23-0091-ITB-REVENUE_Invitation_to_Bid.pdf

23-0091-ITB-REVENUE

Sale of Scrap Metal Page 1 of 31

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS

400 S. FT. HARRISON AVENUE

ANNEX BUILDING – 6TH FLOOR

CLEARWATER, FL 33756

INVITATION TO BID

ITB – SALE OF REAL, SURPLUS PROPERTY OR REVENUE

SUBMITTALS ARE OPENED PUBLICLY AND

ARE ACCEPTED VIA OPENGOV

THE MISSION OF PINELLAS COUNTY

Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow.

ISSUE DATE: Monday, November 28, 2022

SOLICITATION NUMBER: 22-0091-ITB-REVENUE

SOLICITATION TITLE: Sale of Scrap Metal

DEADLINE FOR WRITTEN QUESTIONS: Wednesday, December 07, 2022 by 3:00 PM Eastern Time

SUBMIT QUESTIONS: ALL QUESTIONS MUST BE SUBMITTED IN OPENGOV WITHIN THE Q&A - SECTION.

ALL SUBMITTALS ARE DUE BY: Thursday, December 15, 2022 by 3:00 PM Eastern Time

PRE-CONFERENCE INFORMATION: NOT APPLICABLE

SITE VISIT INFORMATION: NOT APPLICABLE

SOLICITATION CONTACT INFORMATION:

NAME: Gayle May

EMAIL: gmay@pinellascounty.org

SUBMITTALS MAY NOT BE WITHDRAWN FOR 120 DAYS AFTER OPENING DATE.

The Purchasing and Risk Management Division for the Pinellas County Board of County Commissioners has transitioned to OpenGov Procurement for contractor/vendor registration, and for posting, submitting and receiving bids, quotes and proposals for active solicitations. Contractors/Vendors must register with OpenGov Procurement (https://procurement.opengov.com/signup) to bid on active County solicitations.

Should you need technical assistance with OpenGov, the following options are available for assistance:

Phone: (855) 680-4747, 8 a.m. to 8 p.m., Monday - Friday

Email: procurement-support@opengov.com

Chat is available in the OpenGov application

Web: https://help.procurement.opengov.com

Sale of Scrap Metal Page 2 of 31

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

Please Note:

From time to time, addenda may be issued to this solicitation. Any such addenda will be posted on the same Web site, www.pinellascounty.org/purchase/Current_Bids1.htm , from which you obtained this solicitation.

Before submitting, you should check our Web site to download any addenda that may have been issued. Please remember to sign and return Addenda Acknowledgement Form with completed bid package if applicable.

AUTHORIZED BY:

Merry Celeste, CPPB

Division Director of Purchasing and Risk Management

Sale of Scrap Metal Page 3 of 31

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

VENDORS MUST COMPLETE THE FOLLOWING

VENDORS ARE CAUTIONED THAT THE POLICY OF THE BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY, IS TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE SUBMITTAL RECEIVED MEETING SPECIFICATIONS. NO CHANGES REQUESTED BY A VENDOR DUE TO AN ERROR IN PRICING WILL BE CONSIDERED AFTER THE SOLICITATION OPENING DATE AS ADVERTISED. BY SIGNING THIS SUBMITTAL FORM, VENDORS ARE ATTESTING TO THEIR AWARENESS OF THIS POLICY AND ARE AGREEING TO ALL OTHER SOLICITATION TERMS AND CONDITIONS, INCLUDING ANY INSURANCE REQUIREMENTS CONTAINED

HEREIN.

VENDOR NAME: ______________________________________________ (As shown on W-9)

DBA: ______________________________________________ (If applicable)

MAILING ADDRESS: ______________________________________________ (As shown on W-9)

CITY / STATE / ZIP: ______________________________________________ (As shown on W-9)

VENDOR EMAIL: ______________________________________________ (Primary Company Email Address)

REMIT TO NAME: ______________________________________________ (As Shown on Vendor Invoice)

FEIN#: ______________________________________________ (As shown on W-9)

PAYMENT TERMS: ____% ___DAYS, NET 45 (PER F.S. 218.73)

DEPOSIT, IF REQUIRED, IS ATTACHED IN THE AMOUNT OF $ _____________

Proper Corporate Identity is needed when you submit your quote, especially how your firm is registered with the Florida Division of Corporations. Please visit dos.myflorida.com/sunbiz/ for this information. It is essential to return a copy of your W-9 with your quote. Thank you.

VENDOR CONTACT INFORMATION

CONTACT NAME: _______________________

PHONE NUMBER: _______________________

FAX NUMBER: _______________________

EMAIL ADDRESS: _______________________

I HEREBY AGREE TO ABIDE BY ALL CONDITIONS OF THIS SOLICITATION, INCLUDING ALL INSURANCE REQUIREMENTS, AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS SOLICITATION FOR THE VENDOR.

