23-462-IFB_-_Hyatt_Dishwasher_-_Bid_Document_-_Solicitation.pdf

INVITATION FOR BIDS (IFB)

23-462-IFB

Dishwasher for the Hyatt Regency at Orlando International Airport

Copies of the IFB documents may be obtained from the Aviation Authority’s Purchasing

Department at https://procurement.opengov.com/portal/goaa

DATE OF ISSUE: Monday, May 22, 2023

DEADLINE FOR QUESTIONS: Tuesday, May 30, 2023 at 5:00 PM Local

Time, Orlando, FL

ELECTRONIC RESPONSES: Sealed Electronic offers will be accepted up to 11:00 AM (local time), Monday, June 12, 2023, via the electronic procurement portal referenced above.

BID OPENING MEETING: https://meet.goto.com/484882541

SUBMIT ALL QUESTIONS & INQUIRES VIA OPENGOV

☒ Symbol means the option is selected, and to be applied to this IFB.

☐ Symbol means the option is not selected, and is not to be applied to this IFB.

https://procurement.opengov.com/portal/goaa https://meet.goto.com/484882541

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E-PROCUREMENT PLATFORM

The Aviation Authority’s Purchasing Department has transitioned to a new E-Procurement Platform, OpenGov, effective April 3, 2023. New solicitations will be posted with OpenGov and electronic responses will be accepted via the e-Procurement Portal. There is not cost for vendors to register with OpenGov.

To access new solicitations, visit https://procurement.opengov.com/portal/goaa To get started, click here to sign up. You’ll receive an email to activate your account.

For more information about how to register, please see our help file here.

Registration and Notification of Solicitations

RECEIVING ELECTRONIC RESPONSES TO BIDS/PROPOSALS

To successfully submit a response to a solicitation, Vendors are required to submit their electronic response via OpenGov - https://procurement.opengov.com/portal/goaa. Mailed, faxed, emailed, and hand delivered submissions will not be accepted. Responses will only be accepted via OpenGov. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

https://procurement.opengov.com/signup http://help.procurement.opengov.com/en/articles/2482165-vendor-registration https://procurement.opengov.com/signup

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TABLE OF CONTENTS

1.0 AMERICANS WITH DISABILITIES ACT

2.0 GENERAL INFORMATION

2.1 Attachments to this IFB Document

2.2 General

2.3 Tentative Schedule

2.4 Intent/Purpose

2.5 Questions and Communication Related to this IFB

2.6 Silence of Specifications

2.7 Lobbying Statement

2.8 Bid Due Date, Time and Location and Late Bids

2.9 Pre-Bid Conference

2.10 Addenda

2.11 Understanding of Scope and Terms and Conditions

2.12 General Terms and Conditions

2.13 Minority and Women Business Enterprise ("MWBE") Participation Program

2.14 Local Developing Business ("LDB") Participation Program

2.15 Good Faith Effort for MWBE and LDB Participation Program – Not Applicable

2.16 Conflict of Interest

2.17 Code of Ethics and Business Conduct Policy

2.18 Reservation of Rights

2.19 Public Meetings/Public Records

2.20 Florida Public Records Law

2.21 Whistle Blower Reporting Line

2.22 EEO Statement

2.23 Federal Fair Labor Standards Act

2.24 Occupational Safety And Health Act of 1970

2.25 Purchasing Agreements with Other Governmental Entities

2.26 Assignment

2.27 Verbal Instructions

2.28 Patents and Royalties

2.29 Software License to Contractor

2.30 Warranty Against Infringement of Intellectual Property

2.31 Optional Ownership of Work Product

2.32 Scrutinized Companies

2.33 Discriminatory Vendor List

2.34 Drug-Free Workplace

2.35 Verification of Employment Status

2.36 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive

Security Information (SSI), Payment Card Industry (PCI)

