MONROE COUNTY

BOARD OF COUNTY COMMISSIONERS

REQUEST FOR PROPOSALS

FOR

COMPREHENSIVE BILLING SERVICES

FOR THE

FIRE & LIFE SAFETY INSPECTION PROGRAM

BOARD OF COUNTY COMMISSIONERS

Mayor Michelle Lincoln, District 2

Mayor Pro Tem David Rice, District 4 Commissioner Craig Cates, District 1

Commissioner James K. Scholl, District 3 Commissioner Holly Merrill Raschein, District 5

COUNTY ADMINISTRATOR

Christine Hurley

Clerk of the Circuit Court Fire Chief Kevin Madok R. L. Colina

July 2026

PREPARED BY:

Monroe County Fire Rescue

NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS

NOTICE IS HEREBY GIVEN that on Tuesday, September 1, 2026, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following:

COMPREHENSIVE BILLING SERVICES

FOR THE FIRE & LIFE SAFETY INSPECTION PROGRAM

MONROE COUNTY, FLORIDA

Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:

www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County’s electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids. The Public Record is available upon request. Monroe County Purchasing Department receives proposals via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids/proposals/responses.

Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.

The Monroe County Purchasing Department hereby directs that proposals be submitted via the Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com, before 3:00 P.M. on Tuesday, September 1, 2026.

There is no cost to the proposer to use the Bonfire platform and questions should be submitted using the Bonfire platform. Otherwise, questions regarding this RFP may be transmitted in writing to Zully Hemeyer c/o Monroe County Fire Rescue, 7280 Overseas Highway, Marathon, FL 33050, or Email: Hemeyer-Zully@monroecounty-fl.gov.

Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days from unsealing, whichever is earlier, unless the bids/proposals are rejected in accordance with F.S. § 119.071. If your proposal document includes financial information (not uploaded separately), that information will be considered public and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid/proposal amount on the Proposal Form and the bid/proposal amount entered in Bonfire, the bid/proposal amount listed in the “Proposal Form” provided by Monroe County in the RFP is the amount that will be utilized by the County when considering the bid/proposal. The County reserves the right to waive any bid/proposal irregularity.

The proposal opening for this solicitation will be held virtually, via the internet, at 3:00 P.M. on Tuesday, September 1, 2026. You may call in by phone or internet using the following:

Join Zoom Meeting https://mcbocc.zoom.us/j/4509326156

Meeting ID: 4509326156 One tap mobile:

+16465189805,,4509326156# US (New York) +16699006833,,4509326156# US (San Jose)

Dial by your location:

+1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose)

Publication Dates Keys Citizen: Thur., 07/30/2026 Keys Weekly: Thur., 07/30/2026 News Barometer: Fri., 07/31/2026 http://www.floridapublicnotices.com/ https://monroecounty-fl.bonfirehub.com/ http://www.monroecounty-fl.gov/BonfireBids https://monroecounty-fl.bonfirehub.com/ https://mcbocc.zoom.us/j/4509326156

REQUEST FOR PROPOSALS

FOR

COMPREHENSIVE BILLING SERVICES FOR THE

FIRE & LIFE SAFETY INSPECTION PRGORAM

MONROE COUNTY, FLORIDA

TABLE OF CONTENTS

SECTION PAGE

Part 1 – Scope of Services ……………………………………………………………….… 4

Part 2 – General Terms & Conditions ……………………………………………………... 8

Part 3 – Special Terms & Conditions; Mandatory Federal Clauses……………………….. 27

Part 4 – Requirements & Instructions for Submission of Proposals………………………. 40

Part 5 – Evaluation of Submissions & Contract Award…………………………………… 45

Part 6 – Required Forms…………………………………………………………………… 48

Part 7 – Sample Agreement………………………………………………………………… 67

“Attachment A – Monroe County Commission Resolution No. 234-2025………………... 77

Monroe County Fire Rescue Comprehensive Billing Services for the Fire & Life Safety Inspection Program

PART ONE – Scope of Services

1.1. Purpose and Intent

The purpose of this Request for Proposals (RFP) is to solicit the services of qualified Service Providers to perform comprehensive billing and collection services for fire and life safety inspections and re-inspections for all relevant types of occupancies, on behalf of Monroe County Fire Rescue (Fire Marshal’s Office), and to satisfy the requirements outlined Monroe County Purchasing Policy, current edition. These services do not include billing for building permit related inspections.