AUTHORIZED SIGNATURE: _______________________

PRINT NAME: _______________________

TITLE: _______________________

SEE SECTION F FOR PRICING SUMMARY

THIS FORM MUST BE RETURNED WITH YOUR RESPONSE

Sale of Scrap Metal Page 4 of 31

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A - GENERAL CONDITIONS

1. PREPARATION OF SUBMITTAL

2. VENDOR SUBMISSION

3. ALTERNATES

4. REJECTION OF SUBMISSION

5. WITHDRAWAL OF SUBMITTAL

6. LATE SUBMISSION OR MODIFICATIONS

7. PUBLIC REVIEW AT OPENING

8. TABULATION INQUIRIES

9. AWARD OF CONTRACT

10. SUBMITTALS FROM RELATED PARTIES OR MULTIPLE SUBMITTALS RECEIVED FROM ONE VENDOR 7

11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS

12. COLLUSION

13. STATEMENT RELATIVE TO "PUBLIC ENTITY CRIMES"

14. VARIANCE FROM STANDARD TERMS & CONDITIONS

15. ADA REQUIREMENT FOR PUBLIC NOTICES

16. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS

17. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS

18. EXCEPTIONS

19. TERMINATION

20. CONFLICT OF INTEREST

21. INTEGRITY OF SOLICITATION DOCUMENTS

22. TAXES

23. PUBLIC RECORDS/TRADE SECRETS

24. LOBBYING

25. PROTEST PROCEDURE

26. PUBLIC RECORDS – CONTRACTOR’S DUTY

27. E-VERIFY

SECTION B – SPECIAL CONDITIONS

1. INTENT

2. QUANTITIES

3. PRICING/PERIOD OF CONTRACT

4. TERM EXTENSION(S) OF CONTRACT

5. SALE BASIS

6. CONTRACT

7. PERMITS AND LICENSES

8. PAYMENT TERMS

9. EQUAL OPPORTUNITY / GIFT & GRATUITY POLICY

10. SUBMISSION OF BIDS

11. BREACH OF CONTRACT

12. SECURITY REQUIREMENTS / BACKGROUND CHECKS

13. COVID REQUIREMENTS

14. METHOD OF PAYMENT

15. VENDOR'S GUARANTEE AGAINST NONPERFORMANCE:

SECTION C – INSURANCE REQUIREMENTS

1. LIMITATIONS ON LIABILITY

2. INDEMNIFICATION

3. INSURANCE:

SECTION D – CONTRACTOR REFERENCES

SECTION E – SPECIFICATIONS

2. CONDITIONS OF SALE

3. CONDITION OF MATERIAL

4. CONTAINER REQUIREMENTS

5. PICKUP REQUIREMENTS

6. MATERIAL REMOVAL REQUIREMENTS

7. PICK UP SITES/RECEIPTS

Sale of Scrap Metal Page 5 of 31

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

8. VENDOR REQUIREMENTS

9. SPECIAL REQUIREMENTS

SECTION F – BID SUMMARY

BID SUMMARY TABLE CAN BE FOUND IN THE ATTACHED EXCEL FILE “ 23-0091-ITB-REVENUE Section F - Bid Summary Table”

ELECTRONIC PAYMENT (EPAYABLES)

W-9 REQUEST FOR TAXPAYER ID NUMBER AND CERTIFICATION

SECTION G - ADDENDUM

SECTION H – STATEMENT OF NO BID

APPENDIX 1 – E-VERIFY AFFIDAVIT

Sale of Scrap Metal Page 6 of 31

SECTION A - GENERAL CONDITIONS

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

SECTION A - GENERAL CONDITIONS

1. PREPARATION OF SUBMITTAL

Submittal will be prepared in accordance with the following:

a. Submittals shall be uploaded on forms furnished, utilizing OpenGov procurement website. Failure to comply could result in the submission being rejected.

b. If price is factor, unit prices shall be shown and where there is an error in extension of price, the unit price shall govern.

c. Alternate submittals will not be considered unless authorized by the solicitation.

d. Proposed delivery time must be shown and shall include weekends and holidays.

e. Contractor is advised that exceptions to any terms and conditions contained in this solicitation or the agreement must be stated with specificity in its response to the solicitation as provided herein and in Section A, AGREEMENT. Contractor is deemed to have accepted and to be bound by the solicitation and agreement terms and conditions that contractor does not take exception to in its response. The County reserves the right to modify or add terms and conditions based upon the exceptions stated by the contractor, or to declare any terms and conditions non-negotiable, as determined by the County in its sole discretion.

f. Contractors shall thoroughly examine the drawings, specifications, schedule, instructions and/or all other solicitation documents.

g. Contractors shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the solicitation. Plea of ignorance by the contractor of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the contractor to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the solicitation documents, will not be accepted as a basis for varying the requirements of the County or the compensation to the contractor.

h. Contractors are advised that all County solicitations are subject to all legal requirements provided for in the Purchasing Ordinance and/or State and Federal Statutes.