2.37 Indemnification

2.38 Safety Warranty

2.39 Warranty

2.40 Pricing

2.41 Incurred Cost

2.42 Discounts

2.43 Taxes

2.44 Contractor’s Personnel

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2.45 Safety and Protection

2.46 Deliveries

2.47 Acceptance

2.48 Failure to Perform

2.49 Compensation / Invoicing

2.50 Operations During Dispute

2.51 Litigation Venue

3.0 BACKGROUND INFORMATION

3.1 Airport Demographics

3.2 Airport Environment

4.0 SPECIAL CONDITIONS

4.1 Partial Bids / Complete Bids

4.2 Pricing

4.3 Alternate items

4.4 Award

4.5 Ordering

4.6 Bidder Qualifications

4.7 Surety Bonds/letter of Credit

4.8 Insurance

4.9 Airport Security

4.10 Airport Operations Area

4.11 Identification / Access Requirements

5.0 SCOPE OF WORK/SPECIFICATION

5.1 Overview

5.2 Regulations

5.3 Aviation Authority’s Responsibilities

5.4 Contractor’s Responsibilities

5.5 Performance Requirements

5.6 Hours to Perform Services

5.7 Use of Premises

5.8 On-Site Communications

5.9 Additional Services

6.0 BID RESPONSE PREPARATION AND SUBMITTAL

6.1 Submittal of Bids

6.2 Documentation

1. Bidder’s Certification

2. Addendum Receipt Verification

3. Conflict of Interest Disclosure Form

4. Assistance with Development of Specifications or Item Selection

5. Discrimination; denial or revocation of the Right to Transact Business with Public

Entitles Certificate

6. Certification Regarding Prohibition Against Contracting with Scrutinized Companies 39

7. Public Entity Crimes Certificate

8. E-Verification Certification

9. Drug-Free Workplace Certification

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1.0 AMERICANS WITH DISABILITIES ACT

Then Greater Orlando Aviation Authority (GOAA, Aviation Authority) does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact Amy Pendley, ADA Coordinator at 407- 825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

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2.0 GENERAL INFORMATION

2.1 Attachments to this IFB Document

• Attachment A: Terms and Conditions of Purchase Order

2.2 General

Throughout this document the words:

• Contract, Purchase Order and Blanket Release are used synonymously

• Contractor, Consultant and Vendor are used synonymously

2.3 Tentative Schedule

Release Date: Monday, May 22, 2023 Pre-Bid GoToMeeting: N/A Deadline for submission of questions: Tuesday, May 30, 2023 Release of Addendum: Thursday, June 1, 2023 (If Applicable) Deadline for return of Bid/Proposal: Monday, June 12, 2023 Procurement Committee:* Tuesday, July 18, 2023 Aviation Authority Board Meeting:* Wednesday, September 20, 2023 (If Applicable)

*Sunshine Meeting schedules are posted weekly on the Aviation Authority website.

2.4 Intent/Purpose

The Greater Orlando Aviation Authority, Orlando International Airport, Orlando, Florida, (Aviation Authority) is soliciting sealed bids from qualified Bidders to provide and install a Hobart Dishwasher at the Hyatt Regency, located at the Orlando International Airport. The awarded Contractor (Bidder) must be licensed to do business in the State of Florida and perform under the laws of the State of Florida.

2.5 Questions and Communication Related to this IFB

Bidders shall submit all inquiries regarding this bid via the e-Procurement Platform, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries must be posted on the Aviation Authority e- Procurement Platform. Questions will be answered through the e-Procurement Platform.

Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

2.6 Silence of Specifications

The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided.

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2.7 Lobbying Statement

All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this Bid. Firms and their agents are hereby placed on notice that they are not to contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated Purchasing Agent). Public meetings and public deliberations of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the Invitation for Bid; and written correspondence concerning Bids may be submitted to the Purchasing Department. An appropriate official or employee of the Aviation Authority may initiate communication with a Bidder in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Any official communication from a Bidder during the Bid process should be submitted in writing to the GOAA Annex Building, Purchasing Department, 5855 Cargo Road, Orlando, FL 32827- 4399, or to the email address as directed during the Bid process. A copy of the Administration Policies (Sections 180.01 and 180.03) are available upon request from the Chief Administrative Officer. Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S. 287.057 (23))

2.8 Bid Due Date, Time and Location and Late Bids

Offers must be received by the bid due date, time and location notated on the cover page.

The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any response. The office opening time shall be scrupulously observed. Under no circumstances shall responses delivered after the time specified be considered.

2.9 Pre-Bid Conference

The Hobart/ITW Office in Orlando is familiar with this project. Their Technician has been on location to evaluate the project needs. At this time we are not scheduling a pre-bid meeting.

Hobart Representative: Bill Mock, bill.mock@itwfeg.com, cell: 786-509-1107.