1.2. Background Information

Monroe County is the Southernmost County in the State of Florida. The County is also known as the Florida Keys, due to its separation from mainland Florida by a series of bridges. The County’s main roadway, U.S. Highway 1, has been designated the “Overseas Highway” by the Florida Department of Transportation (FDOT). Pursuant to Section 633.208, Fla. Stat., Florida Administrative Code Rule 69A-60.007, and the Monroe County Code of Ordinances, the County is vested with firesafety responsibilities over certain portions of the land located within the County, and flowing from those responsibilities is the requirement to enforcement the Florida Fire Prevention Code (FFPC). Such enforcement requires periodic or annual inspections of existing buildings or occupancies that are subject to the Florida Fire Prevention Code, as amended from time to time. There are a variety of buildings or occupancies that require annual inspections located primarily along the Overseas Highway covering a stretch of roughly 125 miles. Monroe County Fire Rescue (MCFR) conducts these fire and life safety inspections as part of its Fire & Life Safety Inspection Program, and requires comprehensive billing services, as further defined herein, to recover expenses associated therewith.

MCFR is a division of the Monroe County Emergency Services Department. Its primary mission is to plan for, respond to and mitigate the effects of all types of emergency situations, protecting life and property through rapid skillful responses, advanced medical care and proactive fire prevention. MCFR includes the Fire Marshal’s Office (FMO), and the FMO directly performs approximately 3,000 annual Fire & Life Safety inspections and re-inspections of the applicable buildings or occupancies, as required by the FFPC.

Monroe County seeks a qualified Service Provider to provide comprehensive billing and collection services, as more specifically described herein, for an initial period of three (3) years, with the option to renew for two (2) one (1) year extension terms, subject to the annual appropriation of the Board of County Commissioners of Monroe County, Florida.

1.3. Location Information

MCFR’s fire prevention efforts include the Fire and Life Safety Inspection Program. The Program is designed to periodically inspect buildings, occupancies, and properties in accordance with the County’s Code of Ordinances, and applicable state laws and regulations. For emergency response purposes, Monroe County has been separated into fire zones based on geography. For inspection purposes, MCFR conducts fire and life safety inspections of relevant and applicable buildings, occupancies, and properties within the fire zones for which the County holds firesafety responsibilities. The County’s firesafety responsibilities extends to, but is not necessarily limited to, the unincorporated areas of Monroe County (excluding areas governed by an independent special district defined in Special Law Chapter 2005-329, Laws of Florida), and also, within the City of Layton (pursuant to the municipal service taxing district created pursuant to Section 125.01(q), Fla. Stat., and codified within Section 22- 129, Monroe County Code).

1.4. Scope of Services

1.4.1. Qualifications

Providers interested in performing these services must meet all minimum qualifications described herein.

1.4.1.1. Service provider must be registered with the state of Florida, Division of Corporations, in order to conduct business in this state.

1.4.1.2. During the term of the contract, the awarded Contractor shall provide, pay for, and maintain insurance as described in this solicitation.

1.4.1.3. Provide a copy of current business license(s).

1.4.1.4. Provider must have a minimum of five (5) years of continuous experience in the field of billing and collection services.

1.4.1.5. Provider must have sufficient personnel available to immediately fulfill the scope of services items contemplated within this Request for Proposals.

1.4.1.6. Personnel devoted to these comprehensive billing and collection efforts (excluding litigation) shall be competent, qualified, and experienced to assure a vigorous collection effort, with a substantial likelihood of success. Personnel profiles should be submitted within the Proposal.

1.4.1.7. The awarded Contractor must have sufficient financial capacity, working capital, and other financial, technical, and management resources to perform the contract.

1.4.2. Itemized Deliverables

1.4.2.1. Workflow (In Concept; subject to change depending on the needs of the County):

Minimum Expectations re: Billing/Collection Process Timeline (business days) Inspection made by FMO, inspection fee assigned by MCFR Inspection Event (Date of Inspection) List of inspections, addresses, owner/responsible party names & information transmitted from MCFR to Provider

Monthly basis (date of cycle to commence as directed in writing by MCFR)

Provider Confirms Receipt [acknowledged in writing] Within 2 days of receipt Provider Generates Initial Invoice for each Inspection Event;

