELETE: Page 5: Paragraph Labeled DELIVERY:
ADD: Page 5: Add/Replace paragraph below:
DELIVERY
County stock orders shall be delivered by the vendor within forty -eight (48) hours after
being ordered by the County, between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Friday with the exception of County - observed holidays. Non -stock orders shall be
delivered within twenty -four (24) hours of order. Emergency parts orders shall be delivered
within three (3) hours of order. The County shall determine when an emergency condition
exists and shall notify the vendor of such. Special order parts shall be delivered within
twenty -four (24) hours of order time. The vendor may charge the County additional freight
charges for overnight delivery requirements. No freight charges shall be more than that
billed to the vendor. The vendor shall not establish minimum order criteria as a delivery
condition. Delivery locations will be the Collier County Government Fleet Management
Department parts rooms located at 2901 County Barn Road, Naples, Florida 34112; 4800
Davis Boulevard, Naples, Florida 34104; and 8300 Radio Road, Naples, Florida 34104.
Additional delivery times and locations will be identified by other governmental entities if
they purchase from this contract. When stated delivery times cannot be met, the vendor
shall notify the Fleet Management Department (or other buyer) immediately. No fuel
Addendum Template
Revised: 4/15110
1
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12/13/2011 Item 16.E.14.
charges shall be added for delivery. The cost of fuel shall be figured into the bid
submission.
If you require additional information please post a question on the Online Bidding site or
contact me using the above contact information.
c: Dan Croft, Fleet
Lynn Evans, Fleet
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p 12/13/2011 Item 16.E.14.
Exhibit 1: Scope of Work, Specifications and Response Format ;>
As requested by the Collier County Fleet Management Department (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications
stated herein.
1. Brief Description of Purchase
These specifications are intended to provide information by which prospective bidders may
understand the requirements relative to furnishing maintenance /repair services and parts,
accessories, and end items necessary to meet the vehicle and equipment operating requirements
of Collier County Government
2. Background
The Collier County Fleet Management Department may require out - sourced services to maintain
and /or repair County vehicles and equipment including labor, diagnostics, and purchases of repair
parts, accessories, and other items. Collier County has a diverse assortment of vehicles and
equipment that on occasion require service /repair and /or parts or accessories that can only come
from regional factory authorized dealerships or specialty services that are beyond the capabilities,
scope, or efficiencies of the Fleet Management Department. On these occasions, prearranged
service agreements are needed to expedite repairs and lessen equipment downtime. The
purpose of this solicitation is to acquire agreements from select vendors to furnish the stated
services.
3. Detailed Scope of Work
For purchases estimated to be less than $50,000 per order: the department may select one of the
awarded vendor(s) within a Group /Category /Brand Name, quote out the work among all awarded
vendor(s), or competitively solicit for new quotes.
For purchases estimated to be greater than $50,000 per order and less than $100,000 per order
Group /Category /Brand Name: the department may quote out work among the awarded vendor(s),
or, may conduct a separate new solicitation.
PRODUCT QUALITY
All parts provided to the County under this agreement shall meet or exceed Original
Equipment Manufacturer (OEM) specifications. All services and repairs shall be to OEM
specifications.
CORE CHARGES
When applicable, separate core charges are permissible and shall be a separate line item on
the invoice. When a core is provided to the vendor by the County, a separate credit memo will
be issued by the vendor.
ITB #10 -5513- 'Sublet/Parts Bid for Collier County"
ITS Template_ 04152010
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12/13/2011 Item 16.E.14.
DELIVERY
Delivery shall be FOB destination to: Collier County Fleet Management Department, 2901
County Barn Road, Naples, Florida 34112.
RETURNS
Parts or other supply items provided under this contract found to be of inferior quality,
defective, or damaged in transit shall be replaced at the expense of the vendor. Parts or other
supply items ordered in error and unused by the County shall be returned to the vendor and
the vendor shall refund/credit the original purchase price to the County. The County may pay
transportation /shipping fees as a result of erroneous orders equal to the amount paid by the
vendor. No restocking fees will be charged to the County.
The County reserves the right to request return of parts and components removed by the
vendor during repair or maintenance of equipment. When requested, such parts shall be
bagged or wrapped in oil- resistant plastic.
TERMINATION
Should the Vendor be found to have failed to perform in a manner satisfactory to the County
as per this Agreement, the County may terminate said agreement immediately for cause;
further the County may terminate this Agreement for convenience with a seven (7) day written
notice. The County shall be sole judge of non - performance.
4. Projected Timetable
5. Response Format
The response to this bid will be manual. The following information must be completed and
returned in its entirety:
1. Bid Schedule in Excel format
2. Attachment 1: Vendor's Check List
3. Attachment 2: Bid Response Form
4. Attachment 3: Insurance and Bonding Requirements
5. Attachment 4: Local Vendor Preference Affidavit
6. Attachment 5: Immigration Affidavit
iTB#10 -5513- "Sublet/Parts Bid for Collier County'
iTB Template 04152010
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5
May 21, 2010
Issue Solicitation Notice
Last Date for Receipt of Written Questions
June 11, 2010,
10:OOAM, Naples Local
Time
Addendum Issued Resulting from Written Questions or Pre-
TBD
Proposal Conference
Solicitation Closing Date and Time
June 22, 2010, 2:30
PM, Naples Local Time
Evaluation of Submittals
TBD
Completion of Contract Negotiations
TBD
Board of County Commissioner's Contract Approval Date
TBD
5. Response Format
The response to this bid will be manual. The following information must be completed and
returned in its entirety:
1. Bid Schedule in Excel format
2. Attachment 1: Vendor's Check List
3. Attachment 2: Bid Response Form
4. Attachment 3: Insurance and Bonding Requirements
5. Attachment 4: Local Vendor Preference Affidavit
6. Attachment 5: Immigration Affidavit
iTB#10 -5513- "Sublet/Parts Bid for Collier County'
iTB Template 04152010
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12/13/2011 Item 16.E.14.
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit I, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
1, 2, 3, 4, and 5 of this ITB. No bid will be considered unless the Bid form Is properly
si+oned. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted being
rejected or deemed non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as fisted. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
5. Discounts
ITB #1 d -5513- "Sublet/Parts Bid for Collier County"
ITB Temptate_04152010
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12/13/2011 Item 16.E.14.
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of be bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendor's intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine 4 the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of its bid proposal
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rip or to
the deadline for submission of Bids. All changes to this ITS will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITS was released, as well as those vendors who
downloaded the ITS document. Additionally; all addendums are posted on the Collier County
Purchasing Department E- Procurement website: wwvv.coIIiergov.net/bid. Before submitting a bid
response, please make sure that you have read all, understood clearly and complied completely
with any changes stated in the addenda as failure to do so may result in the rejection of your
submittal.
8. Bid Submission
All paper bids shall be submitted to the County Purchasing Director, Collier County Government
Complex, Purchasing Building "G ", Naples, FL 34112, by the date and time as stated in the Legal
Notice. The County assumes no responsibility for bid responses received after the due date and
time, or at any office or location other than that specified herein, whether due to mail delays,
courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall
be returned unopened, and shall not be considered for award.
Vendors must submit two(2) paper copies with one copy clearly labeled "Master," and one
(1) compact disk (CD) with one copy of the proposal on the CD (in Word or PDF version)
and one copy of the Bid Schedule Excel spreadsheet. List the Solicitation Number and Title
on the outside of the box or envelope.
All bids sent by courier service must have the bid number and title on the outside of the courier
packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
9. Questions
if the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful,
obscure or contains errors or omissions it should report such opinion to the Purchasing Agent
before the bid opening date. Direct questions related to this ITB only to the Collier County
ITB#10 -5513- °SuhlettParts Bid for Collier county'
rrB Template_04152010
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12/13/2011 Item 16.E.14. i
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Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered
after the date noted in this ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department E- Procurement website. For general
questions, please call the referenced Purchasing Agent identified in the Public Notice.
10. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director ric or to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
11. Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
c It is the intent of Collier County to award to the lowest, qualified and responsive
vendors) in accordance with the Method of Source Selection denoted in the terms and
conditions in Exhibit 11 on the basis of:
c ® Multiple Awardees basis, and determined by
■ ® Group /Category/Brand Name,
_ ® Fixed Discount of Manufacturers List Price /Catalog Price, or
• Once an award is made, the County may purchase any item available from any
of the awarded vendor's product line. The County will endeavor to purchase
the lowest priced items identified on this tab sheet; however, due to fluctuating
products and services, the County reserves the right to request specific product
pricing at the time of the order. The County will determine if it is in the best
interest to use a supplier, other than the low bidder, if there may be product or
process cost savings at the time of the order.
• For purchases estimated to be less than $50,000 per order: the department
may select one of the awarded vendor(s), quote out the work among all
awarded vendor(s), or competitively solicit for new quotes.
• For purchases estimated to be greater than $50,000 per order and less than
$100,000 per order: the department may quote out work among the awarded
vendor(s), or, may conduct a separate new solicitation.
• The contract will be in the form of a standard County Purchase Order or purchasing
card.
ITB #10 -5513- "SuoleUParts Bid for Collier County"
ITS Template-04152010
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12/13/2011 Item 16.E.14.
12. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
13. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2008 -181 establishing and adopting the Collier County Purchasing Policy.
The Collier County Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of local businesses to receive awards of Collier County
purchases.
A `local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the
limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and shall not be used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a 'local business" unless it
contributes to the economic development and well -being of either Collier or Lee County in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to either Collier or Lee County's
tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a "local business" under this section.
When a qualified and responsive non -local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of
the price submitted by the non -local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the
price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff
shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and
responsive vendors.
Next, the Purchasing Department shall determine ii the lowest local vendor meets the
requirements of Section 287.087 F.S.
If the lowest non local vendor meets the requirements of .287.087, F.S., the Purchasing
Department shall invite the lowest local vendor to submit a matching offer to the Purchasing
Department which shall be submitted within five (5) business days thereafter. If the lowest local
vendor submits an offer that fully matches the lowest quote from the lowest non -local vendor
tendered previously, then award shall be made to the local vendor. If the lowest local vendor
declines or is unable to match the lowest non local quote price(s), then award will be made to the
ITB #i 0-5513- "Sublet/Paris Bid for Collier County"
ITB Template_04152010
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12/13/2011 Item 16.E.14.
lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the
requirement of Section 287.087 F.S. and the lowest non -local vendor does, award will be made to
the vendor that meets the requirements of the referenced state law.
Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Vendor to submit this Affidavit with their quote response will
preclude said Vendor from being considered for local preference under this solicitation.
A Vendor who misrepresents the Local Preferencd status of its firm in a quote submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with any of the competing vendors
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
14. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The E- Verify program, operated by the Department of Homeland Security (DHS) in partnership
with the Social Security Administration (SSA), provides an Internet -based means of verifying
employment eligibility of workers in the United States; it is not a substitute for any other
employment eligibility verification requirements. The program will be used for Collier County
formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services
and construction.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• In exceptional cases, the Purchasing Department may waive the requirement.
Vendors are required to enroll in the E- Verify program within thirty (30) calendar days of contract
award, and use E- Verify within thirty (30) calendar days thereafter to verify employment eligibility
of their employees assigned to the contract at the itime of enrollment in E- Verify. Additionally,
vendors shall require all subcontracted vendors td flow down the requirement to use E- Verify to
subcontractors.
If the vendor is already enrolled in E- Verify, they must use E- Verify within thirty (30) calendar days
of contract award to verify employment eligibility of their employees assigned to the contract
Following this initial period they must initiate verification of all new hires of the Vendor and of all
employees newly assigned to the contract within three (3) business days of their date of hire or
date of assignment to the contract.
Vendors shall be required to provide the Collier County Purchasing Department an executed
affidavit vowing they shall comply with the E- Verify Program for each service /project. The affidavit
is attached to the solicitation documents. If the bidderNendor does not comply, they may be
deemed non- responsive.
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Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Purchasing Director.
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Exhibit M.- Standard Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods andior services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY'S acceptance or
payment for any delivery of goods and /or
services, or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and /or services provided early in
the term of the Purchase Order are
non - conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
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delivery; provided that risk of loss prior to
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and
must be included on each package of less
than container load (LCL) shipments and/or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order
and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the "Local Government Prompt Payment
Act," and, pursuant to the Board of County
Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights.
13
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12/13/2011 Item 16.E.14.
S. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right -of -way for the purpose of inspection of any Vendor's work operations.
This provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well- groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work Included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non- responsive. A Vendor with an office within Collier County is re aired to have a
Business Tax Receipt.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2509. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252 -2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property, in the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required. service, the Vendor shall repair /replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
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12/13/2011 Item 16.E.14.
12. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and /or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the
individual and /or firm for cause.
13. Invoice and Payments
1'. The Vendor shall submit to the County an invoice for each service /purchase. The invoice shall
include items listed below. Failure to list these items could result in the invoice being returned
to the Vendor unpaid.
a. County vehicle number and vehicle mileage /hours (When services or parts are applied to a
specific vehicle or equipment item.)
b. Purchase order number.
i
c. Description of service performed.
i
d. Product codes (if applicable), and: '
e. A line item price for each part and service.
2. All invoices, along with any billing problems /concerns, should be directed to the Collier County
Board of County Commissioners, Fleet Management Department, Attn.: Accounting
Technician, 2901 County Barn Road, Naples, Florida 34112, FAX (239) 252 -6575, phone
(239) 252 -4171.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
Collier County cautions vendors to consider both methods of payment when determining pricing
as no additional surcharges or fees will be considered (per Rules for VISA Merchants and
MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard
payment methods. An additional separate discounted price for traditional payments may be
provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests shall be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager.. All invoices must be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
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12/13/2011 Item 16.E.14.
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non - payment under the legal doctrine of "{aches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
14. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of
this solicitation. The Vendor shall procure and maintain property insurance upon the entire
project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultants, Subcontractors agents and employees of each and all of them,
all damages covered by property insurance provided herein, except such rights as they may have
to the proceeds of such insurance. The Vendor and County shall, where appropriate, require
similar waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows;
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or
their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below
listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature
and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self - insured retentions or deductibles wiil be
Vendor's sole responsibility.
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12/13/2011 Item 16.E.14.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County
of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The
Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of
any notices of expiration, cancellation, non - renewal or material change in coverage or limits
received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be
provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit
reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificates) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
Awl
justification for the County to terminate any and all contracts.
,I
15. Collier County Information Technology Requirements
t
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty amour (24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.coliieroov.net/purchasinp. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non - responsive.
16. Background Checks
Vendors shall be responsible for the costs of providing background checks for all employees that
will provide services to the County under this contract. These background checks include: the
checking of Federal, State, and Local law enforcement records, a State and FBI fingerprint check,
credit reports, education, residence, employment verifications, and other related records required
in this solicitation. The results of these checks will be kept on file by the Collier County Security
Section for a period of five (5) years
ITS #10 - 5613- 'Sublet/Parts Bid for Collier County" 20
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17. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor small provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and /or Purchasing Departments
and are available on -line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
( "MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
18. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and /or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and /or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendors agreements with
material suppliers
20. Grant Compliance
The purchase of any goods and /or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
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12/13/2011 Item 16.E.14.
21. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. Vendor shall supply a list of equipment and an hourly rate for each. Hourly
rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
ITB#10 5513- "Sublet/Parts Bid for Collier County' 22
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Attachment 1: Vendor Submittal - Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign In the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
g. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 East Tamiami Trail
Naples, Florida 34112
13. The mailing envelope must be sealed and marked with:
• Solicitation # and Title: ITB #10 -5513 "Sublet(Parts Bid for Collier County"
• Opening Date
14. The bid will be mailed or delivered in time to be received no later than the specified opening
date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Compan ame
Signat re & itle
Date
ITB #10 - 5513- 'Sublet/Parts Bid for Collier County'
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Attachment 2: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: ITB #10 -5513 "Sublet/Parts Bid for Collier County"
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net _ Days
The response to this bid will be manual. The following information must be completed and returned in
its entirety:
1. Bid Schedule in Excel format
2. Attachment 1: Vendor's Check List
3. Attachment 2: Bid Response Form
4. Attachment 3: Insurance and Bonding Requirements
5. Attachment 4: Local Vendor Preference Affidavit
6. Attachment 5: Immigration Affidavit
ITB *10 - 5513- 'Sublet/Parts Bid for Collier County'
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12/13/2011 Item 16.E.14.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 2010 In the County of , In the State of
Firm's Complete Legal Name
Address '`I rI tea
City, State, Zip & ".,,a I �.���, jCL 3342-(-
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
Telephone Number
FAX Number
Check one of the following:
Signature / Title
E'Sole Proprietorship
❑ Corp or P.A. State of
❑ Limited Partnership
❑ General Partnership
f
Type Name of Signature
Date s �.2 '7 / .3 o i 0
* arx* �t� t>J:. *x *xx *x *xrtrtx *xxtxxxxlrx>x * felt >Yr *xfrxlrx*xx >yratttx*frR *x *x,4�tk *iexxXxx »txxl: x1: rrk xxft rx*t[xxk* * �t ** *xarx <Yrx
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
n"8 #10 -5513- "SubletfParts Bid for Collier County"
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rz
12/13/2011 Item 16.E.14.
ACD-RD,. CERTIFICATE 01= LIABILITY LIABILITY INSURANCE
ATE ( MM Y
D03/ 16/DD//20YYY) 10
PRODUCER (561)278 -0448 FAX (S61)279-2391
Weekes & Callaway, Inc.
3945 West Atlantic Avenue
Delray Beach, FL 33445
A : Michelle Chung /Tracy Carter
-uKeD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
W
s The Kilpatrick Company, Inc.
7700 High Ridge Road
Boynton Beach, FL 33426
INSURERA Amerisure Insurance Company
19488
INSURERS- North River Insurance Co.
21105
INSURER C:
GEt1ERALLIABILITY
INSURER D:
03/17/2011
INSURER E:
is 1,000,000
.uv
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC-I
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR WDD•
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFFECTIVE
03/17/2010
POLICY EXPIRATION
fNY nATF MW
LIMITS
Naples, FL 34112
7
GEt1ERALLIABILITY
BNDGL03172010
03/17/2011
EACHoccuRRENCE
is 1,000,000
X COMMERCIAL GENERAL LIABILITY
_ DAMAGE TO RENTED_
A E 'Es
'Es
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'
CLAIMS MADE a OCCUR
MED EXP
(Arry one person)
$ 10,00(
A
PERSONAL 6 ADV INJURY
$ 1,000,00(
GENERAL AGGREGATE
$ 2,000,00
i
GEWL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
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1
POLICY JE X LOC
AUTOMOBILE
LIABILITY
ENDAUT003172010
03/17/2010
03/17/2011
X
ANY AUTO
COMBINED SINGLE LIMIT
8
(Ea accident)
1,000,000
ALL OWNED AUTOS
BODILY INJURY
$
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(Per person) )
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!
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(Per a=nent}
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�$
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f
GARAGE LIABILITY
BNDAUT003172010
03/17/2010
03/17/2011
AUTO ONLY • EA ACCIDENT
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jjj
A {
X ANY AUTO
OTHER THAN EA ACC
$ 1,000,000
S Z,000,000
I
AUTO ONLY: AGG }
EXCEIMUMORELLA LIABILITY
BNDUMB031720101
03/17/2009
03/17/2010
EACH OCCURRENCE (5
115,000,000
OCCUR F7 CLAIMS MADE
AGGREGATE Is
20,000,000
B
>$
DEDUCT SLE
—�
$
X RETENTION $
$
WORKERS COMPENSATION AND
t wG LIM - OTH -;_
T
EMPLOYERS` LIABILITY
=_l. EACH ACCIDENT
S
ANY PROPRIETORJPARTNER!EXECUTIVE
OFFICEPJMEMBER EXCLUDED? I
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-
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5
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_-
$
SPECIAL PROVISIONS below
;
OTHER
ragekeepers
ONDAUT0031720101
03/17/2010
03/17/2011
Limit Any One Unit $120,000
A
r
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
e: Bid 406 -4032 - Sublet /Parts Bid for Collier County for all operations of the Named Insured as they
relate to this project.
ertificate Holder is included as .Additional Insured as respects General Liability only, when required
y written contract.
10 DAYS' NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM"
r'==TIrIreTC Unt pea
ACORD 25 (2001108) CACORD CORPORATION 1988
Packet Page -3288-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS wRRTEN NOTICE TO THE CER71MCATE HOLDER NAMED TO THE LEFT,
Collier County Board of County Commissioners
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3301 Tamiami Trail East
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples, FL 34112
AUTHORIZED REPRESENTATIVE �^ ,
Kimila Silvia /MCHUNG
ACORD 25 (2001108) CACORD CORPORATION 1988
Packet Page -3288-
12/13/2011 Item 16.E.14.
Attachment 3:
Vendor Submittal - Insurance and Bonding Requirements
�, rx r'ry:a`• ., ar
1. Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$ single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
S single limit per occurrence
ISO form
4. ® Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor /Consultant or anyone
employed or utilized by the ContractorNendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ❑ Automobile Liability
$ Each Occurrence, Bodily Injury & Property Damage,
Owned/Non- owned/Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability S Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
ITH #1G -5513• "Sublet/Parts Sid for Collier Couny 26
ITB Template-04152010
Packet Page -3289-
12/13/2011 Item 16.E.14.
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however; the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. Z Vendor shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Vendor shall provide County with certificates of insurance
meeting the required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County (or Airport Authority or Collier MPO).
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of Firm _ � r'�`- �''2-�' Date 4�4 7,// e�
Vendor Signature
Print Name
Insurance Agency
Agent Name
R3#10- 5513- 'Sublet/Parts Bid for Calder County'
ITB Template_04152010
Packet Page -3290-
Telephone Number `' �'� % .0 -'
27
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A 4
12/13/2011 Item 16.E.14.
Attachment 5: Vendor Submittal - Immigration Affidavit
Solicitation #10 -5513
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and
submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Failure to
include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals
and could result in the vendor's proposal being deemed non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C.
Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of
Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained
in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier
County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the
1986 Immigration Act and subsequent Amendment(s)) and agrees to abide by Collier County
Employment Eligibility Verification System requirements regarding this solicitation.
Company Name 'L PAr l�lcr Tvi2+� & ; f ;-n
Print Name ZaZ' ° Title���*-
Signature Date
State of Rtpf t aeA_
County of -P L^
The foregoing instrument was signed and acknowledged before me this day of
20 10, by
c f
who has produced
Print ar Type Nam )
U li`i as identification.
kTvDe of Identifi ation a ber) ' W Q,4 ILL
JL1.4 I-' -
vNota6 Public Sign atur
its. NOTARY PUBLIC- ST.kj, OP:I (R'^ s
cited Name of Notary Public " " "'�, Maria N. i imenfa
i Cammission # DD7327 74
P7 3-D I y', �° Expires: FEB. 17, 2012
Notary Commission Number/Expiration g °xnxn711PtrartuVncnoxnlHCCO,mc
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and
accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to
request supporting documentation as evidence of the vendor's compliance with this sworn affidavit.
IT13410 -5513- " 5ubletJParts Bid for Collier County"
ITB Template—G415201 0
Packet Page -3292-
29
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i
12/13/2011 Item 16.E.14.
Attachment 6: Vendor Submittal - Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB.
If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate
item(s) listed below and return this form via email or fax to the Purchasing Agent listed on the first
page or mail to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida
34112.
We are not responding to this ITB for the following reason(s):
Solicitation # and Title: ITB 10 -5513
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address;
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
ITB#10 -5513- "Subiet/Parts Bid for Colfier Caunty" 30
rrB Tempiate_04152010
Packet Page -3293-
EXECUTIVE SUMMARY
12/13/2011 Item 16.E.14.
Agenda Item No. 16E4
September 28, 2010
Page 1 of 33
Recommendation to award Bid #10 -5513 - "UbleVarts Bid for Collier County" to
multiple vendors for Fleet Management services, repair parts, accessoried, and
end items with total expenditures estimated at $750,000 annually.
OBJECTIVE: To facilitate continuous availability of County vehicles and equipment for public
services during normal operations and during emergency conditions.
CONSIDERATIONS: The Collier County Fleet Mantigement Department maintains ova,2700
County vehicles and equipment items manufactured by over 100 different companies. A
number of contracts are in place to handle the majority of procurement and outsourcing
requirements to maintain and support this equipment. One of those contracts is the
Sublet/Parts agreement with multiple vendors to meet frequent needs for services,'. parts,
accessories, or end items that can come only from regional factory authorized dealerships or
from providers of specialty services that are beyond t$e capabilities, scope, or efficiencies of the
Fleet Management Department. The current contract +expires on September 30, 2010.
A bid request was posted by the Purchasing Department on May 21, 2010, and bid notices were
forwarded to 355 vendors, with 129 of those vendors requesting bid packages. Thirty -six (36) .
bid responses were received as of the June 22, 2010, bid opening date. Of the 38 bids; - 28
vendors were sole bidders for particular services or, products. Some of the same 28 vendors
plus other vendors submitted proposals for like services or products that were competitive. All
products and services bid by all vendors are needed by Fleet Management to maintain and
support County vehicles and equipment.
Award is recommended to all vendors. A proposeid vendor award sheet is attached: This
contract allows for future additions of vendors for services and/or goods for which no responses
were received. Fleet Management and Purchasing will endeavor to identify and acquire vendors
for these services and products and add the vendors to this contract once approved by the Fleet
Management Director or his representative.
FISCAL IMPACT: Funds for Fleet Management service requirements are budgeted annually in
the Fleet Management Fund 521 operating budget. Total expenditures under this contrOct are
estimated at $750,000 annually.
GROWTH MANAGEMENT IMPACT: No growth management impact is involved.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and
is legally sufficient. -JBW
RECOMMENDATION: That the Board approves award of Bid 10 -5513 - °Sublet/Parts Bid for
Collier County" to multiple vendors per the provisions Wated in the considerations.
PREPARED BY: Dan Croft, Director, Fleet Management Department
Packet Page -3294-
12/13/2011 Item 16.E.14.
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12/13/2011 Item 16.E.14.
Horizon.
The Edge You Need
May 9, 2011
Dear Valued Kilpatrick Company Customer.
We are pleased to announce that Horizon Distributors Inc., a division of POOLCORP
(NASDAQ/NM:POOQ acquired certain assets of the Kilpatrick companies on May 6, 2011. The
former Kilpatrick Company branches will begin to operate with the Horizon Distributors name
effective May 9, 2013-
We want to assure you that this transaction will not disrupt your current services. You can
depend on us to exceed your expectations by providing excellent service and quality products to
help you grow your business.
Horizon Distributors operates 55 locations in 9 western states and is the green industry leader
providing one -stop availability of irrigation, landscape, professional lawn care power equipment
and specialty products to contractors, maintenance companies, golf courses and public
agencies.
Headquartered in Chandler, Arizona, Horizon is part of the Pool Corporation (POOLCORP)
(NASDAQ/GSM:POOQ family of companies. Through its SCP Distributors LLC and Superior Pool
Products LLC distribution networks, POOLCORP is the world's largest wholesale distributor of
swimming pool supplies, equipment and related leisure products. Currently, POOLCORP
operates 289 sales centers in North America and Europe, through which it distributes more than
160,000 national brand and private label products to roughly 80,000 wholesale customers. For
more information about POOLCORP, please visit www.Doolcorp.com. For more information on
Horizon, please visit www.horizononli.ne.com.
Best regards,
0
Jim Ross
President
Horizon Distributors Inc
HORIZON HEADQUARTERS
261 NORTH ROOSEVELT AVENUE, CHANDLER AZ 85225
PHONE: 480 - 337 -6700 • FAX: 480-337-6701 • WWw.HDREZONONUNE.COM
Packet Page -3313-
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Foreign Profit Corporation
HORIZON DISTRIBUTORS, INC.
Filing Information
Document Number F11000001927
FEI/EIN Number 941554388
Date Filed 05/05/2011
State DE
Status ACTIVE
Principal Address
109 NORTHPARK BLVD
COVINGTON LA 70433
Mailing Address
109 NORTHPARK BLVD
COVINGTON LA 70433
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324 US
Officer /Director Detail
Name & Address
Title S
NEIL, JENNIFER M
109 NORTHPARK BLVD
COVINGTON LA 70433
Title DV
PEREZ DE LA MESA, MANUEL J
109 NORTHPARK BLVD
COVINGTON LA 70433
Title DVT
JOSLIN, MARK W
109 NORTHPARK BLVD
COVINGTON LA 70433
Title DP
ROSS, JAMES W
109 NORTHPARK BLVD
COVINGTON LA 70433
12/13/2011 Item 16.E.14.
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