2. VENDOR SUBMISSION

a. Submittals shall be uploaded utilizing OpenGov procurement website (https://secure.procurenow.com/portal/pinellasfl). Failure to comply could result in the submittal being rejected.

b. Submittals must be on the forms furnished. Submittals sent via email will not be considered.

3. ALTERNATES

Unless otherwise provided in the solicitation, alternatives may be included in the plans, specifications, and/or solicitation. When the County includes alternates in the solicitation, the contractor shall indicate on the submittal the cost of said alternate and sum to be deducted or added to the base pricing. Such alternates may or may not be accepted by the County. If approved, it is at the County’s discretion to accept said alternate(s) in any sequence or combination therein. If the contractor is proposing an alternate that is not provided in the solicitation, alternate(s) must be submitted within the OpenGov Q & A section prior to the question deadline, and receive approval prior to the solicitation opening date in order to be considered for award.

4. REJECTION OF SUBMISSION

a. The County may reject a submittal if:

1. The contractor incorrectly states or conceals any material fact in the solicitation.

2. The solicitation does not strictly conform to the law or requirements of solicitation including insurance requirements.

3. The solicitation is conditional, except that the contractor may qualify its submittal for acceptance by the County on an "all or none" basis, or a "low item" basis. An "all or none" basis submittal must include all items upon which the contractor was invited.

Sale of Scrap Metal Page 7 of 31

SECTION A - GENERAL CONDITIONS

b. The respective constitutional officer, County Administrator, on behalf of the Board of County Commissioners or within their delegated financial approval authority, or Director of Purchasing, within their delegated financial approval authority, shall have the authority when the public interest will be served thereby to reject all submittals or parts of submittals at any stage of the procurement process through the award of an agreement.

c. The County reserves the right to waive minor informalities or irregularities in any submittal.

5. WITHDRAWAL OF SUBMITTAL

The submittal may be withdrawn prior to the bid opening date, however, a submittal may not be withdrawn for a period of time as specified in this solicitation document.

6. LATE SUBMISSION OR MODIFICATIONS

a. Submittals and modifications received after the time set for the submission will not be considered. This upholds the integrity of the process.

b. Modifications in writing received prior to the time set for the submittal will be accepted.

7. PUBLIC REVIEW AT OPENING

Pursuant to Florida Statute, Section 119.071(1)(b)2, all submittals shall be subject to review as public records after 30-days from opening, or earlier if an intended decision is reached before the thirty-day period expires. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request. All trade secrets claims shall be dispositively determined by a court of law prior to trade secret protection being granted.

8. TABULATION INQUIRIES

Inquiries relating to the results of this solicitation, prior to the official award by the Pinellas County Board of County Commissioners may be made by visiting OpenGov or calling the Purchasing Office after 30 days to comply with Florida Statute, Section 119.071(1)(b)2.

9. AWARD OF CONTRACT

a. The contract will be awarded to the lowest responsive, responsible bidder whose bid, conforming to the Invitation to Bid, is most advantageous to Pinellas County, price and other factors considered. For Invitation to Bid for Sale of Real or Surplus Property, award will be made to the highest and most advantageous bid including price and other factors considered.

b. The County reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the bidder qualifies his bid by specified limitations. See Rejection of Bids.

c. If two or more bids received are for the same total amount or unit price or in the case of proposals, the qualifications, quality and service are equal then the contract shall be awarded by drawing lots in public.

d. Prices quoted must be FOB Pinellas County with all transportation charges prepaid unless otherwise specified in the Invitation to Bid.

e. A written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful bidder, shall result in a binding contract without further action by either party.

10. SUBMITTALS FROM RELATED PARTIES OR MULTIPLE SUBMITTALS RECEIVED FROM ONE VENDOR

Where two (2) or more related parties each upload a submittal, or multiple submittals are received from one (1) contractor, for any solicitation, such submittals shall be judged non-responsive. Related parties mean contractors or the principles thereof, which have a direct or indirect ownership interest in another contractor for the same solicitation or in which a parent company or the principles thereof of one (1) contractor have a direct or indirect ownership interest in another contractor for the same solicitation.

11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS

The laws of the State of Florida apply to any purchase made under this solicitation. contractors shall comply with all local, state, and federal directives, orders and laws as applicable to this solicitation and subsequent agreement(s) including but not limited to Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and OSHA as applicable to this agreement.

Sale of Scrap Metal Page 8 of 31

12. COLLUSION

The contractor, by affixing his signature to this proposal, agrees to the following: "Contractor certifies that its submittal is made without previous understanding, agreement, or connection with any person, firm or corporation making a submittal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action."