Must be sent via email and regular mail to owner / responsible party; Invoice indicates “Due Upon Receipt” and will be delinquent upon the 45th day after the Date of Inspection Within 5 days from Confirmation (above) Provider Generates Overdue Invoice Notice/Letter (2nd Attempt following Initial Invoice); must be sent via email;

and may also be sent via regular mail (at Provider’s option)

Approximately 30 days (from Date of Initial Invoice)

Provider Initiates Phone Call to owner / responsible party, and documents contact for recordkeeping purposes

Approximately 45 days (from Date of Initial Invoice)

Provider Generates Final Overdue Invoice Notice/Letter (3rd Attempt following Initial Invoice); must be sent via email;

and may also be sent via regular mail (at Provider’s option)

Approximately 60 days (from Date of Initial Invoice)

1.4.2.2. The awarded Contractor must be prepared to render services that include the following:

a. On a monthly basis, Monroe County Fire Rescue (MCFR) will provide a list of properties that were inspected by the Fire Marshal’s Office. The list will include the corresponding inspection fees, and other pertinent data related to the property, such as type of occupancy and ownership/tenancy (responsible party) information, for purposes of billing. The Provider will invoice said occupancy’s responsible party within five (5) business days.

b. Provider agrees to invoice the responsible party on MCFR’s behalf for the Fire & Life Safety Annual inspection(s) services (and any applicable re-inspection services) rendered by MCFR. MCFR’s current inspection fee schedule is listed within the Monroe County Resolution No. 234-2025, attached hereto and incorporated herein as “ATTACHMENT A.” The fees imposed upon the inspected property/address is subject to change, and may be amended from time to time by the Board of County Commissioners through the adoption of an updated or new resolution setting forth an amended fee schedule. MCFR will provide notice to Provider of any changes to its adopted fee schedule, as applicable.

c. MCFR will review prior to implementation, and reserves all rights to edit, any and all template email and printed correspondence bearing the County’s name, all formats or templates of invoices and billing statements, and all template collection notices, and telephone scripts used by the Provider for collection of accounts. With regard to the use of the County’s Official Seal, Section 2-29(b), Monroe County Code states, “Any use of the county seal by anyone other than a county official or employee in the course of performing their official duties requires express approval by the board of county commissioners. It shall be the policy of the board of county commissioners of Monroe County that requests for use of the county seal may be brought by county staff before the board of county commissioners in a public meeting agenda item only if the proposed use is in connection with events or programs of environmental concern and related to issues on which the board of county commissioners has already undertaken some initiative, such as the creation of an advisory committee or implementation of a related program. The manufacture, use, display, or other employment of any facsimile or reproduction of the county seal, except by county officials or employees in the performance of their official duties, without the express approval of the board of county commissioners is prohibited.”

d. MCFR, in coordination with the Monroe County Clerk and Comptroller, has set up a lockbox for purposes of receiving payments tendered by check. Provider shall send invoices for inspection services requesting payment to be either mailed

MCFR transmits to Provider account satisfaction/payment confirmation on a routine basis; Provider Generates Report showing all accounts in a “delinquent status” or “unpaid status” as of the 90th day from the Date of Inspection

Approximately 90 days (from Date of Initial Invoice)

Provider to tender to MCFR Status Reports identifying invoices sent/dates, amount billed, reconciliation reports for amounts received, outstanding invoices, and corresponding number of days outstanding; etc.

Monthly basis (date of cycle to commence as directed in writing by MCFR) directly to the lockbox; or for any credit card payments, invoices must provide directions to call Monroe County Fire Rescue at 305-289-6005 for credit card processing. All correspondence (invoicing, etc.) shall note the credit card processing fee of three percent (3%), or as otherwise directed in writing by MCFR.

Monroe County reserves the right to modify the payment instructions from time to time.

e. Provider agrees to submit reports of its monthly activities with the Provider’s monthly invoice for its services rendered. This report shall include the status of all invoices and provide an accounting of all payments received in arrears, for the prior month. The monthly transmittal shall include an electronic file listing all accounts with its corresponding status, and any additional information requested by MCFR.

f. Proposer must provide a fixed cost per invoice for each inspection event. The fixed cost fee proposal must encompass the entire scope of services requested, meaning that the pricing provided must be all inclusive.

g. Service Provider must not deposit nor take custody of cash, electronic funds, or financial instruments tendered for purposes of payment of the inspection fees owed to the County.

h. Provider must not initiate any lawsuit(s) without the express written permission, obtained in advance, by the Board of County Commissioners and after consultation with the County Attorney.

i. Payments to Contractor for services to the County will be made in arrears and upon receipt of verified service entries and deliverables described herein.