2.10 Addenda

If deemed necessary, the Purchasing Department may supplement this IFB Document by issuing Addenda. If the Purchasing Department determines that it is necessary to change these dates or times prior to the bid due date, the change will be announced via an addendum and posted on the e-Procurement Platform. Acknowledgement of receipt of all Addenda is required in order to be considered responsive.

mailto:bill.mock@itwfeg.com

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2.11 Understanding of Scope and Terms and Conditions

All prospective Bidders shall thoroughly examine and become familiar with the Bid package, including the scope and the Terms and Conditions, and carefully note the items which must be submitted with the Bid as detailed in Section 6, Bid Submittals.

Submission of a Bid shall constitute an acknowledgment that the Bidder has read and understands the Bid Documents. The failure or neglect of a Bidder to receive or examine any Bid Document shall in no way relieve it from any obligations under its Bid or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the scope.

2.12 General Terms and Conditions

The “Terms and Conditions of Purchase” dated 7/27/21 will apply to any resulting Purchase Order OR Blanket Purchase Agreement. The document is included with the IFB document as Attachment A. Any other/additional Terms and Conditions, or reference to other Terms and Conditions submitted with the response will be considered an objection to GOAA’s Terms and Conditions, and the Bidder may be considered non-responsive.

BY SIGNING AND SUBMITTING A BID, BIDDER ACKNOWLEDGES THAT THE ABOVE

REFERENCED “TERMS AND CONDITIONS OF PURCHASE,” DATED 7/27/21, WILL

APPLY TO ANY RESULTING PURCHASE ORDER OR BLANKET PURCHASE

AGREEMENT, AND WILL SUPERSEDE ANY TERMS AND CONDITIONS

REFERENCED ON SALES ORDERS, ORDER ACKNOWLEDGEMENTS, INVOICES,

ETC.

Payment Terms are Net 45.

Freight Terms are FOB Delivered.

2.13 Minority and Women Business Enterprise ("MWBE") Participation Program – Not Applicable

2.14 Local Developing Business ("LDB") Participation Program – Not Applicable

2.15 Good Faith Effort for MWBE and LDB Participation Program – Not Applicable

2.16 Conflict of Interest

The award hereunder is subject to provisions of State of Florida Statutes. All Contractors must disclose with their bid the name of any officer, director, or agent who is also an employee of the Aviation Authority. Further, all Contractors must disclose the name of any Aviation Authority employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Contractor’s firm or any of its branches.

2.17 Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses, the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This

23-462-IFB Page 9 of 43 IFB Goods+ Services/ PO-BPA/Rev4.12.23 includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Bidder and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Bidder to Bid on any Contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

2.18 Reservation of Rights

As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received. Bidders are cautioned to make no assumptions unless their Bid has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this Bid shall conform to applicable policies of the Aviation Authority.

The Aviation Authority reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

The Aviation Authority reserves the right at its sole discretion to increase, decrease, or delete any portion of the Scope of this Contract at any time without cause.

2.19 Public Meetings/Public Records

Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a Bid will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

2.20 Florida Public Records Law

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

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

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE AVIATION

AUTHORITY’S CUSTODIAN OF PUBLIC RECORDS AT:

www.orlandoairports.net/publicrecords; , PHONE NUMBER 407.825.2400; AND

MAILING ADDRESS, GREATER ORLANDO AVIATION AUTHORITYY, PUBLIC

RECORDS, ONE JEFF FUQUA BOULEVARD, ORLANDO, FL 32827.

A Contractor with an Aviation Authority Contract for services, must comply with Florida Statute, Chapter 119.071, specifically to: Keep and maintain public records that ordinarily and necessarily would be required by the Aviation Authority in order to perform the service. Upon request from the Aviation Authority’s custodian of public records, provide the Aviation Authority with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the Aviation Authority would provide the records and at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes, or as otherwise

23-462-IFB Page 10 of 43 IFB Goods+ Services/ PO-BPA/Rev4.12.23 provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Aviation Authority. Upon completion of the Contract, meet all requirements for retaining public records and transfer, at no cost to the Aviation Authority, all public records in possession of the Contractor or keep and maintain public records required by the Aviation Authority to perform the service. If the Contractor transfers all public records to the Aviation Authority upon completion of the Contract, the Contractor shall, upon termination of the Contract, destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Aviation Authority, upon request from the Aviation Authority’s custodian of public records, in a format that is compatible with the information technology systems of the Aviation Authority. If a Contractor does not comply with a public records request, the Aviation Authority shall enforce the Contract provisions in accordance with the Contract.