13. STATEMENT RELATIVE TO "PUBLIC ENTITY CRIMES"

Contractor is directed to the Florida Public Entity Crime Act, Fla. Stat. 287.133, and Fla. Stat. 287.135 regarding Scrutinized Companies, and contractor agrees that its submittal and, if awarded, its performance of the agreement will comply with all applicable laws including those referenced herein. contractor represents and certifies that contractor is and will at all times remain eligible to submit for and perform the services subject to the requirements of these, and other applicable, laws. contractor agrees that any agreement awarded to contractor will be subject to termination by the County if contractor fails to comply or to maintain such compliance.

14. VARIANCE FROM STANDARD TERMS & CONDITIONS

All standard terms and conditions stated in this section apply to this Agreement except as specifically stated in the subsequent sections of the document, which take precedence over this section, and should be fully understood by contractors prior to submitting on this requirement.

15. ADA REQUIREMENT FOR PUBLIC NOTICES

Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 727- 464-4062 (voice/tdd) fax 727-464-4157, not later than seven days prior to the proceeding.

16. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS

No oral interpretations will be made to any firms as to the meaning of specifications or any other contractor documents. All questions pertaining to the terms and conditions or scope of work of this solicitation must be sent in writing (electronically) to the Purchasing and Risk Management Division and received by the date specified in solicitation. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the solicitation. All such addenda shall become part of the agreement documents. The County will not be responsible for any other explanation or interpretation of the proposed solicitation made or given prior to the award of the agreement. The Purchasing and Risk Management Division will be unable to respond to questions received after the specified time frame.

17. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS

The contractor shall perform this agreement. If a contractor intends to subcontract a portion of this work, the contractor must disclose that intent in the solicitation. No assignment or subcontracting shall be allowed without prior written consent of the County. In the event of a corporate acquisition and/or merger, the contractor shall provide written notice to the County within thirty (30) business days of contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this agreement, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding an agreement to a contractor, which has disclosed its intent to assign or subcontract in its response to the solicitation, without exception shall constitute approval for purposes of this agreement. The contractor must inform the County in writing within forty-five (45) business days if the contractor’s business entity’s name changes. The contractor will bear all responsibility and waive any rights it may have to relief for any delay in processing a payment associated with the County’s inability to issue payment to the contractor for a business entity name change that the County was not made aware of as reflected herein.

18. EXCEPTIONS

Contractor is advised that if it wishes to take exception to any of the terms contained in this solicitation or the attached agreement it must identify the term and the exception in its response to the solicitation. Failure to do so may lead County to declare any such term non-negotiable. contractor's desire to take exception to a non-negotiable term will not disqualify it from consideration for award.

Sale of Scrap Metal Page 9 of 31

19. TERMINATION

a. Pinellas County reserves the right to terminate this agreement, without cause by giving thirty (30) days prior written notice to the Contractor of the intention to terminate or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified.

b. Failure of the Contractor to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the Agreement at the sole discretion of Pinellas County.

c. In addition to all other legal remedies available to the Pinellas County, the Pinellas County reserves the right to terminate and obtain from another source any services which have not been provided within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of request, as determined by the Pinellas County.

d. In the event that sufficient budgeted funds are not available for a new fiscal period, the Pinellas County shall notify the Contractor of such occurrence and the Agreement shall terminate on the last day of the then current fiscal year period without penalty or expense to the Pinellas County.

20. CONFLICT OF INTEREST

a. The contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The contractor further represents that no person having any such interest shall be employed during the agreement term and any extensions. In addition, the contractor shall not offer gifts or gratuities to County employees as County employees are not permitted to accept gifts or gratuities. By signing this document, the contractor acknowledges that no gifts or gratuities have been offered to County employees or anyone else involved in this competitive solicitation process.

b. The contractor shall promptly notify the County’s representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the contractor’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the contractor.

The County agrees to notify the contractor of its opinion, by certified mail, within thirty days of receipt of notification by the contractor.

c. It is essential to government procurement that the process be open, equitable and ethical. To this end, if potential unethical practices including but not limited to collusion, receipt or solicitation of gifts and conflicts of interest (direct/indirect) etc. are observed or perceived, please report such activity to:

Pinellas County Clerk of Circuit Court – Division of Inspector General

Phone – (727) 45FRAUD (453-7283)

Fax – 727-464-8386

21. INTEGRITY OF SOLICITATION DOCUMENTS

Contractors shall use the original solicitation form(s) provided by the Purchasing & Risk Management Division and enter information only in the spaces where a response is requested. contractors may use an attachment as an addendum to the solicitation form(s) if sufficient space is not available on the original form for the contractor to enter a complete response. Any modifications or alterations to the original solicitation documents by the contractor, whether intentional or otherwise, will constitute grounds for rejection of a solicitation. Any such modifications or alterations a contractor wishes to propose must be clearly stated in the contractor’s submittal response and presented in the form of an addendum to the original solicitation documents.

22. TAXES

a. The County is exempt from all state and federal sales, use, transportation and excise taxes. The Laws of the State of Florida provide that sales and use taxes are payable by the contractor upon the tangible personal

Sale of Scrap Metal Page 10 of 31 property incorporated in the work and such taxes shall be paid by the contractor and be deemed to have been included in the solicitation.

b. Payments to Pinellas County are subject to applicable Florida taxes.

