REQUEST FOR QUOTE TERMS AND CONDITIONS

These Special Provisions, along with the specifications that follow, apply in like force to this solicitation and to any subsequent contract resulting therefrom.

COMMUNICATIONS DURING SOLICITATION AND LOBBYING PROHIBITION

Communicating with or lobbying of evaluation committee members, county government employees, or elected officials (including County Commissioners) regarding requests for proposals, requests for qualifications, bids, or contracts by the Bidders or any member of the Bidder's staff, an agent of the Bidder, or any person employed by any legal entity affiliated with or representing an organization that is responding to the requests for proposal, requests for qualification, bid or contract outside a publicly noticed meeting specifically called to address this particular solicitation is strictly prohibited. Nothing herein shall prohibit a prospective Proposer from contacting the Purchasing Director, or Purchasing staff identified in the solicitation, to address concerns or grievances or receive clarification about a particular procurement. In addition, nothing herein shall prohibit a Proposer that has been shortlisted in the Notice of Intent to Award from engaging in contract negotiations with the County staff designated to negotiate the contract.

For purposes of this provision lobbying activities shall include, but not be limited to, influencing or attempting to influence action or non-action in connection with any requests for proposals, requests for statements of qualifications, invitations for bids, related processes or contracts through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any proposal, statement of qualification, bid, contract or any other response to be rejected.

The prohibition on communication with County Persons (including County Commissioners) by Proposers and their representatives regarding a procurement in which they have a pecuniary interest begins upon issuance of the solicitation and ends upon final award, when the protest is finally resolved, or when the procurement process is otherwise concluded, whichever occurs later. This prohibition does not apply to communication on other matters in which a Proposer may have an interest outside of the solicitation.

ADDITION/DELETION

The Pasco County Board of County Commissioners reserves the right to add or delete any item from this bid or resulting award when deemed to be in the best interest of the Board.

AMERICANS WITH DISABILITIES ACT

Pasco County does not discriminate upon the basis of any individual’s disability status. This non-discrimination policy involves every aspect of the County’s functions including one’s access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation to the solicitation documents or for the public meetings related to any solicitation should contact the Purchasing staff member named on the solicitation summary at least twenty- four

(24) hours in advance of the meeting. Requests for accommodation may also be directed to the Human Resources Department, Internal Services Building, 7536 State Street, New Port Richey, FL 34654 at

(727) 847-8030 or at (727) 847-8949 if you are hearing impaired. Please be advised that if you contact the County by email, your email address will become a public record and may be subject to disclosure under the Florida Public Records Act.

AWARD

Consideration for award will be by proximity to specifications given, costs, time of delivery, and other factors deemed by the County to be appropriate. All purchases, leases, or contracts that are based on competitive bids will be awarded to the lowest, responsive, and responsible Bidder.

Complete and accurate responses to all items are necessary for the complete and fair evaluation of bids. Total-cost or life-cycle-costing, which includes the identification of identifiable costs associated with acquisition, installation, maintenance, and operation of the Bidder's offered equipment may be used to determine the lowest Bidder. Such analysis may be based upon the Bidder's proposal data and other data which is gathered by the County. Additional factors that may be considered include the expected life of equipment, output, maintenance, consumption costs, disposal value, warranty, complexity of operation, required training, and other factors that may contribute to the overall cost of ownership. In determining the responsibility of Bidders, past performance, references, documented experience, financial capability, and other reasonable factors may be considered. Pasco County reserves the right to award by item, group of items, lowest total, or whatever manner is deemed to be in the County's best interest. The County reserves the right to award to a single or multiple Bidder is found to be in the County’s best interest.

CANCELLATION

Pasco County reserves the right to cancel a resulting contract, without cause, by giving thirty

(30) days' prior written notice to the Bidder of the intention to cancel, or with cause if at any time the Bidder fails to fulfill or abide by any of the terms or conditions specified. Failure of the Bidder to comply with any of the provisions of a resulting contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the sole discretion of Pasco County. In addition to all other legal remedies available to Pasco County, Pasco County reserves the right to cancel and obtain from another source, any services which have not been provided within the required period of time or, if no such time is stated, within a reasonable period of time from the date of order or request, as determined by Pasco County.

CHANGE IN SCOPE OF WORK

Pasco County may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the Bidder that the scope of the project or of the Bidder's services has been changed, requiring changes to the amount of compensation to the Bidder or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract or purchase order signed by Purchasing Director. If the Bidder believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Bidder, the Bidder must immediately notify Pasco County in writing of this belief. If Pasco County believes that the particular work is within the scope of the contract as written, the Bidder will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope.

CONTRACT TERM

The contract period will begin on date of Pasco County Board of County Commission approval and continue for 3 years, subject to the Price Escalation terms described elsewhere herein, unless canceled in writing by Pasco County. The County reserves the right to extend the contract, under the same prices, terms and conditions as in the original contract approved by Pasco County for two additional one-year periods, as found to be in the best interest of the County. All contracts are subject to the appropriation of funds by Pasco County.

CONTRACTOR’S PUBLIC RECORDS REQUIREMENTS

The CONTRACTOR shall comply with the requirements of Florida's Public Records Act, Chapter 119, Florida Statutes. To the extent required by Section 119.0701, Florida Statutes, CONTRACTOR shall (a) keep and maintain public records required by the COUNTY to perform the service under the Agreement; (b) upon request from the COUNTY’s custodian of public records provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for under Florida's Public Records law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if CONTRACTOR does not transfer the records to the COUNTY;

and (d) upon completion of the contract, transfer, at no cost to the COUNTY, all public records in possession of CONTRACTOR. Upon transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. All documentation produced as part of this Agreement will become the property of the COUNTY. This paragraph shall survive the expiration or termination of this Agreement.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT (727) 847-8147, PRR@MYPASCO.NET, OR 7536 STATE

STREET, NEW PORT RICHEY, FL 34654.

Under Florida law, a Contractor who fails to provide the public records to the COUNTY within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes, and such non-compliance will constitute a breach of the Agreement and may serve as grounds for termination of this Agreement.

COST REIMBURSEMENT

Unless an alternative cost methodology is specified herein, the contractor agrees that payment by Pasco County to the contractor for materials used in the performance of any work under the contract on a cost plus a percentage of cost basis is specifically prohibited. The cost of all materials provided in mailto:PRR@MYPASCO.NET the performance of the work is to be reimbursed to the contractor in the following manner: Pasco County shall reimburse the contractor, on completion and acceptance of each assigned job, only for those materials, equipment parts, supplies, rentals, services, etc., actually used in the performance of the work that are supported by invoices issued by the suppliers of the contractor describing the quantity and cost of the materials purchased. No surcharges shall be added to the suppliers' invoices or included in the contractor's invoice submitted to Pasco County that would increase the dollar mount indicated on the suppliers' invoices for the materials purchased for the assigned job. All incidental costs, including allowances for profit and tools of the trade, must be included in the contract hourly labor rates.

ECONOMIC PRICE ADJUSTMENT

Any reference in the solicitation to economic price adjustment or price escalation shall be considered to mean price decreases as well as increases, unless otherwise stipulated.

Bids that contain a provision for price escalation with a ceiling will be evaluated at the maximum possible escalation of the bid price. Bids that contain a provision for price escalation without a ceiling will be rejected unless, in the judgment solely of Pasco County, a clear basis exists for comparative evaluation with other bids received. Bids that provide for price escalation based upon a method other than a percentage factor will be rejected unless, in the judgment solely of Pasco County, there is a clear basis for comparative evaluation.

If a bidder deletes the price escalation clause from its bid, the bid will be rejected as nonresponsive. If a bidder lowers the ceiling stipulated in the Invitation for Bid, the bid will be evaluated at the base price in the same manner as those bids that do not reduce the stipulated ceiling. If the bidder offering a lower ceiling ultimately receives the award, that ceiling will be incorporated into the contract documents.

PRICE ADJUSTMENTS BASED ON THE CONSUMER PRICE INDEX (CPI)

Unit prices in contracts that are longer than twelve (12) months and include provisions for price adjustments based on movement in the Consumer Price Index (CPI) may be adjusted bi-annually. The unit prices may be adjusted based on the movement of the of the U.S. Department of Labor's Consumer Price Index for All Urban Consumers (CPI-U) (1982-84=100), as posted at http://www.bls.gov/cpi/. The baseline index will be the month and year in which the contract began.

The adjustments will not be cumulative and will be computed using the original contract unit prices.

Adjustments may be requested no earlier than 180 days after the contract start date. Adjustments shall be computed using the latest CPI-U that is published and available on the date the County receives the adjustment request in writing. The unit price(s) changed as a result of these adjustments shall become effective on the first (1st) day of the next month, provided the request is submitted at least fifteen (15) days prior. If later than fifteen (15) days prior, the adjustment will become effective on the first (1st) day of the following month. Adjustments may be requested every 180 days thereafter for the term of the contract. Adjustments will not be retroactive or prorated. The County reserves the right to also request adjustments, following the first adjustment and at the same interval, especially if the CPI decreases and it is deemed to be in the County's best interest.

ETHICS IN PUBLIC PROCUREMENT

The contract upon award shall incorporate by reference, but shall not be limited to, the provisions of law contained in Chapter 112, Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Bidder certifies that its bid was made without collusion or fraud; that it has not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer, or subcontractor in connection with this bid; and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of value.

NON-DISCRIMINATION

During the performance of this Agreement, the Contractor herein assures the County that said Contractor is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and The Florida Civil Rights Act of 1992 in that the Contractor does not on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against the employees of the Contractor or its applicants for employment. The Contractor understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor shall comply with Title VI of the Civil Rights Act of 1964 when any Federal grant is involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto.

This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability.

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to the state or any department or agency of this state (“public entity”); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity;

may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

The Contractor agrees to include this provision in all subcontracts issued as a result of this solicitation.

CONFLICT OF INTEREST

All bidders must disclose – with their bid – the name of any officer, director, or agent who is also an employee of Pasco County, Florida.

E-VERIFY REQUIREMENT

A contractor or consultant entering into a contract with a public entity (such as the County) is required to be registered with the U.S. Dept. of Homeland Security’s E-Verify System and to utilize it to verify the work authorization status of all newly hired employees throughout the term of the contract. The contractor or consultant shall also be required to obtain and retain affidavits from all subcontractors or subconsultants utilized during the contract verifying that they do not employ, contract with, or subcontract with any unauthorized aliens as that term is defined in 8 U.S.C. § 1324a(h)(3). The failure to comply with this requirement constitutes grounds for termination of the contract and for such other penalties as provided under section 448.095, Florida Statutes.

If a public employer has terminated a contract with a contractor for failure to comply with the requirements of the paragraph above, the contractor may not be awarded a public contract for at least one year after the date on which the contract was terminated.

The County reserves the right to request verification of compliance from its consultants and contractors during the term of its contract with the County and for a period of up to five (5) years thereafter. Should a County-retained consultant, contractor, and/or its subconsultants be found to be non-compliant with E-Verify as part of a federal audit or other inquiry, the consultant, contractor and/or its subconsultant(s) will be solely responsible for the payment of any fines or costs imposed upon the county as a result of such non-compliance. Compliance with this section is mandatory for all projects.

SCRUTINIZED COMPANIES AND OTHER PROHIBITED ENTITIES OR ACTIVITIES

(1) A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the County for goods or services of:

(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or

(b) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; Florida Statute, or

2. Is engaged in business operations in Cuba or Syria.

By signing this Agreement, the BIDDER certifies that it is not participating in a boycott of Israel, is not on any of the aforementioned lists, and it does not have business operations in Cuba or Syria. The BIDDER agrees to notify the COUNTY if placement on any of the aforementioned lists occurs or if the

BIDDER is engaged in a boycott of Israel or has business operations in Cuba or Syria.