1.4.3. Minimum Reporting, Audit, and Compliance Requirements

1.4.3.1. The Service Provider must comply with all applicable reporting, audit, record retention, and performance requirements established within the contractual requirements, and this Request for Proposals.

1.4.3.2. Contractor must retain all financial records, supporting documents, statistical records, and any other documents pertinent to an ensuing Agreement for a period of five

(5) years after termination of an ensuing Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five (5) years, the records shall be retained until resolution of the audit findings. The Service Provider shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the Monroe County Administrator or an ensuing Agreement.

1.4.3.3. The Monroe County Clerk of Courts shall have full access to and the right to examine any of the records and documents during the retention period.

PART TWO – General Terms and Conditions

THESE INSTRUCTIONS ARE STANDARD. MONROE COUNTY RESERVES THE RIGHT TO DELETE,

SUPERSEDE, OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR

CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS. ANY AND

ALL SPECIAL TERMS AND CONDITIONS THAT MAY VARY FROM THE GENERAL TERMS AND

CONDITIONS SHALL HAVE PRECEDENCE. BIDDER/PROPOSER AGREES THAT THE PROVISIONS

INCLUDED WITHIN THIS INVITATION FOR BIDS/REQUEST FOR PROPOSALS SHALL PREVAIL OVER

ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE

BIDDER/PROPOSER REGARDLESS OF ANY LANGUAGE IN BIDDER’S/PROPOSER’S CONTRACT TO

THE CONTRARY.

2.1. Defined Terms

Terms used in this contract document are defined and have the meaning assigned to them. The County will use the following definitions in its general terms and conditions, special terms and conditions, technical specifications, instructions to respondents, addenda, and any other documents used in the solicitation process.

The terms may be used interchangeably by the County: IFB , RFP or RFQ, Bid or Proposal. The terms may be used interchangeably by the County: Bidder, Proposer, Vendor, Seller, Consultant, or Respondent. The terms may be used interchangeably by the County: Contract, Award, Agreement, or Purchase Order, unless the context dictates otherwise.

Bid: A price and terms proposal/quote received in response to an IFB or RFP or RFQ; this will be treated as an offer to enter into a contract.

Bidder: Person or firm submitting a bid directly to the County as distinct from a sub-contractor, who submits a bid to the Bidder. This term may be used interchangeably with Provider, Proposer, or Respondent unless the context dictates otherwise.

Contractor: Any person or firm having a contract with the county.

County: Refers to Monroe County, Florida, a political subdivision of the State of Florida, or any of its authorized representatives pursuant to ordinance, resolution, or administrative code.

Change Order: A written signed and approved document by the Board of County Commissioner, County Administrator, or other designee ordering a change in the contract price or contract time or a material change in work.

Contract: A written agreement between two or more competent parties to perform or not perform a specific act or acts. Any type of agreement regardless of what it is called for the procurement or disposal of supplies, services or construction.

Contract Manager: The County will designate a Contract Manager whose principle duties shall be liaison with awarded Proposer, coordinate all work under the contract, assure consistency and quality of awarded Proposer’s performance, and schedule and conduct performance evaluations, and review and route for approval all invoices for work performed or items delivered.

Highest Ranked Proposer: That Proposer, responding to a County RFP or RFQ, whose proposal is deemed by the County, the most advantageous to the County after applying the evaluation criteria contained in the RFP or RFQ. Interchangeable with Successful Bidder.

Proposer: Person or firm submitting a proposal. This term may be used interchangeably with Provider, Respondent, or Bidder, unless the context dictates otherwise.

Proposal: An executed formal document submitted to the county stating the goods and/or services offered to satisfy the need as requested in the request for proposal.

Request for Proposals (RFP): A solicitation of the responses for prices and terms for procurement of goods and/or services for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined by the County. Evaluation of a proposal is based on prior established criteria which may include but may or may not be totally limited to price.

Responsible bidder: An individual or business which has submitted a bid, offer, proposal, quotation, or response which, as determined by the County, has the capability in all respects to perform fully the contract requirements and the experience, integrity, reliability and capacity, facilities, equipment and credit which give reasonable assurance of good faith and performance. The County may also consider and give weight to the bidder's previous conduct and performance under previous contracts with the County and other agencies (including but not limited to delinquency), and determine the quality of the bidder's previous work.