2.21 Whistle Blower Reporting Line

The Aviation Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Aviation Authority has established a Whistle Blower Reporting Line with a third-party service provider as a means for employees, Contractors, vendors, tenants and the general public to report suspected fraud, waste or abuse in connection with Aviation Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its Subcontractors or laborers, it shall promptly report such activity at 877-370-6354, through email:

GOAA@integritycounts.ca, or through the online reporting form at https://www.integritycounts.ca/org/GOAA The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.

2.22 EEO Statement

Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate. The Aviation Authority is an equal opportunity employer.

2.23 Federal Fair Labor Standards Act

All Contracts and subcontracts that result from this Contract incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

https://www.integritycounts.ca/org/GOAA

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2.24 Occupational Safety And Health Act of 1970

All Contracts and Sub-Contracts that result from this Contract incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor (also known as Consultant) must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee.

The Consultant retains full responsibility to monitor its compliance and their Subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

2.25 Purchasing Agreements with Other Governmental Entities

The Authority permits the awarded Bidder(s) to extend the pricing, terms and conditions of this solicitation to other governmental entities at the Bidder’s discretion. Each governmental entity that utilizes this solicitation or its results will be responsible for execution of its own requirements with the awarded Bidder(s).

2.26 Assignment

Neither this Contract nor any of the Contractor's rights or obligations hereunder may be assigned by the Contractor without the Aviation Authority's prior written consent, which consent may be granted or withheld in the Aviation Authority's sole discretion. Any transfer of this Contract by merger, consolidation or liquidation, change in federal identification number or, any change in ownership of or power to vote a majority of the outstanding voting stock or ownership interests of the Contractor shall constitute an assignment of this Contract for purposes of this Section. In the event the Contractor assigns or subcontracts or attempts to assign or subcontract any right or obligation arising under this Contract without the Aviation Authority's prior written consent, the Aviation Authority shall be entitled to terminate this Contract. Assignments require at least sixty

(60) days prior notice.

2.27 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Aviation Authority employee. Only those communications, which are in writing from an authorized Aviation Authority representative, may be considered. Only written communications from Contractors, which are signed by a person designated as authorized to bind the company, will be recognized by the Aviation Authority as duly authorized expressions on behalf of the Contractor.

2.28 Patents and Royalties

The Contractor, without exception shall indemnify and save harmless the Aviation Authority and its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by the Aviation Authority. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without

23-462-IFB Page 12 of 43 IFB Goods+ Services/ PO-BPA/Rev4.12.23 exception that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

2.29 Software License to Contractor

If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to the Aviation Authority, a perpetual, irrevocable, nonexclusive, nontransferable, royalty free license to use the software. This software is “proprietary” to Contractor, and is licensed and provided to the Aviation Authority for its sole use for purposes under this Contract and any attached work orders or invoices. The Aviation Authority may not use or share this software without permission of the Contractor; however, the Aviation Authority may make copies of the software expressly for backup purposes.

2.30 Warranty Against Infringement of Intellectual Property

Contractor warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Contractor will defend at its expense any action against the Aviation Authority or the Aviation Authority as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Contractor will pay any and all costs and damages finally awarded against the Aviation Authority or the Aviation Authority as licensee in such actions which is attributable to such claim. Should the products or services become, or in Contractor's opinion be likely to become, the subject of any claim of infringement, Contractor shall either: (a) procure for the Aviation Authority the right to continue to use the goods or services; or (b) modify the goods or services to make them non-infringing, provided that such modification does not materially adversely affect the Aviation Authority’s authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Aviation Authority; or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate this Contract and refund to the Aviation Authority the payments actually made to Contractor under this Contract.

2.31 Optional Ownership of Work Product

Contractor agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Contractor for the Aviation Authority pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the “Work Product”) and Contractor acknowledges that such Work Product may be considered “work(s) made for hire” and will be and remain the exclusive property of the Aviation Authority. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Contractor hereby agrees that this Contract effectively transfers, grants, conveys, and assigns exclusively to the Aviation Authority, all rights, title and ownership interests, including copyright, which Contractor may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Aviation Authority shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Contractor for itself

23-462-IFB Page 13 of 43 IFB Goods+ Services/ PO-BPA/Rev4.12.23 and on behalf of its Contractors hereby waives any property interest in such Work Product.