The COUNTY may terminate this Agreement if the BIDDER’s certification above is found to be false; has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel;

has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria. In addition to possible termination of this Agreement based on the above grounds, the County will comply with section 287.135, Florida Statutes, regarding submittal of a false certification.

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS

Effective July 1, 2023, and pursuant to section 287.05701, the County: (1) may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor; and (2) may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

DISCRIMINATORY VENDOR LIST

The County adheres to subsection 287.134(2)(a), Florida Statutes, and will not transact business with entities or affiliates placed on the discriminatory vendor list maintained by the Florida Department of Management Services. Violation of this provision by the Contractor is grounds for termination of the Purchase Order and/or any associated Agreement by the County.

GENERAL ADMINISTRATION

Correspondence regarding any orders resulting from this solicitation must be addressed to the Purchasing Department at 7536 State Street, New Port Richey, FL 34654. A purchase order number must appear on all correspondence.

If these conditions are not acceptable, please advise the Purchasing Department upon receipt of the purchase order and before any delivery is made

INDEMNIFICATION

In consideration of the sum of Fifteen and 00/100 Dollars ($15.00), the receipt and sufficiency of which is acknowledged by the contractor to be included and paid for in the contract price, the contractor shall indemnify, defend, and hold harmless Pasco County and its agents and employees from and against all liabilities, claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss, or expense: 1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom; and 2) is caused in whole or in part by any negligent act or omission of the Bidder and subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except for those caused by the negligent act or omission of Pasco County.

In any and all claims against Pasco County or any of its agents or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation, or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts.

INDEPENDENT CONTRACTOR

The Bidder shall be legally considered an independent contractor and neither the Bidder nor its employees shall, under any circumstances, be considered servants or agents of Pasco County; and Pasco County shall be at no time legally responsible for any negligence or other wrongdoing by the Bidder, its servants, or agents. Pasco County shall not withhold from the Bidder any Federal or State unemployment taxes, Federal or State income taxes, Social Security tax, or any other amounts for benefits to the Bidder. Further, Pasco County shall not provide to the Bidder any insurance coverage or other benefits, including workers’ compensation, normally provided by Pasco County for its employees.

INSURANCE REQUIREMENTS

The insurance required must be written by an insurer authorized to do business in the State of Florida and also have an "A" policyholder's rating and a financial rating of at least Class VIII in accordance with the most current Best's Key Rating Guide. Prior to the time the contractor is entitled to commence any part of the project, work, or services under this contract, the contractor shall procure, pay for, and maintain at least the following insurance coverages and limits. Policies of insurance required by the contract shall be primary insurance and non-contributory with respect to the County, its officials, agents, or employees. The said insurance shall be evidenced by delivery to Pasco County of

1) Certificates of Insurance executed by the insurers listing coverages and limits, expiration dates and terms of policies and all endorsements whether or not required by Pasco County and listing all carriers issuing the said policies; and 2) upon request, a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this contract.

1. Workers' Compensation in at least the limits as required by law; Employers' Liability Insurance of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00) for each accident. The contractor agrees to waive its right of subrogation as part of this coverage.

2. Three Hundred Thousand and 00/100 Dollars ($300,000.00) Comprehensive General Liability Insurance including, but not limited to, Independent, Contractor, Contractual, Premises/Operations, Products/Completed Operation and Personal Injury covering the liability assumed under indemnification provisions of this contract, with limits of liability for personal injury and/or bodily injury, including death, of not less than Three Hundred Thousand and 00/100 Dollars ($300,000.00), each occurrence; and property damage of not less than One Hundred Thousand and 00/100 Dollars ($100,000.00), each occurrence. (Combined single limits of not less than Three Hundred Thousand and 00/100 Dollars [$300,000.00], each occurrence, will be acceptable unless otherwise stated.) Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form Property Damage coverage and Fire Legal Liability of not less than Fifty Thousand and 00/100 Dollars ($50,000.00) per occurrence, unless otherwise stated by exception herein.

3. Comprehensive Automobile and Truck liability covering owned, hired, and nonowned vehicles with combined single limits of not less than Three Hundred Thousand and 00/100 Dollars ($300,000.00), each occurrence. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards.

Each insurance policy shall include the following conditions by endorsement to the policy:

1. Each policy shall require that thirty (30) days prior to expiration, cancellation, nonrenewal, or any material change in coverages or limits, a notice thereof shall be given to Pasco County by certified mail to: Pasco County Risk Management Department, 7536 State Street, Suite 111, New Port Richey, Florida 34654. The contractor shall also notify Pasco County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal, or material change in coverage received by the said contractor from its insurer; and nothing contained herein shall absolve the contractor of this requirement to provide notice.

2. Companies issuing the insurance policy, or policies, shall have no recourse against Pasco County for payment of premiums or assessments for any deductibles that all are at the sole responsibility and risk of the contractor.

3. The term "County" or "Pasco County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pasco County.

4. Pasco County shall be endorsed to the required policy or policies as an additional insured, with the exception of Worker’s Compensation and Professional Liability, if applicable.

5. Pasco County shall also be listed as a certificate holder.

6. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by Pasco County to any such future coverage, or to Pasco County's self-insured retentions of whatever nature.

LAW COMPLIANCE

Each party will comply with all applicable Federal, State and local laws, rules, regulations, and guidelines related to performance under this agreement. In particular, the contractor/vendor/named party verifies and affirms that it is in compliance with 8 U.S.C., Sec. 1324, prohibiting the employment either directly or by contract, subcontract, or exchange of unauthorized aliens in the United States. The County will consider the employment of unauthorized aliens by any contractor/vendor/named party, during the term of the agreement, a violation of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this agreement by the County.

LOCAL PREFERENCE

Under Sec. 2-111(a)(1) of Pasco County‘s Purchasing Ordinance, a business qualifies as “Local Business” if it meets the following requirements and is: a) a vendor, supplier, or contractor who does business in Pasco County by providing goods, services, or construction; and b) maintains a physical business address located within the jurisdictional limits of Pasco County in an area zoned for the conduct of such business; and c) the vendor, supplier or contractor operates or performs business on a daily basis at said location; and d) has so operated or performed business at that location for at least twelve (12) months prior to the Bid or Proposal opening date; and (e) includes a copy of their local business tax receipt with their Bid or Proposal. Post office boxes shall not be used for the purpose of establishing said physical address. The justification for the application of a local preference to a particular Bidder, along with a copy of the Bidder’s local business tax receipt, must be included as part of any Bid submitted.

In bidding for, or letting contracts or procurement of goods, services or construction, as described herein, the Board of County Commissioners (BOARD) may give a preference to Local Businesses in making purchases (unless otherwise precluded by the ordinance, state or federal law) as described below:

(i) When written quotations or sealed bids are received that do not exceed $1,000,000.00, and the lowest price is offered by a vendor that is not a Local Business, and the next lowest price is offered by a Local Business, and is within 10% of the lowest price offered, then the Local Business shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the Local Business will be awarded the quotation or bid if the Local Business is otherwise fully qualified and meets all requirements of the solicitation.

(ii) When sealed bids are received that are greater than $1,000,000.00, and the lowest price is offered by a business that is not a Local Business, and the next lowest price is offered by a Local Business, and is within 5% of the lowest price offered, then the Local Business shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the Local Business will be awarded the quotation or bid if the Local Business is otherwise fully qualified and meets all County requirements.

(iii) The total quote or bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternates which were both part of the bid and that will be actually purchased or awarded by the BOARD.

If two or more identical quotations or bids are received at the time the written quotations or sealed bids are opened, the award shall be made to the responsive, responsible “Local Business” as defined herein.

The preference established in this section does not prohibit the right of the BOARD to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids or proposals nor prohibit the BOARD from giving any other preference permitted by law in addition to the preference authorized in this section.

This local preference provision is not applicable to those solicitations involving the use of either State or Federal funds.

MULTIPLE AWARD

1. The County reserves the right to award non-exclusive contracts to multiple respondents for the specified services based on total bid as provided for in the bid, to the lowest responsive, responsible bidders who, in the sole and absolute judgment of the County, can provide the goods and/or services required. Complete and accurate responses to all line items within the bid form are necessary for the complete and fair evaluation of bids.

2. Verbiage for Tier Approach

It is the intent of Pasco County to award this contract using a tiered approach. While awards shall be made to multiple respondents, each respondent shall be assigned a status as primary, secondary or tertiary, based on responses to this solicitation. The lowest responsive, responsible bidder shall be assigned primary, the second lowest bidder shall be assigned secondary, and the third lowest shall be assigned tertiary.

3. When a need for services occurs, a Pasco County Representative (PCR) shall contact the primary respondent first. If the primary respondent is unable to supply the required services, the PCR shall proceed to the secondary respondent. If the primary and secondary respondents are both unable to supply the required services, the PCR shall proceed to the tertiary respondent.

PATENT INFRINGEMENT

Vendor, by submitting a bid to this solicitation, assumes complete responsibility for any alleged patent infringements and will save and hold the County harmless from all suits and payments.

PAYMENT PROCEDURES

The Pasco County Board of County Commissioners will process payments in a timely manner and in accordance with Chapter 218, Part VII, Florida Statutes (The Local Government Prompt Payment Act).

Successful bidder(s) shall furnish invoice and payment requests (billed to the Pasco County Board of County Commissioners) to accts.payable@pascoclerk.com or mail to Pasco County Board of County Commissioners, Accounts Payable Department, P.O. BOX 1554, Dade City, Florida 33526-1554.

Successful bidder(s) should send a separate invoice for each shipment. A purchase order number must appear on each invoice.

Several payment options are available to the successful Bidder upon receipt of a correct invoice:

• Check may be mailed to the remit address on the invoice. The check is sent to the Post Office the day after Board of County Commissioners approval.

• Check may be picked up in Dade City. The vendor must pick up the check the day after Board of County Commissioners approval. The successful Bidder or contractor must call

(352) 521-4599 for detailed instructions.

• Payment may be wire-transferred to the vendor’s bank account. The vendor must call

(352) 521-4599 for detailed instructions.

All credit adjustments must be made by check or credit memo directly to the Pasco County Board of County Commissioners.

PAYMENT TERMS AND DISCOUNTS

Unless otherwise indicated in the bid documents or required by state law, payment terms will be net forty-five (45) days. Terms not consistent with this provision are not acceptable and may be cause for rejection. Pasco County will pay the vendor within forty-five (45) days after the receipt of a correct invoice for the specified work or goods received. Unless otherwise indicated in the bid documents, only one (1) lump-sum payment will be made.

Discounts for prompt payment requiring payment by Pasco County within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by Pasco County of a correct invoice describing reasonable work allocable to the contract or after the date of acceptance of work/goods that meets contract requirements, whichever event occurs later.

Discounts for payment in less than forty-five (45) days will not be considered during evaluation for award but may be taken if applicable after award.

PURCHASE ORDER REQUIREMENT

Purchases of Pasco County are authorized only if a signed purchase order is issued by the Purchasing Director or designee in advance of the transaction, showing that the ordering agency has sufficient funds available to pay for the service. Vendors providing services without a signed purchase order do so at their own risk and Pasco County assumes no responsibility for purchases which are not covered by a purchase order number or approved by the Purchasing Director or designee.

Pasco County will not be liable for payment for any services provided under the contract unless a valid purchase order has been issued to the vendor. If the purchase order does not meet minimum billing, or if there is a set-up charge, advise the Purchasing Director before shipping.

RECOVERY OF MONEY

Whenever, under the contract, any sum of money shall be recoverable from or payable by the Bidder to Pasco County, the same amount may be deducted from any sum due the Bidder under the contract or under any other contract between the Bidder and Pasco County. The rights of Pasco County are in addition and without prejudice to any other right Pasco County may have to claim the amount of any loss or damage suffered by Pasco County on account of the acts or omissions of the Bidder.

REQUIREMENTS CONTRACT

During the period of the contract, the contractor shall provide all the services described in the contract. The contractor understands and agrees this is a requirements contract and Pasco County shall have no obligation to the contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of Pasco County for the period of the contract.

The amount is only an estimate, and the contractor understands and agrees Pasco County is under no obligation to the contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The contractor further understands and agrees Pasco County may require services in an amount less than or in excess of the estimated annual contract amount, and the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. The Pasco County Board of County Commissioners shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this solicitation.

RISK OF LOSS

Pasco County shall be relieved from all risks of loss or damage to goods during periods of transportation, manufacture, and the entire time the goods are in the possession of Pasco County prior to acceptance by Pasco County. At such time, the risk of loss or damage for goods shall pass to Pasco County. Delivery will be accepted at the bidder’s risk. Goods are subject to inspection and returned if found unsatisfactory. The Bidder shall not be responsible for damage to the goods occasioned by negligence of Pasco County or its employees.

SALES TAX

The Pasco County Board of County Commissioners, as a governmental entity, is exempt from payment of all federal excise taxes and generally all state governments. Additionally, Pasco County Board of County Commissioners is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. A copy of the exemption is available on the County's website or may be obtained by request.

TRANSPORTATION AND PACKING

Prices quoted shall be net, including transportation and delivery charges fully prepaid by the seller, f.o.b. various locations throughout Pasco County. No additional charges will be allowed for packing, packages, or partial delivery costs. By submitting their bids, all bidders certify and warrant that the price offered for f.o.b. destination includes only the actual freight rate costs at the lowest and best rate and is based upon actual weight of the goods to be shipped. Standard commercial packaging, packing, and shipping containers shall be used, except as otherwise specified herein. Collect shipments will not be accepted. Shipments F.O.B. shipping point must be prepaid and included on invoice. Original shipping bill must be included with invoice.

UNSATISFACTORY WORK

If, at any time during the contract term, the service performed or work done by the Bidder is considered by Pasco County to create a condition that threatens the health, safety, or welfare of the community, the Bidder shall, on being notified by Pasco County, immediately correct such deficient service or work. In the event the Bidder fails, after notice, to correct the deficient service or work immediately, Pasco County shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Bidder.

Notwithstanding the above, Pasco County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the Bidder of the intention to cancel.

WARRANTIES

The Bidder agrees that the supplies and services furnished under this award shall be covered by the most favorable commercial warranties the Bidder gives to any customer for comparable quantities of such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County by any other provision of this award.

AS SPECIFIED

All items delivered must meet the specifications herein. Items delivered not as specified will be returned at no expense by the County. The County may return, for full credit, any unused items received which fail to meet the County’s performance standards. Replacement items meeting specifications must be submitted within a reasonable time after rejection of the non-conforming items.

If prices are higher than specified, do not ship without Purchasing Director's approval.

RESERVATION OF RIGHTS

None of the following shall have any effect or be enforceable against the Pasco County Board of County Commissioners or any of its officers, directors, employees or agents:

a. Requiring the application of the law of any state other than Florida in interpreting or enforcing the contract, or requiring that disputes be resolved in any jurisdiction other than Florida;

b. Requiring the County or any of its officers, directors, employees, or agents to indemnify or to hold harmless Vendor for any act or omission;

c. Requiring that the County waive any immunity to which it is entitled by law;

d. Requiring the County, which is tax exempt, be responsible for payment of any taxes, duties, or penalties; and

e. Requiring or stating that the terms and conditions on the vendor's standard form contract shall prevail over the terms of this solicitation in the event of conflict.

END OF REQUEST FOR QUOTES TERMS AND CONDITIONS