1-3m-Scott-Air-Pak-XD-bid-pkg final.pdf

COLUMBIA COUNTY, GEORGIA

2025038-BID2510 Scott/3M Airpak XD

Bids are due on Thursday, December 4, 2025, no later than 12:00 PM E.T.

A Virtual Public Opening will be Held Thursday, December 4, 2025 at 2:00 PM E.T.

at: https://ccgagov.webex.com/meet/gosteen

Responses can be submitted electronically via Bonfire at:

https://columbiacountyga.bonfirehub.com

Deadline for Questions will be

Wednesday, November 26, 2025, at 5:00:00 PM E.T.

To obtain the documentation and to ensure receipt of Addenda, please be sure you have registered on Bonfire, the Columbia County Procurement e-Procurement portal, at:

https://columbiacountyga.bonfirehub.com

*PLEASE NOTE THE VENDOR IS ULTIMATELY RESPONSIBLE FOR VERIFYING THEY HAVE RECEIVED

ANY / ALL ADDENDA PRIOR TO THE PROPOSAL OPENING.

https://ccgagov.webex.com/meet/gosteen https://columbiacountyga.bonfirehub.com/

Columbia County Board of Commissioners Bid # 2025038-BID2510: 3M Scott Airpack XD

GENERAL REQUIREMENTS

Electronic bids will be received by the BOARD OF COMMISSIONERS OF COLUMBIA COUNTY, PROCUREMENT DEPARTMENT, via Bonfire Interactive at https://columbiacountyga.bonfirehub.com until 12:00 PM E.T. on Thursday, December 4, 2025.

A public opening will be held virtually, on the same day, via WebEx at https://ccgagov.webex.com/meet/gosteen at 2:00 PM E.T.

No submitted bid may be withdrawn after the scheduled closing time for receipt of bids for a period of sixty (60) days.

Deadline for Questions will be Wednesday, November 26, 2025 at 5:00 PM E.T. Questions should be submitted in w rit ing, via Bonfire Interactive at https://columbiacountyga.bonfirehub.com, or by email to cgoff@columbiacountyga.gov.

If vendor becomes aware of substitutions or alternate solutions that do not meet the attached specifications, it is to the vendor’s advantage to notify the Procurement Department in writing no later than 5 business days before the bid opening date. Procurement, along with the requesting department, will determine if an addendum revising the specifications will be issued or postponement of the bid opening is necessary.

The Board reserves the right to accept or reject any or all bids and waive formalities. Any objections to the specifications/requirements as set forth should be filed in writing prior to the bid openings.

Awarded vendor will be required to coordinate delivery of equipment with designated Columbia County representative.

No faxed or emailed bids will be accepted.

Delivery terms are FOB to: Columbia County Fire Station #2

518 Gibbs Road Evans, GA 30809

The bid will be awarded, if it is awarded, to the lowest responsive, responsible bidder based on the total price listed and the selection of any/all optional bid items or combination, if applicable.

The Columbia County Board of Commissioners reserves the right to terminate any contract for this equipment for any of the following reasons:

A) If the equipment is not delivered on an agreed upon shipping schedule.

B) If the equipment delivered is not the same equipment bid

(e.g.: options bid are not included at time of delivery).

C) Receipt of substandard product D) Poor workmanship

To ensure receipt of any/all addenda vendors are encouraged to register with Bonfire Interactive https://columbiacountyga.bonfirehub.com. Questions regarding registration should be directed to Bonfire Support at (800) 354-8010, Ext. 2.

https://columbiacountyga.bonfirehub.com/ https://ccgagov.webex.com/meet/gosteen%20at%202:

https://columbiacountyga.bonfirehub.com/ mailto:cgoff@columbiacountyga.gov

SCOPE

The Columbia County Board of Commissioners, in conjunction with Columbia County Fire Services, is seeking competitive bids on 30 NEW, UNUSED, 3M SCOTT AIR PAK XD with

PASS. . ALTERNATES WILL NOT BE CONSIDERED - SPECIFICATIONS ATTACHED.

• 3M™ Scott™ Air-Pak™ XD SCBA with PASS or SEMS 3.0, Config.

• Certification: NFPA 1981, 2018 Edition

• Model: Air-Pak XD

• Harness: Padded, Parachute Buckles

• Pressure:4500 psig

• Belt: Standard

• Bag: None

• Regulator: E-Z Flo+

• EBSS: None

• Airline: None

• Spare Harness: No

• Console: PASS + Pak-Tracker

• Case: No Case

SPECIAL CONDITIONS

1. Bid price must be inclusive of all materials, equipment, and shipping. Additional invoices for charges related to specified units will not be honored.