Responsive bidder: An individual or business which had submitted a bid, offer, proposal, quotation or response which, as determined by the County, conforms in all material respects to the solicitation which may include but is not limited to pricing, surety, insurance, specifications of the goods or services requested or any other matter unequivocally stated in the invitation for bids as a determinant of responsiveness. A lack of conformity in these matters which is non-substantive in nature may be considered a technicality or irregularity which may be waived by the County Commission.

Successful Bidder: means the best, qualified, responsible and responsive Bidder to whom the County (on the basis of County's evaluation as hereinafter provided) makes an award. Interchangeable with Highest Ranked Proposer.

2.2. Bid/Proposal Forms

2.2.1. Solicitations downloaded from Bonfire, the County’s electronic bidding system, shall not contain any alteration to the document posted other than entering data in spaces provided or including attachments as necessary. By submission of a response, Bidder affirms that no alteration of any kind has been made to this solicitation.

2.2.2. To the extent the Bidder has provided any variance or exceptions, the Bidder must indicate any variance or exceptions to the bid documents no matter how slight. Deviations should be explained in detail.

Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect.

2.2.3. The bid forms must be used by the Bidder. Failure to do so may cause the bid to be rejected. The forms shall be submitted in good order and all blanks must be completed, as applicable.

2.2.4. The bid forms shall be signed by one duly authorized to do so and in cases where the bid is signed by a deputy or subordinate, the principal’s proper written authority to such deputy or subordinate must accompany the bid.

2.2.5. Bids by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign.

2.2.6. Bids by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature.

2.3. Sub-Contractors

2.3.1. Sub-Contractors Terms

The Respondent agrees to bind specifically every sub-contractor to the applicable terms and conditions of the contract documents for the benefit of the County.

2.3.2. Sub-Contractors Agreement

All work performed for the Respondent by a sub-contractor shall be pursuant to an appropriate agreement between the Respondent and the sub-contractor.

2.4. Qualifications of Bidders/Respondents

2.4.1. Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The County reserves the right to inspect the Bidder’s facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder’s ability to perform. The Procurement Official reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.

2.4.2. No bid will be accepted from, nor will any contract be awarded to any person who is in arrears to the County, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to County, or who is deemed irresponsible or unreliable by the County.

2.4.3. As part of the bid evaluation process, County may conduct a background investigation including a record check by the County. Bidder’s submission of a bid constitutes acknowledgment of the process and consent to such investigation. County shall be the sole judge in determining Bidder’s qualifications and eligibility to bid.

2.4.4. As part of the bid evaluation process, the County may conduct an investigation of references, including a record check and/or consumer affairs complaints. Bidder’s submission of a bid constitutes acknowledgment of the process and consent to investigate. The County is the sole judge in determining Bidders qualifications and eligibility to bid.

2.5. Costs Incurred by Bidders

All expenses involved with the preparation/and or presentation and submission of bids to the County, or any work performed in connection therewith, shall be the sole responsibility of the Bidder(s) and shall not be reimbursed by the County.

2.6. Permits, Fees, Certificates, and Notices (If Applicable)

2.6.1. All county, state or federal fees and permits shall be applied for and paid by the Bidder as necessary.

Bidder must provide County with copy(s) of valid licensing by County or other governmental agency for this type of work, if applicable.

2.6.2. It is the Bidder’s responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration (if required) for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors) working on the project for whom a Certificate of Competency is required.

2.7. Penalties for Misrepresentation

Any material misrepresentation in the Respondent’s response could result in rejection of Bid, termination of the Agreement, or any other appropriate administrative sanctions and/or legal actions. Mandatory disclosure pursuant to Section 2-347(h), Monroe County Code of Ordinances: If any information furnished by a bidder/proposer is false, misleading or omits relevant facts, and same is discovered after the contract is awarded, the Board of County Commissioners may, in its discretion, terminate the contract with no liability to the County other than to pay the contract price or unit price for work that is satisfactorily completed and useful to the County up to the date of the meeting of the Board of County Commissioners terminating the contract. Additionally, Bidder agrees that if a contract is awarded in violation of Section 2-347 of the Monroe County Code, as determined by a court of competent jurisdiction, the Contractor is not entitled to, and may not receive, any payment whether based on the contract price or based on quantum merit for work performed as set forth in Section 2-347(c), Monroe County Code of Ordinances.