23. PUBLIC RECORDS/TRADE SECRETS

Pinellas County Government is subject to the Florida Public Records law (Chapter 119, Florida Statutes), and all documents, materials, and data submitted to any solicitation as part of the response are governed by the disclosure, exemption and confidentiality provisions relating to public records in Florida Statutes. Except for materials that are “trade secrets” or “confidential” as defined by applicable Florida law, ownership of all documents, materials, and data submitted in response to the solicitation shall belong exclusively to the County.

To the extent that contractor desires to maintain the confidentiality of materials that constitute trade secrets pursuant to Florida law, trade secret material submitted must be identified by some distinct method that the materials that constitute a trade secret, and contractor shall provide an additional copy of the contractors submittal that redacts all designated trade secrets. By submitting materials that are designated as trade secrets and signature of the contractor signature page, contractor acknowledges and agrees:

i. That after notice from the County that a public records request has been made for the materials designated as a trade secret, the contractor shall be solely responsible for defending its determination that submitted material is a trade secret that is not subject to disclosure at its sole cost, which action shall be taken immediately, but no later than ten (10) calendar days from the date of notification or contractor will be deemed to have waived the trade secret designation of the materials;

ii. That to the extent that the contractor with trade secret materials is evaluated, the County and it officials, employees, agents, and representatives in any way involved in processing, evaluating, negotiating agreement terms, approving any agreement based on the contractor, or engaging in any other activity relating to the competitive selection process are hereby granted full rights to access, view, consider, and discuss the materials designated as trade secrets through the final agreement award;

iii. To indemnify and hold the County, and its officials, employees, agents and representatives harmless from any actions, damages (including attorney’s fees and costs), or claims arising from or related to the designation of trade secrets by the contractor, including actions or claims arising from the County’s non-disclosure of the trade secret materials.

iv. That information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statutes and Pinellas County public record policies. contractor agrees prior to providing goods/services it will implement policies and procedures to maintain, produce, secure and retain public records in accordance with applicable laws, regulations, and County policies, which are subject to approval by the County, including but limited to the Section 119.0701, Florida Statutes.

Notwithstanding any other provision in the solicitation, the classification as trade secret of the entire submission document, line item and/or total contractor prices, the work, services, project, goods, and/or products to be provided by contractor, or any information, data, or materials that may be part of or incorporated into an agreement between the County and the contractor is not acceptable to the County and will result in a determination that the contractor submittal is nonresponsive; the classification as trade secret of any other portion of a submittal document may result in a determination that the submittal is nonresponsive.

24. LOBBYING

"Lobbying shall be prohibited on all county competitive selection processes and purchasing contract awards pursuant to this division, including, but not limited to, requests for proposals, requests for quotations, requests for qualifications, bids or the award of purchasing contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to the contract award, or the competitive selection process is otherwise concluded. However, nothing herein shall prohibit a prospective bidder/proposer/protestor from contacting the purchasing department or the county attorney's office to address situations such as clarification and/or pose questions related to the procurement process.

Lobbying of evaluation committee members, county government employees, elected/appointed officials, or advisory board members regarding requests for proposals, requests for quotations, requests for qualifications, bids, or

Sale of Scrap Metal Page 11 of 31 purchasing contracts, by the bidder/proposer, any member of the bidder's/proposer's staff, any agent or representative of the bidder/proposer, or any person employed by any legal entity affiliated with or representing a bidder/proposer/protestor, is strictly prohibited from the date of the advertisement, or on a date otherwise established by the board, until either an award is final, or the competitive selection process is otherwise concluded. Any lobbying activities in violation of this section by or on behalf of a bidder/proposer shall result in the disqualification or rejection of the proposal, quotation, statement of qualification, bid or contract.

For purposes of this provision, "lobbying" shall mean influencing or attempting to influence action or non-action, and/or attempting to obtain the goodwill of persons specified herein relating to the selection, ranking, or contract award in connection with any request for proposal, request for quotation, request for qualification, bid or purchasing contract through direct or indirect oral or written communication. The final award of a purchasing contract shall be the effective date of the purchasing contract.

Any evaluation committee member, county government employee, elected/appointed official, or advisory board member who has been lobbied shall immediately report the lobbying activity to the director."

(Ord. No. 02-35, 5-7-02; Ord. No. 04-64, § 12, 9-21-04; Ord. No. 04-87, § 1, 12-7-04; Ord. No. 10-09, § 6, 2-16-10;

Ord. No. 11-23, § 2, 7-26-11; Ord. No. 14-11, § 5, 2-11-14; Ord. No. 18-34, 10-23-18).

25. PROTEST PROCEDURE

As per Section 2-162 of County Code

a. Right to Protest. "A vendor who is aggrieved by the contents of the bid or proposal package, or a vendor who is aggrieved in connection with the recommended award on a bid or proposal solicitation, may file a written protest to the director, as provided herein. This right to protest is strictly limited to those procurements of goods and/or services solicited through invitations to bid or requests for proposals, including solicitations pursuant to F.S. § 287.055, the "Consultants' Competitive Negotiation Act." No other actions or recommendations in connection with a solicitation can be protested, including: (i) requests for quotations, negotiations, qualifications or letters of interest; (ii) rejection of some, all or parts of bids or proposals; (iii) disqualification of bidders or proposers as non-responsive or non-responsible; or (iv) recommended awards less than the mandatory bid or proposal amount.

Protests failing to comply with the provisions of this section shall not be reviewed."

b. "Posting. The purchasing department shall post the recommended award on or through the departmental website."

c. Requirements to protest.

1. "If the protest relates to the content of the bid or proposal package, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full business day after issuance of the bid or proposal package."

2. "If the protest relates to the recommended award of a bid or proposal, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full business day after posting of the award recommendation."

3. "The formal written protest shall identify the protesting party and the solicitation involved; include a statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances or other legal authorities which the protesting party deems applicable to such grounds; and specifically request the relief to which the protesting party deems itself entitled by application of such authorities to such grounds."

4. "A formal written protest is considered filed with the county when the purchasing department receives it.

Accordingly, a protest is not timely filed unless it is received within the time specified above by the purchasing department. Failure to file a formal written protest within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the bidder or proposer."

d. "Sole remedy. These procedures shall be the sole remedy for challenging the content of the bid or proposal package or the recommended award."

e. "Lobbying. Protestors and anyone acting on their behalf, are prohibited from attempts to influence, persuade, or promote a bid or proposal protest through any other channels or means, and contacting any county official, employee, advisory board member, or representative to discuss any matter relating in any way to the solicitation being protested, other than the purchasing department's or county attorney's office to address situations such as

Sale of Scrap Metal Page 12 of 31 clarification and/or pose questions related to the procurement process. The prohibitions provided for herein shall begin with the filing of the protest and end upon the final disposition of the protest; provided, however, at all times protestors shall be subject to the procurement lobbying prohibitions in section 2-189 of this Code. Failure to adhere to the prohibitions herein shall result in the rejection of the protest without further consideration."

f. "Time limits. The time limits in which protests must be filed as specified herein may be altered by specific provisions in the bid or proposal."

g. "Authority to resolve. The director shall resolve the protest in accordance with the documentation and applicable legal authorities and shall issue a written decision to the protestor no later than 5:00 p.m. EST on the tenth full business day after the filing thereof."

h. "Review of director's decision."

1. "The protesting party may request a review of the director's decision to the county administrator by delivering written request for review of the decision to the director by 5:00 p.m. EST on the fifth full business day after the date of the written decision. The written notice shall include any materials, statements, and arguments which the bidder or proposer deems relevant to the issues raised in the request to review the decision of the director."

2. "The county administrator shall issue a decision in writing stating the reason for the action with a copy furnished to the protesting party no later than 5:00 p.m. EST on the seventh full business day after receipt of the request for review. The decision shall be final and conclusive as to the county unless a party commences action in a court of competent jurisdiction."

i. "Stay of procurement during protests. There shall be no stay of procurement during pro tests."

(Ord. No. 94-51, § 5, 6-7-94; Ord. No. 04-87, § 1, 12-7-04; Ord. No. 14-11, § 2, 2-11-14; Ord. No. 18-34, 10-23-18)

26. PUBLIC RECORDS – CONTRACTOR’S DUTY

If the contractor has questions regarding the application of Chapter 119, Florida Statutes, to the contractor’s duty to provide public records relating to this agreement, the contractor shall contact:

Pinellas County Board of County Commissioners

Purchasing and Risk Management Division

400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756

Public Records Liaison

Phone: 727-464-3237

Email: mcchartier@pinellascounty.org

Sale of Scrap Metal Page 13 of 31

SECTION A - GENERAL CONDITIONS

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

27. E-VERIFY

The contractor and subcontractor must register with and use the E-verify system in accordance with Florida Statute

448.095. A contractor and subcontractor may not enter into a contract with the County unless each party registers with and uses the E-verify system.

If a contractor enters a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized aliens. The contractor must maintain a copy of the affidavit for the duration of the contract.

If the County, Contractor, or Subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Florida Statute 448.09(1) shall immediately terminate the contract with the person or entity.

If the County has a good faith belief that a Subcontractor knowingly violated this provision, but the Contractor otherwise complied with this provision, the County will notify the Contractor and order that the Contractor immediately terminate the contract with the Subcontractor.

A contract terminated under the provisions of this section is not a breach of contract and may not considered such.

Any contract termination under the provisions of this section may be challenged to Section 448.095(2)(d), Florida Statute. Contractor acknowledges upon termination of this agreement by the County for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the County as a result of termination of any contract for a violation of this section.

Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in this section, requiring the subcontracts to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any Subcontractor or Lower Tier Subcontractor with the clause set for in this section.

Sale of Scrap Metal Page 14 of 31

SECTION B – SPECIAL CONDITIONS

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

SECTION B – SPECIAL CONDITIONS

1. INTENT

In accordance with attached specifications, it is the intent of Pinellas County to establish a contract for Sale of Scrap Metal Services, as and when required.

2. QUANTITIES

Quantities stated are an estimate only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous use and/or anticipated needs.

3. PRICING/PERIOD OF CONTRACT

Duration of the contract shall be for a period of sixty (60) months from the date of contract award and any extension thereof.

Prices shall be based on a percentage of the daily American Metal Market (AMM) index. The bid price and payment to the County shall be a percentage of the scrap index per commodity agreed upon and shall be firm for the duration of this contract. Bid prices and payment for all items shall be in the form of a percentage of AMM index on the date of pick-by a published and nationally recognized market for the type of scrap metal specified in this section. In cases where there is a special requirement not covered by these categories, pricing will be negotiated with the County’s specific department when the need arises.

4. TERM EXTENSION(S) OF CONTRACT

The contract may be extended subject to written notice of agreement from the County and the successful bidder(s) for an additional two (2) twenty-four (24) month periods beyond the primary contract period. The extension shall be exercised only if all prices, terms and conditions remain the same and approval is granted by the County Administrator or Director of Purchasing.

5. SALE BASIS

Sale is on an “as is” basis and the County offers no guarantee or warranty expressed or implied as provided in the Contract. All sales are final..

6. CONTRACT

Successful bidder will be required to execute the Contract substantially similar in form to the one attached hereto within 120 days of the notification of the award.

7. PERMITS AND LICENSES

The successful bidder will be responsible for obtaining all required permits and licenses relating to the property.

8. PAYMENT TERMS

Checks shall be payable to Pinellas County Board of County Commissioners per Section B. 14 NO CASH, PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED.

9. EQUAL OPPORTUNITY / GIFT & GRATUITY POLICY

Pinellas County is committed to a workplace, which is free from harassment or discrimination of any kind. All Contractors and their agents, while performing work and/or services pursuant to this Agreement, are expected to conduct themselves accordingly.

All employees of Pinellas County are prohibited from accepting gifts and/or gratuities from Contractors. Contractor agrees to cause all of its employees, subcontractors, consultants and other agents to honor this policy.

10. SUBMISSION OF BIDS

The preferred method is PDF conversion from your source files (to minimize file size and maximize quality and accessibility) rather than scanning.

Instructions for Providing Files in PDF Format to Pinellas County Government

Sale of Scrap Metal Page 15 of 31

SECTION B – SPECIAL CONDITIONS

A. How do I convert my files to PDF format?

Answer- If you have a program such as Adobe Acrobat, creating a PDF of any file is a simple print function.

Rather than printing to a traditional printer, the file converts to a PDF format copy of your original. Any program (such as Word, PowerPoint, Excel, etc.) can be converted this way by simply selecting the print command and choosing PDF as the printer.

B. Should I scan everything and save as PDF?

Answer- Not unless you are scanning with OCR (optical character recognition). Scanning will create unnecessarily large files because a scan is just a picture of a page rather than actual page text. Furthermore, the result of scanning is that your pages will not look nearly as “clean” or professional as simply using the print to PDF method from the program from which the file originates. Additionally, since scan pages are pictures of text, not really text, they may not be considered accessible* under Federal ADA guidelines (*unless the scans are OCR.)

11. BREACH OF CONTRACT

Failure of Contractor to perform any of the services required by this contract within 10 days of receipt of written demand for performance from the County shall constitute breach of contract.

12. SECURITY REQUIREMENTS / BACKGROUND CHECKS

Vendor, in the performance of all services under this Agreement, may require its property and/or employees, subcontractors, consultants, or other agents to go upon County's property and to be in proximity of County's employees and contractors. Vendor agrees that in doing so, proper precautions will be taken to carry on its operations in a safe, competent, and professional manner at all times, both in performing the services under this Agreement and in entering and leaving County's property. Neither Vendor nor its employees, subcontractors, consultants or other agents shall permit or enable any unnecessary person to enter County's premises, nor permit or enable to enter County's premises any person County has requested be removed from and precluded from entering County's premises, whether for reasons of security of persons, property or information. Vendor shall require its employees, subcontractors, consultants, and other agents to comply with the policies and procedures made known by the County concerning entry, exit, and conduct upon the County's premises, including background screening and use of security badges or access cards if required by County. Vendor shall not permit any person to obtain or retain possession of any access card or device beyond the conclusion of the Work or otherwise beyond the duration of the County's express authorization.

Vendor shall obtain appropriate background checks on all of Vendor’s employees, agents, or consultants prior to their entry on Pinellas County premises, and will ensure all subcontractors are held to this provision.

All Vendor employees are required to submit to a background check. The background check process shall be completed at least ten (10) days prior to the start of the project. The Vendor shall be responsible for all costs associated with the background checks. A valid driver’s license and Social Security card are required for completing the background check and obtaining a security clearance.

Step One – The Vendor shall obtain a Level One Criminal History Records Check through the Florida Department of Law Enforcement (FDLE) for each assigned employee.

Step Two – The Vendor shall submit the FDLE Records Check along with a copy of the driver’s license, Social Security card, and completed Sheriff’s Office Security Clearance Application, for each employee, to the Facility Manager.

The Pinellas County Sheriff’s Office shall have and exercise full and complete control over granting, denying, withholding, withdrawing, or terminating security clearances for Vendor employees.

If a submitted employee is denied for any reason, there is no opportunity to re-apply. Additional Requirements for Southeast – CJC: The Vendor will submit the Sheriff’s Office Fingerprint Card Information to the Facility Manager (CJC - State’s Attorney office). The Vendor will schedule through the Facility Manager a time for his employees to be fingerprinted by the Sheriff’s Office.

13. COVID REQUIREMENTS

Vendor agrees to follow the then-current State Department of Health and CDC guidelines concerning COVID. If a Vendor, their employees, consultants, delivery drivers, or representatives becomes sick (symptoms may include fever, Sale of Scrap Metal Page 16 of 31

SECTION B – SPECIAL CONDITIONS

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022 cough, and shortness of breath) the Vendor will ensure that said person will not provide services until verification of testing negative for COVID has been conducted.

Vendors that experience delays on projects due to COVID-19 should rely on the following best practices to request/claim excusable time extensions and avoid government terminations. Vendors shall provide timely notice and Vendor shall keep performing when possible.

14. METHOD OF PAYMENT

The vendor will compensate the County for Material as follows:

A. Vendor shall pay the County by check within thirty (30) days from the date the Vendor picks up Material. Payment shall be submitted in the form of a check drawn on a U.S. bank to: Pinellas County Board of County Commissioners, Finance Division Accounts Receivable Department, PO Box 2438, Clearwater, FL, 33757, email:

ClerkFinanceDivisionAccountsReceivable@pinellascounty.org. The contract number must be listed on the check submitted payment along with:

i. County user department name

ii. Pickup address and/or specific site location

iii. Pickup date

iv. Number and size of the container(s) picked up, and total weight (pounds) of Material

v. Total price per pound (showing the AMM formula)

B. Detailed payment information shall be provided at no additional cost to the County.

i. Vendor is to provide a report of American Metals Market Daily Index on the date of pick-up to allow for pricing verification. A bi-weekly report will be submitted electronically by the awarded vendor in MS Excel or PDF format. The submittal will be sent to purchasing@pinellascounty.org and designated purchasing analyst; with a copy to pcortez@pinallascounty.org and cmangio@pinellascounty.org.

15. VENDOR'S GUARANTEE AGAINST NONPERFORMANCE:

Pinellas County may terminate this Agreement at any time without penalty or liquidated damages for deficiencies in performance and /or quality of merchandise by informing the Vendor in writing of the precise nature of the deficiencies. The Vendor shall have a maximum of thirty (30) days to resolve the deficiencies.

In the event this Agreement is canceled under the terms of this provision, Pinellas County shall be wholly and completely relieved from all obligations hereunder and shall incur no further liability to Vendor for any purpose whatsoever.

Sale of Scrap Metal Page 17 of 31

SECTION C – INSURANCE REQUIREMENTS

INVITATION TO BID SALE OF REAL, SURPLUS PROPERTY OR REVENUE

PINELLAS COUNTY Revised 08/2022

SECTION C – INSURANCE REQUIREMENTS

1. LIMITATIONS ON LIABILITY

By submitting a Bid, the Vendor acknowledges and agrees that the services will be provided without any limitation on the Vendor’s liability. The County objects to and shall not be bound by any term or provision that purports to limit the Vendor’s liability to any specified amount in the performance of the services. The Vendor shall state any exceptions to this provision in its response, including specifying the proposed limits of liability in the stated exception to be included in the Services Agreement. The Vendor is deemed to have accepted and agreed to provide the services without any limitation on the Vendor’s liability that the Vendor does not take exception to in its response. Notwithstanding any exceptions by the Vendor, the County reserves the right to declare its prohibition on any limitation on the Vendor’s liability as non-negotiable, to disqualify any Bid l that includes exceptions to this prohibition on any limitation on the Vendor’s liability, and to proceed with another responsive, responsible proposal, as determined by the County in its sole discretion.

2. INDEMNIFICATION

Vendor agrees to indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the County, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the County, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the Agreement; or on account of any act or omission, neglect or misconduct of Contractor; or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law; or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; or for any…