2.32 Scrutinized Companies

Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Agreement is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. For Contracts of any amount, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, this section shall become inoperative and unenforceable.

2.33 Discriminatory Vendor List

An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Bid for a Contract to provide goods or services to a public entity, shall not submit a Bid on a Contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Bids for leases of real property to a public entity, shall not award or perform work as a Contractor, supplier, Subcontractor, or consultant under any Contract with any public entity, and shall not transact business with any public entity per 287.134(3)(d), Fla. Stat.

2.34 Drug-Free Workplace

Whenever two or more Bids, which are equal with respect to price, quality, and service, are received by the Aviation Authority for the procurement of commodities or Contractual services, a Bid received from a business that has implemented a drug-free workplace program per 287.087, Fla. Stat. shall be given preference in the award process.

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2.35 Verification of Employment Status

Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis.

Only those employees determined eligible to work within the United States shall be employed under this Contract.

By submission of a Bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this Contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation.

2.36 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI)

In the course of performing the Contract work, Contractor may gain access to Sensitive Data Types including but not limited to Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI), Financial Information and/or other confidential information of the Aviation Authority.

Contractor agrees to hold such information in confidence and to make such information known only to its employees, affiliates, agents, Subcontractors, and sub-consultants who have a legitimate need to know such information and who are under a similar obligation of confidentiality. The Contractor shall seek the Aviation Authority’s prior written consent before releasing, disclosing, or otherwise making such confidential information available to any other person. This provision shall not apply to information required to be released by applicable law, legal subpoena, or other lawful process. The Contractor must notify the Aviation Authority as soon as practicable in the event Contractor is notified of or discovers any compromise and/or breach or suspected breach, such as unauthorized access to, theft of, misuse of and unintentional releases or of any security/sensitive data types, or confidential information of the Aviation Authority and/or Individuals (“Data Breach”) involving Contractor controlled systems such as, but not necessarily limited to, web sites, transmission infrastructure, voice response unit, and retrieval and storage systems. This notification should include, to the extent known, the type of Data Breach, type of data compromised and/or breached, and results of any forensic investigation. To the extent Contractor is responsible for the Data Breach and upon mutual agreement of the parties, Contractor shall be responsible to implement, in coordination with the Aviation Authority, a commercially reasonable Remediation Plan to address and respond to a Data Breach.

Such commercially reasonable “Remediation Plan” will include certain administrative requirements associated with addressing and responding to such Data Breach to the extent necessary under the circumstances, and may include but is not necessarily limited to: (i) preparation and mailing or other transmission of legally required notifications, (ii) preparation and mailing or other transmission or communication to impacted Individuals such as may be required by applicable law or regulation; (iii) offering potentially impacted Individuals the opportunity to enroll in a credit monitoring service offered by a vendor of Contractor’s choice for a two-year period, or other period as required by applicable law, at no charge to the impacted Individuals; and (iv) payment of applicable reasonable legal, http://www.uscis.gov/portal/site/uscis

23-462-IFB Page 15 of 43 IFB Goods+ Services/ PO-BPA/Rev4.12.23 audit, accounting and administrative expenses associated with the investigation, notifications and recovery arising from the Data Breach. The remedies provided for in the Remediation Plan shall be in addition to any other remedies available to the Aviation Authority under this Contract. The provisions of this Section shall survive the expiration or earlier termination of the Contract.

2.37 Indemnification

The successful Contractor shall indemnify, defend and hold completely harmless the Aviation Authority and the City of Orlando, Florida ("City"), and the members (including, without limitation, members of the Aviation Authority's Board and the City's Council, and members of the citizens’ advisory committees of each), officers, employees and agents of each, from and against any and all liabilities (including statutory liability and liability under Workers' Compensation Laws), losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to, court costs, paralegal and expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from any of the foregoing: (a) by reason or on account of damage to or destruction or loss of any property of Aviation Authority or the City, or any property of, injury to or death of any person resulting from or arising out of or in connection with the performance of this Contract, or the acts or omissions of Contractor's directors, officers, agents, employees, Subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by Aviation Authority's negligence or by the joint negligence of Aviation Authority and any person other than Contractor or Contractor's directors, officers, agents, employees, Subcontractors, licensees, or invitees, or (b) arising out of or in connection with the failure of Contractor to keep, observe or perform any of the covenants or agreements in this Contract which are required to be kept, observed or performed by Contractor, or (c) arising out of or in connection with any claim, suit, assessment or judgment prohibited by this condition or in favor of any person described in below, or (d) arising out of or in connection with any action by Contractor or its directors, officers, agents, employees, Subcontractors, licensees or invitees. Aviation Authority agrees to give Contractor reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Contractor or its insurer to compromise and defend the same to the extent of its interests, and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations under this section, Contractor shall engage counsel reasonably acceptable to Aviation Authority. In any suit, action, proceeding, claim or demand brought in respect of which the Aviation Authority may pursue indemnity, the Aviation Authority shall have the right to retain its own counsel. The fees and expenses of such counsel shall be at the expense of the Aviation Authority unless the Contractor and the Aviation Authority shall have mutually agreed to another arrangement. In the event Contractor fails, within a reasonable time to retain counsel satisfactory to the Aviation Authority, the Aviation Authority may retain counsel and Contractor shall be responsible for such legal fees, costs and expenses. In the event, the Aviation Authority and the Contractor are both named parties in any such proceeding and, in the sole judgment of the Aviation Authority, representation of both the Aviation Authority and the Contractor by the same counsel would be inappropriate due to actual or potential differing interests between them then Aviation Authority shall obtain its own counsel and Contractor shall be responsible for such legal fees, costs and expenses. The indemnification provisions of this Section 5 shall

23-462-IFB Page 16 of 43 IFB Goods+ Services/ PO-BPA/Rev4.12.23 survive the expiration or earlier termination of this Contract with respect to any acts or omissions occurring during the term of the Contract. No recourse under or upon any obligation, covenant or agreement contained in this Contract, or any other agreement or document pertaining to the work or services of the Contractor hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against Aviation Authority, or the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Contract, shall be had against any member (including, without limitation, members of the Aviation Authority's Board or the City's Council, or members of the citizens advisory committees of each), any officer, employee or agent, as such, past, present, or future of Aviation Authority or City, either directly or through the Aviation Authority or the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by Aviation Authority. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, officer, employee, or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for the payment for or to Aviation Authority, or any receiver therefore or otherwise, of any sum that may remain due and unpaid by the Aviation Authority, is expressly waived and released as a condition of and in consideration of the execution of this Contract and the, promises made to Contractor pursuant to this Contract. In any and all claims against the Aviation Authority or the City, or any of their officers, members, agents, servants or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of Contractor under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or for the Contractor or any Subcontractor under Workers' Compensation Acts, disability benefit acts or other employee benefit acts. No provisions of this condition shall be construed to negate, abridge, or otherwise reduce any other right of indemnity that Aviation Authority may have as to any party or person described therein.

2.38 Safety Warranty

The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies.

2.39 Warranty

The Contractor agrees that, unless otherwise specified, the supplies and/or services furnished under this Solicitation shall be covered by the most favorable commercial warranty the Contractor gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Aviation Authority by any other provision of this Solicitation.

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2.40 Pricing

All prices, costs, and conditions shall remain firm and valid at least until 12/31/2024.

2.41 Incurred Cost

Costs for developing a response to this request for Bid are entirely the obligation of the Contractor and shall not be chargeable in any manner to the Aviation Authority.

2.42 Discounts

All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net cost for Bid evaluation purposes.

2.43 Taxes

The Aviation Authority is exempt from Federal excise taxes and all sales taxes.

2.44 Contractor’s Personnel

a. The Contractor will be held accountable for damages, theft, or any other breach of security caused by its employees and shall be held directly responsible for errors and omissions of the Contractor’s employees and other persons performing work under the Contractor’s control for Authority. The Contractor shall be responsible for repair of any damage to Authority property and restoration of any damage. The Contractor shall provide an adequate number of licensed/skilled workmen who are thoroughly trained and experienced in the delivery, assembly and installation of furniture items.

b. The Aviation Authority will not provide any supervision to the Contractor’s employees. The Contractor must have sufficient staffing to oversee all staff, to include training, supervision, and the resolution of issues or problems that may arise.

c. The Aviation Authority requires the Contractor to remove all their personnel from the Aviation Authority property who are deemed careless, incompetent, insubordinate, reasonably, objectionable, or whose continued employment on the job is deemed to be contrary to the interest of the Authority.

d. Contractor shall enforce strict discipline and good order among its employees at all times and shall be fully responsible for the proper conduct and appearance of its employees while on the Aviation Authority Property.

e. Contractor shall be solely responsible for all means, methods, techniques and results of the services provided hereunder; and all acts and omissions of all agents and employees of the awarded Contractor.

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f. Employees of the Contractor shall not be assisted nor accompanied by any individual that is not an employee of the Contractor while performing duties related the resulting PO or BPA. This includes children and/or other relatives. Employees of the Contractor that violate this paragraph will be deemed objectionable to the Authority and will no longer be allowed to work on this Authority Project.

g. Contractor’s employees shall be instructed that no gratuities shall be solicited or accepted for any reason whatsoever from the tenants, customers or other persons at Orlando International Airport. The Contractor shall be responsible for ensuring that all articles found by the employees on Authority’s premises are turned over to the Authority, or the Authority’s designated agent in charge of such articles.

h. During the progress of the specified work, the Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the work. At the completion of the work, the Contractor shall remove all waste materials, rubbish, and debris from, and about the premises as well as all tools, appliances, machinery and surplus materials, and leave the site clean and ready for occupancy by the Authority. All waste materials associated with this project shall be handled in accordance with all federal state and local regulations.

2.45 Safety and Protection

The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for safety of, and shall provide the necessary protection to prevent injury to, all employees on the work site and other persons including but not limited to, the general public who may be affected thereby.

2.46 Deliveries

Bidder shall ensure that deliveries are scheduled to arrive at the location specified on the PO or BPA Release between the hours of 8:00 AM and 3:00 PM (the Warehouses close for lunch every day between 12:00 PM and 12:30 PM), Monday through Friday. GOAA’s warehouses are located in the 32827 Zip Code, address will be specified on the resulting PO or BPA Release. If Bidder utilizes a common carrier for shipping, Bidder shall be responsible for initiating any and all tracers for delayed or missing shipments and shall be responsible for resolving any damage claims. Bidder shall furnish copies of any trace reports to the Authority’s Supervisor of Material Control. Packing lists shall be attached to the outside of packaging. The packing list will reflect the Authority’s PO Number or BPA Release # and quantity being shipped for each item. Bidder shall not combine supplies from multiple orders into one shipment. The Authority’s warehouses are not located in secure areas; escorted delivery or badging will not be required.

2.47 Acceptance

Items may be tested for compliance with the Specifications. Items delivered must be accompanies by a detailed packing slip. Items delivered not conforming to specifications may be rejected and returned at Contractor’s expense. Any increase in cost may be charged against the Contractor. Additionally, the Owner’s Authorized Representative

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(OAR) and the Contractor shall conduct an inspection of the Services during or upon completion. Any deficiencies noted during an inspection shall be corrected before final acceptance, within ten (10) business days, unless a longer time period is authorized in writing by the OAR.

2.48 Failure to Perform

The Bidder shall be prepared to deliver goods as agreed-upon, after issuance of a purchase order, blanket release, or after receipt of deposit if applicable. Failure to satisfactorily complete delivery as scheduled may result in written notice to the Bidder terminating its right to proceed as to the whole or any part of the PO or to the remainder of the BPA term. Should the Bidder be unable to or refuse to provide goods, on any given day, against the predetermined schedule to which the Bidder has agreed by specifying it in the pricing table, and the Authority is forced to procure the goods from a different Bidder, the difference in the price of the goods and the price paid the new Bidder may be charged to and paid for by the Bidder.

2.49 Compensation / Invoicing

Bidder shall submit detailed invoice(s) to the Authority’s Accounts Payable Department (as specified on the PO or BPA Release) within ten (10) business days from accepted delivery and OAR’s confirmation of satisfactory services rendered. PO# or BPA Release # must be noted on the PO in order to facilitate timely processing.

The Aviation Authority shall notify the Contractor of any specific services that are unsatisfactory to the Aviation Authority, and if the Contractor has not addressed such item or items set forth in the notice to the Aviation Authority’s satisfaction within the time frame set forth in the Aviation Authority’s notice, the Aviation Authority in addition to all other rights provided under this Contract or by law or equity, may either remedy such unsatisfactory services itself or through a third party and the cost of providing the remedial services shall be deducted from the Contractor’s invoice.

Contractor shall be obligated to pay promptly all proper charges and costs incurred by Contractor…