2.8. Restriction on Disclosure and Use of Data

All proposals received by the County will become the sole property of the County. Confidential financial information obtained by the County from a Bidder is exempt from public disclosure to the extent allowed by law.

2.9. Exceptions to the Bid

Respondents/Bidders must clearly indicate any exceptions they wish to take to any of the terms in this bid, and outline what alternative is being offered. Respondents/Bidders must seek an exception or exceptions during the Request for Information or Question Period outlined in this RFP/IFB. The County, at its sole and absolute discretion, may accept or reject the exceptions via duly issued Addenda, shared with all potential proposers via the Bonfire Bidding portal. In cases where exceptions are rejected, the County may require the Bidder to furnish the services or goods as originally described, or set forth an alternative that is acceptable to the County requirements. Any and all acceptable exceptions raised by potential respondents will be memorialized as part of the RFP via Addendum. If an exception is sought within the time limits established by this paragraph, and the County does not address it via a duly-issued addendum (County is silent as to the exception), then same will be interpreted as the County’s rejection of the exception.

2.10. Specifications

2.10.1. The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement.

2.10.2. For the purpose of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect.

2.10.3. Any manufacturers’ names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Bidder may offer any brand which meets or exceeds the Specifications for any item(s). If bids are based on equivalent products, indicate on the Bid Form the manufacturer’s name and catalog number. Bidder shall submit with his bid complete and descriptive literature and/or specifications. The Bidder should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the Specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the County. If Bidder fails to name a substitute, it will be assumed that Bidder is bidding on and will be required to furnish commodities identical to bid standards.

2.10.4. If the model number for the make specified in the bid document is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bid form. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the County to determine if the model provided meets the County’s requirements.

2.11. Addendum

2.11.1. If the Bidder should be in doubt as to the meaning of any of the bid documents, or is of the opinion that the plans, scope of work, and/or specifications herein contain errors, contradictions or reflect omissions, Bidder shall submit a written request submitted via Bonfire, or directed to the County’s designated Contact Person(s) designed herein, to be forwarded to the appropriate person or department for interpretations or clarification. Interpretations or clarifications deemed necessary in response to such questions will be issued on official addendum posted via Bonfire.

2.11.2. The issuance of written addendum is the only official method whereby interpretation, clarification, changes or additional information can be given in relation to the Solicitation. If any addendum is issued, the County will attempt to notify all known prospective Bidders via posting such addendum on Bonfire. It is the Bidder’s responsibility to check Bonfire, the County’s electronic bidding system, prior to the bid submittal deadline to ensure that the Bidder has a complete, up-to-date package, including all addenda.

2.11.3. No oral interpretations will be made to any Bidder as to the meaning of the these documents or contract documents. Any inquiry or request for interpretation received in writing ten (10) or more business days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, shall be posted on Bonfire no later than five (5) business days prior to the established Response opening date.

2.12. Prices Bid

2.12.1. Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extension or totals, unit amounts shall govern.

2.12.2. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

2.12.3. All applicable discounts shall be included in the bid price for materials and services and will be considered as determining factors in recommending an award in case of tie bids. Discounts extended to County shall include but not be limited to those discounts normally extended to governmental agencies as well as the private sector.

2.12.4. Chain discounts are not acceptable and will not be considered in determining an award. Bidders may bid only one (1) discount for each item on the bid form. Firm discounts and prices are to be quoted for the term of the contract.

2.12.5. Bidder warrants by virtue of bidding that prices, terms and conditions in the bid will be firm for acceptance for a period of ninety (90) calendar days from the date of bid opening unless otherwise stated by the County.

2.12.6. As applicable, all prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder own goods in transit and files any claims), unless otherwise stated in Special Conditions.

2.13. Examination of Bid Documents

2.13.1. Before submitting a bid, each Bidder must (a) examine the bid documents thoroughly; (b) consider federal, state, county, and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; (c) study and carefully correlate Bidder’s observations with the bid documents, and (d) notify the County via Bonfire, or the County’s designated Contact Person(s), of all conflicts, errors, and discrepancies in the bid documents. Failure to familiarize himself/herself with applicable laws or obligations required hereunder will in no way relieve him/her from responsibility.

2.13.2. The submission of a bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the bid document, that without exception, the bid is premised upon performing the services and/or furnishing the commodities and materials and such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid documents, and that the bid documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services.