2. Vendor will be required to coordinate delivery of equipment with a designated

Columbia County representative.

3. The Vendor will provide a manufacturer’s warranty for the equipment purchased. The warranty period shall begin at acceptance of the unit.

4. Upon delivery of the equipment, the Vendor will provide a copy of the manufacturer’s recommendations for maintenance to ensure longevity.

Fire & Safety

Bid Specification

3M™ Scott™ Air-Pak™ XD Self-Contained Breathing Apparatus (SCBA)

Self-Contained Breathing Apparatus Requirements

• The SCBA shall consist of the following major sub-assemblies: (1) a removable, positive pressure, mask-mounted regulator with air-saver switch; (3) an automatic dual path redundant pressure reducer; (4) end-of-service time indicators; (5) a harness and backframe assembly for supporting the equipment on the body of the wearer; (6) a shoulder strap mounted, remote gauge indicating cylinder pressure; (7) a personal alert safety system (PASS);

Regulatory Approvals

• The SCBA shall be approved to NIOSH 42 CFR, Part 84 as an open circuit, pressure-demand self-contained breathing apparatus.

• The SCBA shall be certified to NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency

Services, 2018 Edition.

• The SCBA shall be certified to NFPA 1982, Standard on Personal Alert Safety Systems, 2018 Edition, when configured with a

PASS device.

• All components shall be approved for Intrinsic Safety under UL 913 Class I, Groups C and D, Class II, Groups E, F and G, Hazardous locations.

• The SCBA shall maintain all NIOSH standards with any of the types of cylinders listed as provided by the SCBA manufacturer.

Required Components

Regulator (Model: E-Z Flo+)

• The mask-mounted regulator shall maintain positive pressure during flows of up to 500 standard liters per minute.

• The mask-mounted regulator shall be available in a continuous hose configuration, with an optional inline quick disconnect coupling.

• The optional quick disconnect coupling shall be easily connected and disconnected by trained individuals with a gloved hand and in limited visibility conditions.

• The optional quick disconnect coupling shall be guarded against inadvertent disconnection during use of the equipment.

• The low-pressure hose shall be equipped with a swivel attachment at the mask-mounted regulator.

• The mask-mounted regulator shall connect to the facepiece by way of a quarter (1/4) turn rotation.

• A latch mechanism shall lock the mask-mounted regulator in place to prevent inadvertent rotation.

• An audible click shall provide notification that the mask-mounted regulator is securely attached to the facepiece.

• The mask-mounted regulator shall be equipped with a gasket to provide a seal against the mating surface of the facepiece.

• The mask-mounted regulator shall contain an air-saver switch to prevent airflow when disconnected from the facepiece.

• The mask-mounted regulator shall reactivate and supply air only in the positive pressure mode when the wearer affects a face seal and inhales.

• The mask-mounted regulator shall have a demand valve to deliver air to the user, activated by a diaphragm responsive to respiration.

• The diaphragm shall include an integrated exhalation valve.

• The mask-mounted regulator shall include a purge valve for use as an emergency bypass.

• The mask-mounted regulator shall be designed to direct the incoming air through a spray bar and over the inner surface of the facepiece lens for defogging purposes.

• The mask-mounted regulator shall incorporate a Heads-Up Display (HUD) to provide visual alerts to the SCBA user of air status and PASS alarm conditions.

• The mask-mounted regulator shall incorporate a latch mechanism to enable removal from the facepiece.

• The mask-mounted regulator shall require pulling back of the thumb latch and a quarter (1/4) turn rotation for removal from the facepiece.

Pressure Reducer with CGA Cylinder Connection

• The pressure reducer shall be mounted on the backframe and be coupled to the cylinder valve through an internally-armored, high-pressure hose with a hand coupling for engagement and sealing within the cylinder valve outlet.

• In lieu of a manual by-pass, the pressure reducer shall include a back-up pressure reducer connected in parallel with the primary pressure reducer and an automatic transfer valve for redundant control.

• The back-up pressure reducer shall also be the means of activating the low-pressure alarm devices in the mask-mounted regulator.

• The low-pressure alarm warning shall denote a switch from the primary pressure reducer to the back-up pressure reducer whether from a malfunction of the primary pressure reducer or from low cylinder supply pressure.

• A press-to-test valve shall be included to allow functional testing of the back-up pressure reducer.

• The pressure reducer shall have incorporated a resettable over-pressurization relief valve which shall prevent the attached low-pressure hose and mask-mounted regulator from being subjected to high pressure.

• The pressure reducer shall incorporate a removable cover to allow the SCBA to be machine washed in an approved SCBA washer.

End-of-Service-Time Indicator (EOSTI)

• The SCBA shall have two end-of-service-time indicators (EOSTI). One shall be both a tactile and audible alarm, and one shall be a Heads-Up Display (HUD).

• The primary EOSTI shall be the integral low-pressure alarm device that shall combine an audible alarm with simultaneous vibration of the facepiece.

• The primary EOSTI shall be located in the positive pressure mask-mounted regulator.

• This alarm device shall indicate either low cylinder pressure (35% +0/- 2%) or a malfunction of the primary pressure reducer.

• The HUD shall serve as the secondary EOSTI.

• The HUD shall be powered by the SCBA’s single power supply.

• The HUD shall be mounted in the user’s field of vision on the positive pressure mask-mounted regulator.

• The HUD shall display cylinder pressure in increments of 100%, 75%, 50% and 35% (+0/- 2%).

• The display shall not have a numerical representation of cylinder pressure.

• At greater than three quarters cylinder pressure, two green Light Emitting Diodes (LED) shall be illuminated.

• Between three quarters and one-half cylinder pressure, one green LED shall be illuminated.

• Between one-half and 35% (+0/- 2%) cylinder pressure, one “yellow” LED shall be illuminated and flash at a rate not less than one (1x) time per second.

• At 35% (+0/- 2%) or less cylinder pressure, one “red” LED shall be illuminated and flash at a rate to exceed ten times (10x) per second.

• The HUD shall have a low battery indication that is distinct and distinguishable from the cylinder pressure indications.

Backframe and Harness Assembly

• A lightweight wireform backframe shall be used to carry the cylinder and valve assembly and the pressure-reducing regulator assembly.

• The wireform backframe shall provide a low front-to-back SCBA profile to help minimize snag points in tight spaces.

• The backframe shall include an over-the-center, adjustable tri-slide fixture, a para-aramid strap and a double-locking latch assembly to secure 30, 45 or 60-minute cylinders.

• The harness assembly shall include a waist pad and shoulder pads, available in a padded or unpadded configuration.

• The padded harness assembly shall be constructed of an outer shell material and incorporating a closed-cell foam design to help minimize water and contaminant absorption.

• The harness assembly shall incorporate either parachute-type, quick release buckles or spring clips to help secure the webbing.

• The padded harness assembly shall consist of a one-size, black, para-aramid strap with two red stripes along the outer edges and a reflective stripe in the center for enhanced visibility.

• The harness assembly shall include a seat-belt type waist belt attachment.

• The harness assembly shall include box-stitched construction with no screws or bolts.

• The harness assembly shall be removable from the backframe without the use of tools.

• The harness assembly shall be machine washable to help with contaminant exposure reduction.

• The harness assembly shall accommodate a waist belt extension.

• The waist pad shall be attached to the backframe such that movement by the wearer provides natural articulation.

Articulation shall be accomplished without the use of mechanical devices.

• The waist pad and belt shall freely wrap around and conform to the user’s hips.

• The shoulder harness shall be fitted with a Drag Rescue Loop (DRL) capable of being deployed in an emergency to drag a downed wearer to safety.

• The DRL shall be sewn into the shoulder harness assembly and shall provide a horizontal pull strength of 1000 lbs.

• The DRL shall be stored in a manner to prevent accidental snag but maintain accessibility with gloved hands.

• The shoulder harness shall include reflective material to enhance the visibility of the user in low-light conditions.

• The padded shoulder harness shall accommodate two distinct positions for a chest strap attachment.

Personal Alert Safety System (PASS) with Firefighter Locator

• The PASS shall be certified to NFPA 1982, Standard on Personal Alert Safety Systems, 2018 Edition.

• Operation of this PASS shall be initiated with the opening of the valve of a charged SCBA cylinder.

• The system shall feature a “hands-free” reset capability that may be activated by means of movement of the SCBA when the system is in a pre-alarm mode.

• The system shall operate from a single power source containing six “AA” batteries.

• The system shall have a battery check function that provides an LED indication of battery status while the SCBA is not pressurized.

• When the PASS is manually activated, the locator system shall immediately emit a 2.4 GHz signal able to be received by a separate hand-held receiver.

• When the PASS is activated due to lack of motion, the locator system shall have a ten-second delay prior to emitting a 2.4 GHz signal able to be received by a separate hand-held receiver.

• The locating system shall be programmable with eight alpha-numeric characters to provide identification information.

• The PASS shall contain two components: a Console and a Sensor Module.

• When the PASS goes into pre-alarm, the user shall be notified through a distinct light pattern in the HUD display located on the mask-mounted regulator.

Console

• The system shall include a sensor module mounted to the SCBA backframe and located in an area between the cylinder and backframe in a manner designed to protect the assembly from damage.

• The sensor module shall contain a motion sensor that is sensitive to user hip movement to reduce false activations.

• The sensor module shall contain redundant, dual sound emitters for the audible alarm and dual visual “buddy” indicator lights.

• The sensor module sound emitters shall be oriented in multi-directions for optimal sound projection.

• The sensor module sound emitters shall broadcast a unique alarm tone for the following conditions:

- Pre-alarm PASS

- Full-alarm PASS

- Low battery

Backframe and Harness Assembly (continued)

Sensor Module

• The console shall be located on the user’s right shoulder harness.

• The console shall come with a mechanical (analog) pressure gauge that is angled at 30°.

• The console shall contain an integral, edge-lit, mechanical pressure gauge that is automatically turned on by opening the cylinder valve.

• The console shall display the following:

• Pre-Alarm: alternating red flashing LEDs;

- Full Alarm: dual flashing red LEDs and a flashing PASS icon;

- Low Battery: red flashing LEDs;

- Normal System Operation: flashing green LED.

• The console shall contain a photo-sensing diode that automatically the brightness of the HUD as the ambient lighting conditions change.

• The console shall contain an integrated RFID tag.

• The console shall contain buttons for user interaction.

• The buttons shall be designed to minimize accidental activation.

• A yellow color-coded button shall permit system reset.

• A red color-coded button shall permit manual activation of the full alarm mode.

• The console shall be equipped with an LED “External HUD” allowing others to determine the user’s cylinder pressure range through the same color-code scheme as the HUD on the mask-mounted regulator.

• A green LED shall be illuminated across the gauge face to indicate a cylinder with greater than 50% cylinder pressure.

• A yellow LED shall be illuminated across the gauge face to indicate a cylinder between 50% and 35% cylinder pressure.

• A red LED shall be illuminated across the gauge face to indicate a cylinder with less than 35% (+0/- 2%) of the rated cylinder pressure.

Optional Accessories

• The visual indicators on the backframe-mounted sensor module shall flash green during normal operation.

• The visual indicators shall flash red when the device is in pre-alarm and full-alarm.

• The visual indicators shall flash yellow when the SCBA has reached one-half cylinder pressure.

• The visual indicators shall flash a combination of red, green, and white when the SCBA has reached 35% (+0/- 2%) of the rated cylinder pressure.

• The sensor module shall have a Bluetooth® chipset integral to the unit to provide wireless connectivity to external devices.

Warranty

• The SCBA shall be covered by a warranty providing protection against defects in materials and workmanship.

• The warranty period shall be for as long as the SCBA is owned by the original purchaser.

• This warranty shall not require a registration in order to activate.

• This warranty shall not be contingent upon completing mandatory overhaul or recommended preventative maintenance.

Personal Alert Safety System (PASS) with Wireless SCBA Telemetry

• The PASS shall be certified to NFPA 1982, Standard on Personal Alert Safety Systems, 2018 Edition.

• Operation of this PASS shall be initiated with the opening of the valve of a charged SCBA cylinder.

• The system shall feature a “hands-free” reset capability that may be activated by means of a slight movement of the SCBA when the system is in a pre-alarm mode.

• The system shall operate from a single power source containing six “AA” batteries.

• The system shall have a battery check function that provides an LED indication of battery status while the SCBA is not pressurized.

• When the PASS is manually activated, the locator system shall immediately emit a 2.4 GHz signal able to be received by a separate hand-held receiver.

• When the PASS is activated due to lack of motion, the locator system shall have a ten-second delay prior to emitting a 2.4 GHz signal able to be received by a separate hand-held receiver.

• The locating system shall be programmable with eight alpha-numeric characters to provide identification information.

• The system shall provide bi-directional communications between incident command and the SCBA wearer.

• The communication shall contain: the user’s name or ID, cylinder pressure, PASS, PASS acknowledgement, evacuation status, evacuation acknowledgement, withdraw status, withdraw acknowledgement, system status, and electronic PAR status.

• The PASS shall contain two components: Console and a Sensor Module.

• When the PASS goes into pre-alarm, the user shall be notified through a distinct flashing light pattern in the HUD located on the mask-mounted regulator.

Console

• The console shall be located on the user’s right shoulder harness.

• The control console shall come with a mechanical (analog) pressure gauge that is angled at 30°.

• The console shall contain an integral, edge-lit, mechanical pressure gauge that is automatically turned on by opening the cylinder valve.

• The console shall display the following:

- Pre-Alarm: alternating red flashing LEDs;

- Full Alarm: dual flashing red LEDs and a flashing PASS icon;

- Low Battery: red flashing LEDs;

- Normal System Operation: flashing green LED.

• The console shall also include icons to indicate:

- Range status

- Evacuation

- Withdraw (self-evacuation)

- Electronic Personnel Accountability Report (ePAR)

- When the system is ready to receive the user’s ID through an RFID card

• The console shall contain a photo-sensing diode that automatically adjusts the brightness of the HUD as the ambient lighting conditions change.

• The console shall contain an integrated RFID tag.

• The console shall contain buttons for user interaction.

• The buttons shall be designed to minimize accidental activation.

• A yellow color-coded button shall permit system reset.

• A red color-coded button shall permit manual activation of the full alarm mode.

• A gray color-coded button shall permit the activation of the withdraw mode.

• The console shall be equipped with an LED “External HUD” allowing others to determine the user’s cylinder pressure range through the same color-code scheme as the HUD on the mask-mounted regulator.

• A green LED shall be illuminated across the gauge face to indicate a cylinder with greater than 50% cylinder pressure.

• A yellow LED shall be illuminated across the gauge face to indicate a cylinder between 50% and 35% cylinder pressure.

• A red LED shall be illuminated across the gauge face to indicate a cylinder with less than 35% (+0/- 2%) of the rated cylinder pressure.

Sensor Module

• The system shall include a sensor module mounted to the SCBA backframe and located in an area between the cylinder and backframe in a manner designed to protect the assembly from damage.

• The sensor module shall contain a motion sensor that is sensitive to user hip movement to reduce false activations.

• The sensor module shall contain redundant, dual sound emitters for the audible alarm and dual visual “buddy” indicator lights.

• The sensor module sound emitters shall be oriented in multi-directions for optimal sound projection.

• The sensor module sound emitters shall broadcast a unique alarm tone for the following conditions:

- Pre-alarm PASS

- Full-alarm PASS

- Electronic Personnel Accountability Report (ePAR)

- EVAC

- System Integrity

- Low battery

• The visual indicators on the backframe mounted sensor module shall flash green during normal operation.

• The visual indicators shall flash red when the device is in pre-alarm and full-alarm.

• The visual indicators shall flash yellow when the SCBA has reached one-half cylinder pressure.

• The visual indicators shall flash a combination of red, green, and white when the SCBA has reached 35% (+0/- 2%) of the rated cylinder pressure.

• The sensor module shall have a Bluetooth ® chipset integral to the unit to provide wireless connectivity to external devices.

Disclaimer: All statements, technical information and recommendations set out in this Sample Bid Specification are based on information believed to be reliable and reflect the 3M Scott product(s) referenced above, but the accuracy or completeness thereof is not guaranteed. Before utilizing this Sample Bid Specification, the user should determine its suitability for use in the user’s specific circumstances. The user assumes all risks and liability associated with any part of such use.

The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG.

Android is a trademark of Google LLC. iOS® is a registered trademark of Cisco in the US and is used by Apple under license. DuPont™, the DuPont Oval Logo, and all trademarks and service marks denoted with ™, SM or ® are owned by affiliates of DuPont de Nemours, Inc. unless otherwise noted© 2019 DuPont.

3M Scott Fire & Safety Personal Safety Division Monroe Center, P.O. Box 569 Monroe, NC 28111

Phone 1-800-247-7257 Email US-3M-ScottMonroeCSR@mmm.com Web 3M.com/ScottFire

3M.ca/ScottFire

H/S 7019H_EN 01/24 ISO 9001 Registered. 3M, Scott, and Air-Pak are trademarks of 3M. Used under license in Canada. © 2024, 3M. All rights reserved. 2204-23815 https://3M.com/ScottFire mailto:US-3M-ScottMonroeCSR@mmm.com www.3M.ca/ScottFire

BID TERMS AND CONDITIONS

1. Columbia County, GA (the County) reserves the right to accept or reject any or all bids and waive formalities.

2. The County is NOT liable for any costs incurred by bidders prior to the issuance of a

Notice to Proceed. The County shall not be liable for any expense incurred in connection with preparation of a response to this document. Vendors should prepare a straightforward and concise description of their ability to meet the requirements of this document.

3. Any objections to the specifications or requirements should be filed in writing at least five business days prior to the bid opening. Procurement, along with the requesting department, will determine if an addendum revising the solicitation documents will be issued or postponement of the bid opening is necessary.

4. The County shall have the right, but not the obligation, to accept deviations for the bid specification if, in the County’s discretion, such deviations provide for a product or service which is equal to or superior to that set forth by the specifications. All proposed deviations must be identified with sufficient detail in the bid response.

5. The County may, in its discretion, reject any product or service which deviates from the specifications and such deviation is not identified in the bid response.

6. It is Columbia County’s intent is to award as many items as possible to one provider in order to ensure that the County receives the best overall prices and service.

However, the County reserves the right to award on an individual item basis.

Columbia County will award based on the best interest of the County.

7. Columbia County does not guarantee the purchase of any/all items or services, and does not guarantee quantities.

8. The County reserves the right to terminate any purchase/contract for any of the following reasons:

• Items/services are not delivered on the agreed upon shipping schedule.

• Items/services delivered are not the same specified in the bid o (e.g.: options bid are not included at time of delivery).

• Receipt of substandard items/services

• Poor workmanship

9. The bidder will correct any and all errors and omissions that they make, at their own expense.

10. Responses will be retained as property of the County.

11. The successful company shall not discriminate against any person in accordance with

Federal Laws or Regulations.

12. All rates shall be guaranteed through the initial term of the contract.

13. The County reserves the right, if deemed necessary, to conduct discussions with any or all bidders for the purpose of clarification of responses.

14. Columbia County reserves the right to cancel the contract with a 30-day notice if it is determined by the Board of Commissioners that service or product(s) are unsatisfactory.

15. All bids are to remain confidential until award is made or Bid is canceled. Any bidder distributing, publishing, or posting their bid prior to this time may be subject to disqualification.

16. Companies must have a willingness to commit to specified levels of performance for service and quality.

17. Any interpretation of the bid will be made only via an addendum. Addenda will be prepared as quickly as possible for dissemination to all registered vendors for the specific commodity(ies).

18. Anyone submitting a bid may withdraw their submission up to the time specified as the closing time and date for acceptance of bids. No bidder may withdraw, cancel, or modify their bid except as requested by Columbia County, after being notified that the bid has been accepted.

19. To inspect and/or receive records on previous solicitations, please visit Open Record Request to submit your request. By using this portal, you will have the ability to track and monitor your public records request. All Communication will be sent directly to your email account.

20. Compliance with Applicable Law: Contractor agrees to comply with all federal, state, county and local laws ordinances and regulations applicable to the work to be done under this Contract. Contractor specifically agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Public Law 101-336) and all regulations and administrative rules established pursuant to those laws.

21. Independent Contractor Status: The service(s) to be rendered under this Contract are those of an independent contractor. Contractor is not to be considered an agent or employee of Columbia County for any purpose, and neither Contractor nor any of Contractor’s agents or employees is entitled to any of the benefits that Columbia County provides for its employees.

22. Severability: If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

23. All companies and their agents who intend to, or have submitted a response to this solicitation are hereby placed on formal notice that lobbying of Columbia County Government employees or members of the Evaluation Panel with the intent to manipulate the Procurement process may result in the immediate disqualification of such company by the County from further consideration for this project.

https://columbiacountyga.mycusthelp.com/WEBAPP/_rs/(S(tfb045o4zntymnwkfwqk5ynp))/supporthome.aspx https://columbiacountyga.mycusthelp.com/WEBAPP/_rs/(S(tfb045o4zntymnwkfwqk5ynp))/supporthome.aspx

24. Indemnity and Insurance: To the extent permitted by law, the Contractor shall indemnify and save Columbia County, its officers, agents, employees from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person(s); or damage or destruction to property, real or personal, arising directly or indirectly from the work performed by the consultant, its subcontractors or employees

Conditions Governing Purchase Orders

1. COLUMBIA COUNTY, GEORGIA (HEREINAFTER “THE COUNTY”) IS NOT RESPONSIBLE FOR SERVICE PROVIDED, OR FOR MATERIALS, SUPPLIES OR

EQUIPMENT DELIVERED WITHOUT AUTHORITY OF ITS WRITTEN ORDER.

2. Do not over-ship or substitute. Ship or provide contracted services exactly as ordered.

3. All material shipped by freight, express or parcel post, MUST HAVE ALL CHARGES FULLY PREPAID TO POINT OF DELIVERY, unless otherwise arranged for an expressly stated on this order.

4. Include itemized packing slips with all shipments or deliveries. Show Purchase Order Number and name of DEPARTMENT for whom delivery is intended.

5. Al services rendered, or materials, supplies or equipment received, subject to inspection and acceptance by the County.

6. If unable to fill this order exactly in accordance with description unit and price thereof, communicate at once with the County for instructions. The County reserves the right to reject and return at shippers expense any and all materials or supplies delivered which do not conform to purchase order description or specifications.

7. If there is any part of this order you cannot fill or perform promptly or within the time specified, notify the County at once. In the case of unreasonable delay in provision of goods or services, or delivery of goods inferior to those specified, or in case of any other default of the Vendor, the County shall have the right at its option to cancel this order in whole or in part, and the County may procure the goods or services from other sources and hold the Vendor responsible for any part, and EXCESS COST, EXPENSE AND DAMAGES occasioned thereby.

8. The Vendor by accepting this order agrees to assume the defense of and hold the County, its agents and its employees, harmless from all suits, costs, expenses, claims and damages arising from the use of the described materials because of actual or alleged infringement of any copyrights, patent or patent right of any invention or any other cause, and Vendor represents and warrants that the unit prices charged herein are not higher than any applicable legal maximum prices permitted under existing governmental regulations and are not in excess of those currently charged to other governmental, institutional, or commercial users for similar items, quantities and deliveries.

9. The workmanship quantities or qualities of goods, and the provision of any services to the County, which are to be paid for hereunder shall be to the satisfaction of the County. Before final acceptance by the County, all matters of dispute must be adjusted to the mutual satisfaction of the County and the Vendor. Determinations and decisions, in case any question shall arise, shall constitute a condition precedent to the right of the Vendor to receive any money thereof, until the matter in question is settled.

10. All items delivered on this order are to be new and the manufacture or product of the United States or its territorial possessions, unless otherwise specified. All services shall likewise be provided by legal residents of the United States who are acting in full accordance with State and Federal laws.

11. EXCISE AND SALES TAXES: The prices herein MAY NOT include any Federal excise taxes or sales taxes imposed by the State of Georgia. Such taxes, if included, must be deducted by the Vendor before submitting claim for payment.

12. For goods, please make deliveries between 9 A.M. and 4 P.M. Indoor delivery if necessary. Service providers must show up at the designated location at the agreed upon time.

13. Indemnification for Actions of Vendors and Employees, Agents, Sub-contractors: The Vendor (Indemnifying Party) covenants and agrees to take and assume all responsibilities for the event outlined in this Agreement. The Vendor further agrees to defend, indemnify and hold harmless the County, its officers, boards, commissions, elected and appointed officials, employees, volunteers and agents (hereafter referred to as Indemnified Parties) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to reasonable fees and expenses of attorneys, paralegals, and other professionals incurred by the Indemnified Party to the extent that such Losses arise out of or in connection with the Indemnifying Party’s (i) breach of this Agreement, (ii) negligence or gross or willful misconduct in performing its duties under this Agreement that causes injury or death or damage to property, and/or (iii) violation of any federal, state or local statute, ordinance or regulation in performing its duties under this Agreement, or which may be the result of willful, negligent or tortious conduct related to this event, performance of contracted services, or operations any subcontractor, anyone directly or indirectly employed by the Vendor or subcontractor, or anyone for whose acts the Vendor or subcontractor may be liable, regardless of whether the negligent act is caused in part by an Indemnified Party hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the Indemnified Parties.

14. Duty to Defend / Attorneys / Other Fees & Expenses. Upon written request by the County, Vendor agrees to defend and provide legal representation for any claims arising out of this agreement due to the actions or inactions of the Vendor or its employees or agents, by attorneys and other professionals approved by the County.

Notwithstanding the foregoing, the County may, in its sole and absolute discretion, engage its own attorneys and other professionals to defend or assist with respect to such matters, and, at the option of the County, its attorneys shall control the resolution of such matters. Upon demand, Vendor shall pay or, in the sole and absolute discretion of the Board of Commissioners, reimburse the County for the payment of reasonable fees and disbursements of attorneys and other professionals in connection therewith.

15. Governing Law/Venue: By acceptance of the contract, including any performance thereof, whether partial or full, Vendors hereby agree that any and all issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement, and concerned with work performed under this agreement, will be exclusively governed by and construed under Georgia law, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Furthermore, both parties hereby agree that, as an essential term of this agreement, the federal and state courts having jurisdiction over Columbia County, Georgia shall have the exclusive jurisdiction for all matters arising from this Agreement, to include any and all matters involving Vendor indemnification actions pursuant to paragraphs thirteen (13) and fourteen (14).

16. Service Providers / Relationship of the parties. The parties specifically intend, acknowledge and agree that Vendor’s obligation to provide services hereunder shall be in its capacity as an independent contractor and not as an employee of the County. The parties do not intend to act as joint employers or in joint-ventures, or in any other legal capacity other than as separate and distinct entities acting pursuant to the contractual relationship established solely by this Agreement. Neither Vendor nor any of its subcontractors, agents, employees or servants shall be considered subcontractors, agents, employees or servants of the County. Other than what is required by the terms of the Agreement, the County will exercise no control over the manner, method or specific time of the performance of Vendor’s services.

Vendor and its subcontractors, agents, employees and servants shall not be eligible for, and shall not be provided, any of the benefits of any type whatsoever provided by the County to County employees. Vendor agrees not to represent itself in any fashion, or to allow its agents, employees, contractors or officers to represent themselves, as agents or employees of the County.

Furthermore, and to this end:

a. Equipment/Operation Warranties and Representations. Vendor represents, warrants and guarantees that any of its equipment used in performing its services hereunder shall be free from defects, that the equipment will be of good quality and operated by competent, experienced and properly trained (and, if necessary, certified) personnel.

b. Workmanship Warranties and Representations. Vendor represents and warrants that its work will be performed in a good and workmanlike manner in compliance with all federal, state, and local law, regulations and ordinances and all industry and OSHA standards.

c. Payroll Withholding. Vendor agrees to pay payroll withholding taxes, income taxes, sales taxes, and all local federal and state taxes attributable to Vendor’s activities in connection with the contract.

d. Employee Qualifications/Conduct. Vendor agrees to hire only personnel who are a minimum of 16 years of age at a wage equal to or greater than the federal minimum wage; comply with applicable local, state, and federal laws and regulations in hiring personnel; establish and maintain standards of conduct and discipline for its personnel acceptable to the County; and remove from County projects any personnel failing to meet such standards.

17. Insurance Requirements: Prior to contracting with or conducting any business with the County pursuant to this purchase order or services contract, Vendor agrees to purchase and maintain insurance with a company acceptable to Columbia County and authorized to do business in the State of Georgia, to insure and protect the Vendor and the County from claims for bodily and personal injury, sickness, disease or death, damages to or destruction of personal property, including loss of use resulting there from any or all of which may arise out of or result from the Vendor’s operation under the contract documents, whether such operations are by the Vendor or its employees, agents, subcontractors or anyone directly or indirectly employed by/volunteering for any of aforementioned, or for whose acts Vendor may be legally liable. Policies shall be maintained at or above the liability limits specified, or as otherwise required by law. Existing policies shall be modified or endorsed to comply as necessary.

a. The County shall be named under the policy as an additional insured party.

b. Primary and Non-Contributing – Vendors’ insurance coverage shall be primary and noncontributing with respect to any other insurance or self-insurance available to Columbia County. Insurance or self-insurance maintained by the County shall be in excess of Vendor’s insurance and shall not contribute with it.

c. Automobiles - Vendors engaging in business with the County hereby acknowledge and agree that Automobile Liability is required and will be maintained when any vehicle or mobile unit is placed on the County’s property as part of a Renter’s setup pursuant to contract performance, or in the event that any vehicle(s) will be utilized in any manner during performance of this contract.

d. Workers Compensation – limits as required by the State of Georgia, to include at a minimum Employer’s Liability limits of $1,000,000 per accident or disease.

e. Comprehensive General Liability – Vendors shall obtain general liability coverage on an “Occurrence” basis when participating in events occurring on premises owned or controlled by the County. Coverage shall include coverage for Premises and Operations; Products and Completed Operations; Personal & Advertising injury; General Liability Medical Expenses; and Property Damage. The policy must protect the Vendor and any subcontractor performing work under this contract from claims which could arise from operations of this contract whether such operations are performed by the Contractor, subcontractor, volunteer or anyone directly or indirectly employed by either. The general aggregate amount of such insurance shall not be less than $2,000,000 per occurrence. (*On a case-by-case basis, where appropriate, the Commission may authorize Vendors to obtain a reduced aggregate limit of $1,000,000 per occurrence.) Specific liability limits must meet the following minimum coverage amounts:

1. Premises & Operations / Products & Completed Operations –$2,000,000 aggregate

2. Personal & Advertising injury – $2,000,000 per occurrence

3. Bodily Injury / General Liability– $5,000 medical expenses (per person)

4. Property Damage – $100,000 for damages to leased/rented premises

18. Insurance Certification - Vendor shall provide Columbia County with a certificate of insurance certifying that the foregoing insurance is in force as well as a copy of any endorsements required for compliance with the insurance requirements; and such insurance endorsements shall include provisions that the insurance shall not be cancelled, allowed to expire or be materially changed without giving Columbia County thirty (30) days advance notice by registered mail.

19. Trademarks. Vendor shall not use any County or State logo, mark, or trade name including, but not limited to, “Columbia County,” “State of Georgia,” and trademark which is not licensed thereto, or any combination thereof.

20. Non-Endorsement. Vendor understands that the County does not endorse or sponsor any product or service and that Vendor may not advertise or tout their relationship with the County.

No Waiver. The waiver by either party to this Agreement of a breach of any of the provisions of this Agreement shall not operate or be construed as a waiver of any subsequent or simultaneous breach of this Agreement. No waiver shall be binding under this Agreement unless in writing and signed by the party waiving the breach.

3M™ Scott™ Air-Pak™ XD