2.14. Modification and Withdrawal of Bids

Prior to the due date, proposals may be retracted from Bonfire, the County’s electronic bidding system.

Retracting a response allows the Proposer to change all or part of the response that was previously submitted. Withdrawal of a proposal will not prejudice the rights of a Proposer to submit a new proposal prior to the proposal opening date and time. No proposal may be withdrawn or modified after the submission deadline has passed, except as authorized under specific circumstances (i.e. filing of a supplement to cure a slight or immaterial deviation as determined by the County Commission in its sole discretion, etc.). A Bidder may not withdraw his bid before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw his bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the County’s designated Contact Person(s) prior to award of contract by the Monroe County Board of County Commissioners. If within twenty-four (24) hours after proposals are opened, and Proposer files a written notice with the County’s designated Contact Person(s), stating sufficient grounds to withdraw its proposal, the County OMB Director, may allow withdrawal of proposal based on the following equitable factors: 1) the bidder acted in good faith in submitting the bid; 2) in preparing the bid there was an error of such magnitude that enforcement of the bid would cause a severe hardship upon the bidder; and 3) the error was not a result of gross negligence or willful inattention.

2.15. Submission and Receipt of Bids

To receive consideration, bids must be uploaded as of the due date and time. Unless otherwise specified, Bidders should use the bid forms provided in the bid document. Any erasures or corrections on the bid must be initialed by Bidder. All information submitted by the Bidder shall be printed, typewritten or filled in with legible pen and ink before electronic submission. Bids will be opened at a duly noticed public hearing. Bidders and the public are invited and encouraged to attend bid openings, but are not required.

Bids will be tabulated and made available on the Electronic Bidding System for review by Bidders and the public in accordance with applicable regulations.

2.16. Review of Proposals for Responsiveness

Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in this RFP. A responsive proposal is one which conforms in all material respects to the request to bid or request for proposals. Failure to comply with these requirements may result in a proposal being deemed non-responsive.

2.17. Selection Process

The Selection Committee will evaluate all responsive proposals based upon the information and references contained in the proposals as submitted. The highest ranked Proposer resulting from this process will be recommended to the County Commission for award. The recommended Proposer may be required to appear before the County Commission to answer questions for contract award. In certain cases, as specifically outlined in the solicitation, the County, in its sole discretion, may award two (2) contracts with the primary contract being awarded to the highest ranked responsive/responsible respondent and a back-up contract being awarded to the second highest ranked responsive/responsible respondent. At the county’s sole discretion, the County may also choose to award just one (1) contract to the highest ranked responsive/responsible respondent without the need for a back-up contract.

2.18. Award of Contract

2.18.1. If the contract is to be awarded, it will be awarded to the most responsible and responsive Bidder for the bid whose evaluation by County indicates to County that the award will be in the best interest of the County and not necessarily to the lowest Bidder (unless the solicitation is an Invitation For Bid (IFB or ITB)).

2.18.2. Criteria utilized by County for determining the most responsive Bidder includes, but is not limited to, the following:

(a) Ability of Bidder to meet published specifications.

(b) Bidder’s experience and references including, but not limited to, the reputation, integrity, character, efficiency, experience, skill, ability, and business judgment of the Bidder, the quality of performance of Bidder under previous contracts, any subcontractors and other persons providing labor or materials to Bidder.

(c) Bidder’s qualifications and capabilities, including but not limited to, the size, financial history, strength and stability of the business to perform the work of the contract, the possession of necessary facilities and equipment and the quality, availability and adaptability thereof to the particular use(s) required.

(d) Whether Bidder can perform the contract promptly or with the time specified without delay or interference.

(e) Previous and existing compliance by Bidder with laws, ordinances, and regulations relating to the commodities or services.

(f) And all other provisions outlining proposal metrics contained herein.

2.19. Entering into a Contract.

If applicable, the Bidder to whom award is made shall execute a written contract prior to award by the County Commission. If the Bidder to whom the first award is made fails to enter into a contract as herein provided, the contract may be let to the next ranked Bidder who is responsible and responsive in the opinion of the County.

2.20. Contractual Agreement

The terms, conditions, and provisions in the bid document shall be included and incorporated in the final contract. The order of precedence will be contract, bid document and response, and general industry standards. Any and all legal action necessary to enforce a contract will be interpreted according to the laws of Florida.

2.21. Acceptance or Rejection of Bids

2.21.1. The County reserves the right to reject the bid of any Bidder if the County believes that it would not be in the best interest of the County to make an award to that Bidder, whether because the bid is not responsive or the Bidder is unqualified or fails to meet any other pertinent standard or criteria established by the County.

2.21.2. The Monroe County Board of County Commissioners reserves the right to waive formalities in any bid and further reserves the right to take any other action that may be necessary in the best interest of the County. The County further reserves the right to reject any or all bids, with or without cause, to waive technical errors and informalities or to accept the bid which in its judgment, best serves Monroe County, Florida.

2.22. Protest Process

Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney’s Office within seventy-two (72) hours or three (3) business days, whichever is greater, after the posting of the notice of decision or intended decision on the electronic bidding platform or posting of the Notice of Award or Intended Decision on the Monroe County Board of County Commissioners’ (“BOCC”) agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney’s Office seventy-two (72) hours or three (3) business days prior to the BOCC’s meeting date in which the award of contract by the BOCC will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. The BOCC is sitting in its executive capacity reviewing any matter related to the contract award and bid protest. No quasi-judicial hearing will be held. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission.

The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times and in the manner prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so.

2.23. Taxes

The Monroe County is exempt from all Federal Excise and Florida Sales Taxes on direct purchase of tangible property. An exemption certificate will be provided where applicable upon request. Respondents doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall a Respondent be authorized to use the County’s Tax Exemption Number in securing such materials.

2.24. Estimated Quantities/Warranties of Usage

No warranty is given or implied by the County as to any components listed in the bid document and are considered to be estimates for the purpose of information only. The County reserves the right to accept all or any part of the bid and to increase or decrease quantities of Bidder’s bid to meet additional or reduced requirements of the County.

2.25. Samples, Inspection, and Demonstrations

Samples or inspection of products, vehicles, or equipment may be requested to determine suitability. Unless otherwise specified in the Special Terms and Conditions, samples/inspection may be requested after the date of bid opening, and if requested must be coordinated through the County’s designated Contact Person within seven (7) working days of request. Samples/Inspections, when requested, must be furnished free of expense to the County and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder’s expense, if applicable. When required, the County may request full demonstrations of product, vehicles, or equipment (units) prior to award. When such demonstrations are requested, the Bidder shall respond promptly and must coordinate a convenient location for such demonstration through the County’s designated Contact Person within seven (7) working days of request. Failure to provide samples, inspections, or demonstrations as specified by the County may result in rejection of a bid.

2.26. Service Delivery

Time is of the essence for any services, orders placed, or deliverable required by the County as a result of this bid document, and any ensuing contract. The County reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the County.

2.27. Verbal Instructions Procedure

No negotiations, decisions, or actions shall be initiated or executed by the Respondent as a result of any discussions with any member of the County Commission or its Staff, all other County employees, and any non-employee appointed to evaluate or recommend selection in the procurement process. Only those written communications which are assigned by a person designated as authorized to bind the Respondent, will be recognized by the County as duly authorized expressions on behalf of Respondent.

2.28. Cancellation for Unappropriated Funds

The obligation of the County for payment to a Respondent is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.

2.29. Independent Contractor

The Respondent is an independent contractor under any future agreement borne of this solicitation. Services provided by the Bidder shall be by employees of the Respondent and subject to supervision by the

Respondent, and not as officers, employees, or agents of the County. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in the bid document, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Respondent.

2.30. Job Site Safety

2.30.1. The Successful Proposer shall be solely and completely responsible for conditions of the job site, including safety of all persons (including its own employees and County employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), Florida Department of Labor (DOL), and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Successful Proposers failure to thoroughly familiarize himself/herself with the aforementioned safety provisions shall not relieve him/her from compliance with the obligations and penalties set forth therein.

2.30.2. The County reserves the right, but is not obligated to make safety inspections at any time the Successful Proposer is on County property and to ensure safety rules are not being violated.

2.31. Indemnity/Hold Harmless

2.31.1. By submitting its Proposal, Respondent agrees that one percent (1%) of the total compensation paid to Respondent for the work or services solicited hereunder constitutes specific consideration to Respondent for the indemnification to be provided hereunder. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Solicitation, the Respondent shall defend, indemnify, and hold the County, and the County’s elected and appointed officers and employees, harmless from and against any claims, actions or causes of action, any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason…