25-0545-REQ_Draft_RFP-Utilities_GEC-Comments_Added_02042025.pdf

Merry Celeste, CPPB Division Director

Purchasing and Risk Management

PLEASE ADDRESS REPLY TO:

400 South Ft. Harrison, Sixth Floor

Clearwater, Florida 33756 Phone: (727) 464-3311

FAX: (727) 464-3925

Website: www.pinellascounty.org/purchase

July 6, 2020

TO: ALL INTERESTED PROPOSERS

REQUEST FOR PROPOSAL: Utilities Continuing Professional Engineering Services

PROPOSAL NUMBER: 190-0457-CN (SS)

PROPOSAL SUBMITTAL IS DUE: August 4, 2020 @ 3:00 P.M.

ADDENDUM NO. 1

Following is additional information, clarifications, questions and responses relative to referenced Request for Proposal (RFP):

QUESTION(S)/RESPONSE(S):

1. Question: Is it possible to get the proposals from the following firms for Contract 156-0127-CN (RW)

– Continuing Professional Services?

Response: See drop box link. You don’t need a password to access this link.

https://www.dropbox.com/sh/ladpohf39cuhlzu/AAAdwuZ4hhOQvTtQuUaO7qdva?dl=0

2. Question:

a. Must a firm (and/or their proposal team) be able to provide all the services listed under the Scope of

Services to be considered for selection?

b. Reference Section B, General Conditions, B. Scope of Services (PDF pg 15): Is it required that the firm/team provide all of the services enumerated under Engineering Services? For example, can a firm/team submitting for Engineering Services exclude any of the items listed under engineering services from its proposal (i.e. hydrogeological, electrical, surveying, etc.)

c. Page 14 of the RFQ lists the scope of services that may be used for this contract. Is it the County’s preference for us to submit a team with all of those services or just what the prime firm is capable of in house?

Response: The intent of this RFP is for the GEC to have as many disciplines on their team to cover the tasks in the RFP. Each proposer shall use their best judgement to complete their submittal.

3 Question: How many firms does the County anticipate selecting for award?

Response: A determination of how many firms will be selected for award will not be made until all proposals have been evaluated and scored.

http://www.pinellascounty.org/purchase

4 Question: According to the RFQ, “Continuing Consultants’ Competitive Negotiation Act (CCNA) contracts are limited to projects in which construction costs do not exceed $2 million and when the fee for professional services does not exceed $200,000, per State Statute 287.055(2)(g).” Given the anticipated increase taking effect July 1, 2020, will the project limits be increased in accordance with the revised CCNA limits?

Response: The limits will be updated at the time of award.

5 Per the RFQ: “If the firm, or its sub-contractors, is designated as a minority business by the Florida

State Office of Supplier Diversity, Department of Management Services, two and one half (2.5%) percent of the total evaluation points are awarded. If the firm does not have minority business status as per the Florida State Office of Supplier Diversity, Department of Management Services, zero (0%) percent of the points available are awarded.” If the firm is not a minority business, but includes the intent to partner with minority firms, verify that the firm’s submittal will receive 2-1/2% of the total evaluation points.

Response: If it is the prime firm’s intent to partner (or use sub-consultants) the certificate(s) should be included with the submittal in order to receive points. Refer to Section B, Item 5 – Items to be returned with proposal.

All other specifications, terms and conditions remain the same.

Please remember to acknowledge receipt of this Addendum in Section G, Page 25 under Addendum No.1 and return with completed proposal package.

Sincerely, Purchasing and Risk Management

Purchasing and Risk Management

PLEASE ADDRESS REPLY TO:

400 South Ft. Harrison, Sixth Floor

Clearwater, Florida 33756 Phone: (727) 464-3311

FAX: (727) 464-3925

Website: www.pinellascounty.org/purchase

July 24, 2020

TO: ALL INTERESTED PROPOSERS

REQUEST FOR PROPOSAL: Utilities Continuing Professional Engineering Services

PROPOSAL NUMBER: 190-0457-CN (SS)

PROPOSAL SUBMITTAL IS DUE: August 4, 2020 @ 3:00 P.M.

ADDENDUM NO. 2

Following is additional information, clarifications, questions and responses relative to referenced Request for Proposal (RFP):

QUESTION(S)/RESPONSE(S):

1. Question: In reference to Page 19, C, Tab 2, Statements and documentation, no. 3. Are corporate registrations to operate in Florida only required of the Prime firm? Or should we include those for subconsultants?

Response: Each proposer shall use their best judgement to complete their submittal.

2. Question: Page 19, C Tab 2, no. 7, Is the contact information and address only required to be provided by the Prime firm or does it include subconsultants also?

Response: Yes, the prime firm. Refer to page 13 of 27, f. – Location, for details on this criteria.

3. Question: Page 19, D, Tab 3 – Can the proof of insurance certificate of holder section be made out as

“evidence of coverage” or does it need to be made out to Pinellas County?

Response: Yes, evidence of coverage.

4. Question: In reference to SF 330, Section F – Projects. On past submittals, it was acceptable to submit continuing services contracts on the section F form and list projects assigned under that contract within the form. Is this acceptable for this RFQ?

Response: Each proposer shall use their best judgement to complete their submittal.

5. Question: [RFP, Section 8, Part C and Part F, Page 15 of 27] – Is Attachment A: Small Business Enterprise (SBE) Status Form required both in Tab 2 and Tab 5?

Response: Include in both sections, as indicated in the instructions.

6. Question:

a. On Page 18, B, no. 3 – What type of Environmental services are you seeking for this discipline.

b. What type of planning services is the County looking for? (general planning, utility planning?)

Response:

a. Environmental Services are those related to water, wastewater and reclaimed water systems.

b. Planning Services are those related to water, wastewater and reclaimed water systems planning activities.

7. Question:

a. Information submitted in Tab 1 - Standard Form (SF) 330 should be a maximum of 50 pages, and

Tab 2 through Tab 6 should be a maximum of fifty (50) pages. Are the tabs and the cover included in that page count?

b. [RFP, Section 8, Page 15 of 27] – Do the front/back covers and tab sheets count towards the page limitation?

c. [RFP, Section 8, Part A, Page 15 of 27] – Does the content included in the Introduction Tab count towards the page limitation?

Response: All pages count towards the 100 page limit, including tabs.

8. Question:

a. [RFP, Section 8, Part C, Page 15 of 27] – Are individual FL licenses and certifications required for all proposed staff, or just key staff?

b. [RFP, Section 8, Part C, Page 15 of 27] – Are FL business licenses required for just the prime, or for our subconsultants also?

Response: Each proposer shall use their best judgement to complete their submittal.

9. Question: [RFP, Section D-Vendor References Form, Page 21 of 27] – For the “Total Number of Current Employees (Full- and Part-Time) on the Vendor References Form,” are we to provide the # for our entire company, or for employees only in Florida or more specifically, just the Tampa/Sarasota area?

Response: Entire prime firm.

10. Question: Based on Section C.3.g, we understand that the Prime Proposer shall carry $5 million of professional liability insurance. However, subcontractor/subconsultant’s insurance limits can be less than the Prime’s $5 million limit based on the portion of the Work performed by the subcontract/subconsultant. Is this correct?

Response: The County requires the prime proposer be responsible for insurance coverages to meet County requirements set in Section “C” of the RFP. If the main proposer utilizes a subcontractor who carries a lower limit of coverage, it is the prime firm’s responsibility for any difference in coverage in the event of a claim.

All other specifications, terms and conditions remain the same.

Please remember to acknowledge receipt of this Addendum in Section G, Page 25 under Addendum No.2 and return with completed proposal package.

Sincerely, Merry Celeste, CPPB

Purchasing and Risk Management

PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

PROPOSAL NO.: 190-0457-CN (SS)

RFP TITLE: Utilities Continuing Professional Engineering Services

DUE DATE/TIME: August 4, 2020 @ 3:00 p.m.

SUBMITTED BY: _____________________

(Name of Company)

Please Note:

In an effort to continue to protect the public and our County workers, we have migrated to an automated process of bid/proposal receipt submittals and bid openings. Bids and proposals will be received and opened electronically and visible to vendors and the public.

Contractors/vendors are required to register with BidSync for free in advance of a scheduled bid/proposal opening and upload the required documents as requested in the solicitation prior to the submission deadline. All bids/proposals will be opened via an electronic lockbox at the same time. Contractors/vendors will be capable of viewing bid results after they are received and opened electronically.

To register as a supplier/vendor use the following link: https://prod.bidsync.com/bidsync-basic , (“X” out the advertisement in the top right corner to proceed to registration). Once logged in, current solicitations can be accessed and visible. For additional assistance with the supplier/vendor registration process, please contact BidSync Vendor Support at 800-990-9339 option 1, option 1, open from 8am-8pm ET.

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

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

https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprod.bidsync.com%2Fbidsync-basic&data=02%7C01%7Cssteele%40co.pinellas.fl.us%7C6a10337702cf43c0fb5908d7e16eb4f3%7Cc32ee18fa4c746ffaf408ed605642745%7C0%7C0%7C637225737901317906&sdata=aZt7hN7GOixfPp0KNd8A5ErPXbwD5Q5tjKBrb09F2x0%3D&reserved=0

190-0457-CN (SS) Page 1 of 27

PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

SUBMIT TO:

PINELLAS COUNTY BOARD OF

COUNTY COMMISSIONERS

400 S. FT. HARRISON AVENUE

ANNEX BUILDING – 6TH FLOOR

CLEARWATER, FL 33756

REQUEST FOR QUALIFICATIONS

PROPOSAL

PROFESSIONAL SERVICES -

CONTINUING

AS GOVERNED BY FLORIDA STATUTE 287.055

ISSUE DATE:

June 18, 2020

PROPOSAL SUBMITTALS RECEIVED AFTER SUBMITTAL DATE & TIME WILL NOT BE

CONSIDERED

TITLE: Utilities Continuing Professional Engineering Services RFP NUMBER: 190-0457-CN (SS)

SUBMITTAL DUE: August 4, 2020 by 3:00 P.M.

AND MAY NOT BE WITHDRAWN FOR 120 DAYS FROM DATE LISTED ABOVE.

PRE-PROPOSAL DATE & LOCATION:

NOT APPLICABLE

DEADLINE FOR WRITTEN QUESTIONS: July 23, 2020 BY 3:00 P.M.

SUBMIT QUESTIONS TO: SUE STEELE, CPPB AT ssteele@pinellascounty.org

Phone: 727-464-4776 Fax: 727/464-3925

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.

MERRY CELESTE, CPPB

Purchasing and Risk Management

PROPOSER MUST COMPLETE THE FOLLOWING

NO CHANGES REQUESTED BY A PROPOSER WILL BE CONSIDERED AFTER THE RFP OPENING DATE AS ADVERTISED. BY SIGNING THIS PROPOSAL FORM YOU ARE AGREEING TO ALL PROPOSAL TERMS AND CONDITIONS INCLUDING ALL INSURANCE

REQUIREMENTS.

Proposer (COMPANY NAME): D/B/A

Mailing Address City, State Zip

Company Email Address Phone Fax

Remit to Name (as Shown on Company Invoice Printed Contact Representative/Title/Email

Proper Corporate Identity is needed when you submit your bid, especially how your firm is registered with the Florida Division of Corporations.

Please visit www.sunbiz.org for this information.

I HEREBY AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS RFP & CERTIFY I AM AUTHORIZED TO SIGN THIS RFP FOR

THE PROPOSER

AUTHORIZED SIGNATURE PRINT NAME & TITLE

RETURN THIS FORM WITH YOUR PROPOSAL

http://www.sunbiz.org/

190-0457-CN (SS) Page 2 of 27

SECTION A – GENERAL CONDITIONS

PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

1. SUBMISSION OF PROPOSAL:

(a) PUBLIC REVIEW AT BID OPENING:

Proposals will be received thru BidSync but should be accompanied by an equivalent electronic PDF file. The preferred method is PDF conversion from the Contractors source files (to minimize file size and maximize quality and accessibility) rather than scanning.

Pursuant to Florida Statute, Section 119.071(1)(b)2, all bids submitted 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.

(b) Proposals must follow the format of the RFP and structure their responses to follow the sequence of the RFP when submitting a proposal. County staff will evaluate the proposals received, based on responsiveness to the evaluation criteria and based on the information being provided in the required sequence.

(c) Proposers must have experience in work of the same or similar nature and must provide references that will satisfy the County. Proposer must furnish a reference list of at least four (4) customers for whom they have performed similar services and must provide information as specified in Section D.

(d) Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead County to declare any such term non-negotiable. Proposer’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award.

2. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS:

No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents.

All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing (mail or fax) to the Purchasing Department and received no later than the deadline specified in RFP. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the proposal. All such addenda shall become part of the contract documents. The County will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. The Purchasing Department will be unable to respond to questions received after the specified deadline.

3. RIGHTS OF PINELLAS COUNTY IN REQUEST FOR PROPOSAL PROCESS:

In addition to all other rights of the County under Florida law, the County specifically reserves the following:

a) Pinellas County reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual proposer does not require negotiation with others.

b) Pinellas County reserves the right to select the proposal that it believes will serve the best interest of Pinellas County.

c) Pinellas County reserves the right to reject any or all Requests for Proposals. The respective constitutional officer, county administrator on behalf of the board of county commissioners or within his/her delegated financial approval authority, or Director of Purchasing, within his/her delegated financial approval authority shall have the authority when the public interest will be served thereby to reject all proposals or parts of proposals at any stage of the procurement process through the award of the contract.

d) Pinellas County reserves the right to cancel the entire Request for Proposal.

e) Pinellas County reserves the right to remedy or waive minor informalities or irregularities, or immaterial errors in the Request for Proposal or in proposals submitted.

f) Pinellas County reserves the right to request any necessary clarifications or proposal data without changing the terms of the proposal.

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PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

4. COSTS INCURRED BY PROPOSERS:

All expenses involved with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement.

5. ORAL PRESENTATION:

An oral presentation may be requested at the evaluation committee’s discretion. If an oral presentation is requested, it will be based on the evaluation of the written proposal’s submitted, a minimum of three (3) highest ranked firms, (if at least three firms submitted and are deemed qualified to proceed) shall be shortlisted and may be invited to an oral presentation. The average scores from the written evaluation phase will be carried forward (for shortlisted firms) and combined with average scores from the oral presentation process for one total average score potential of 2,000 points.

(1,000 points from the written and 1,000 points from the oral).

6. CONFLICT OF INTEREST:

a) The Proposer 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 Proposer further represents that no person having any such interest shall be employed by him/her during the agreement term and any extensions. In addition, the Proposer shall not offer gifts or gratuities to County Employees as County Employees are not permitted to accept gifts or gratuities. By signing this proposal document, the Proposer acknowledges that no gifts or gratuities have been offered to County Employees or anyone else involved in this competitive proposal process.

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

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

(727) 45FRAUD (453-7283)

Fax – 727-464-8386

7. WITHDRAWAL OF PROPOSAL:

A proposal may be withdrawn prior to the time set for the proposal submittal, based on a written request from an authorized representative of the firm; however, a proposal may not be withdrawn after the time set for the proposal submittal for a period of time as specified.

8. LATE PROPOSAL OR MODIFICATIONS:

Proposal and modifications received after the time set for the proposal submittal will not be considered; however, modifications in writing received prior to the time set for the proposal submittal will be accepted. In addition, late proposals will not be accepted, will be rejected and will be returned for any reason. . This upholds the integrity of the proposal process.

9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:

The laws of the State of Florida apply to any purchase made under this Request for Proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(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 contract.

190-0457-CN (SS) Page 4 of 27

PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

10. RIGHT TO AUDIT:

Pinellas County reserves the privilege of auditing a vendor's records as such records relate to purchases between Pinellas County and said vendor. Such audit privilege is provided for within the text of the Pinellas County Code §2- 156 through §2-176(j). Records should be maintained for five (5) years from the date of final payment.

11. SCRUTINIZED COMPANIES AND PUBLIC ENTITIES CRIME ACT:

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 bid 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 bid for and perform the services subject to the requirements of these, and other applicable, laws. Contractor agrees that any contract awarded to Contractor will be subject to termination by the County if Contractor fails to comply or to maintain such compliance.

12. COUNTY INDEMNIFICATION:

If the CONSULTANT is an individual or entity licensed by the state of Florida who holds a current certificate of registration under Chapter 481, Florida Statutes, to practice architecture or landscape architecture, under Chapter 472, Florida Statutes, to practice land surveying and mapping, or under Chapter 471, Florida Statutes, to practice engineering, and who enters into a written agreement with the COUNTY relating to the planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development or improvement, the CONSULTANT will indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Agreement.

13. TERMINATION:

a) Pinellas County reserves the right to terminate this contract without cause by giving thirty (30) days prior notice to the contractor in writing 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 discretion of Pinellas

c) In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the

Proposer of such occurrence and Agreement shall terminate on the last day of current fiscal period without penalty or expense to the County.

d) In addition to all other legal remedies available to Pinellas County, Pinellas County reserves the right to terminate and obtain from another source, any items which have not been delivered 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 order as determined by Pinellas County.

14. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS:

The Contractor shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the County. If a proposer intends to subcontract a portion of this work, the proposer must disclose that intent in the proposal. 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 contract, 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 a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement.

190-0457-CN (SS) Page 5 of 27

PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

15. 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 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.

16. 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 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.

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PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT RFP – Professional Services Continuing Contract REVISED: 02-2020

(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 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 protests.

17. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:

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

18. SERVICES AGREEMENT:

A written agreement, in substantially the form attached, will be prepared by the County, signed by the successful proposer and presented to the Board of County Commissioners, County Administrator or Director of Purchasing for approval and signature.

19. OWNERSHIP OF DOCUMENTS:

(a) Drawings, specifications, designs, models, photographs, reports, surveys, calculations, and other data provided in connection with this RFP are and shall remain the property of the County whether the project for which they are made is executed or not. Such finished or unfinished documents, data, calculations, studies, surveys, specifications, drawings, maps, models, photographs and reports prepared by the Consultant shall be delivered by the Consultant to the County at the conclusion of the project or the termination of the Consultant’s services.

(b) When such documents are provided to other parties, the Consultant shall ensure return of the County’s property by collecting a deposit equal to the cost of reproduction.

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20. INDEPENDENT CONTRACTOR STATUS AND COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL

ACT OF 1986:

Consultant acknowledges that it is functioning as an independent contractor in performing under the terms of this contract, and it is not acting as an employee of Pinellas County. The consultant acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of the contract shall be considered a material breach and shall be grounds for immediate termination of the contract.

21. PROHIBITION AGAINST CONTINGENT FEE:

The consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this contract.

22. TRUTH IN NEGOTIATIONS:

The Consultant certifies to truth-in-negotiation and that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. Further, the original contract amount and any additions thereto shall be adjusted to exclude any significant sums where the County determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. Such adjustments must be made within one (1) year following the end of the contract.

23. JOINT VENTURES:

All Proposers intending to submit a proposal as a Joint Venture are required to have filed proper documents with the

Florida Department of State, the Division of Professions, Construction Industry Licensing Board and any other state or local licensing Agency prior to submitting the proposal (see Section 489.119 Florida statutes).

Joint Venture Firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal joint venture Agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project.

24. PAYMENT/INVOICES:

SUPPLIER shall submit invoices for payment due as provided herein with such documentation as required by Pinellas County and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department:

Finance Division Accounts Payable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757

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Each invoice shall include, at a minimum, the Supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the Supplier also include the information shown in below. The County may dispute any payments invoiced by SUPPLIER in accordance with the County’s Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process.

INVOICE INFORMATION:

Supplier Information Company name, mailing address, phone number, contact name and email address as provided on the PO

Remit To Billing address to which you are requesting payment be sent

Invoice Date Creation date of the invoice

Invoice Number Company tracking number

Shipping Address Address where goods and/or services were delivered

Ordering Department Name of ordering department, including name and phone number of contact person

PO Number Standard purchase order number

Ship Date Date the goods/services were sent/provided

Quantity Quantity of goods or services billed

Description Description of services or goods delivered

Unit Price Unit price for the quantity of goods/services delivered

Line Total Amount due by line item

Invoice Total Sum of all of the line totals for the invoice

Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas County does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information please visit Pinellas County purchasing website at www.pinellascounty.org/purchase.

25. TAXES:

The County is exempt from all state and federal sales, use, transportation and excise taxes. Taxes of any kind and character, payable on account of the work performed and materials furnished under the award, shall be paid by the proposer and deemed to have been included in the RFP. The Laws of the State of Florida provide that sales and use taxes are payable by the proposer upon the tangible personal property incorporated in the work and such taxes shall be paid by the proposer and be deemed to have been included in the RFP

26. DISPUTE RESOLUTION FOR PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS IN MATTERS OF

INVOICE PAYMENTS:

Payment of invoices for work performed for Pinellas County Board of County Commissioners (County) is made, by standard, in arrears in accordance with Section 218.70, et. seq., Florida Statutes, the Local Government Prompt Payment Act.

If a dispute should arise as a result of non-payment of a payment request or invoice the following Dispute Resolution process shall apply:

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A. Pinellas County shall notify a vendor in writing within ten (10) days after receipt of an improper invoice, that the invoice is improper. The notice should indicate what steps the vendor should undertake to correct the invoice and resubmit a proper invoice to the County. The steps taken by the vendor shall be that of initially contacting the requesting department to validate their invoice and receive a sign off from that entity that would indicate that the invoice in question is in keeping with the terms and conditions of the agreement. Once sign off is obtained, the vendor should then resubmit the invoice as a “Corrected Invoice” to the requesting department which will initiate the payment timeline.

1. Requesting department for this purpose is defined as the County department for whom the work is performed.

2. Proper invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Pinellas County.

B. Should a dispute result between the vendor and the County about payment of a payment request or an invoice then the vendor should submit their dissatisfaction in writing to the Requesting Department. Each Requesting Department shall assign a representative who shall act as a “Dispute Manager” to resolve the issue at departmental level.

C. The Dispute Manager shall first initiate procedures to investigate the dispute and document the steps taken to resolve the issue in accordance with section 218.76 Florida Statutes. Such procedures shall be commenced no later than forty-five (45) days after the date on which the payment request or invoice was received by Pinellas County, and shall not extend beyond sixty (60) days after the date on which the payment request or invoice was received by Pinellas

D. The Dispute Manager should investigate and ascertain that the work, for which the payment request or invoice has been submitted, was performed to Pinellas County’s satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is defined as the Pinellas County representative who is designated as the approving authority for the work performed in the contractual document. The Dispute Manager shall perform the required investigation and arrive at a solution before or at the sixty (60) days timeframe for resolution of the dispute, per section 218.76, Florida Statutes. The County Administrator or his or her designee shall be the final arbiter in resolving the issue before it becomes a legal matter. The County Administrator or his or her designee will issue their decision in writing.

E. Pinellas County Dispute Resolution Procedures shall not be subject to Chapter 120 of the Florida Statutes. The procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which would prohibit a court from ruling again on any action resulting from the dispute.

F. Should the dispute be resolved in the County’s favor interest charges begin to accrue fifteen (15) days after the final decision made by the County. Should the dispute be resolved in the vendor’s favor the County shall pay interest as of the original date the payment was due.

G. For any legal action to recover any fees due because of the application of sections 218.70 et. seq., Florida Statutes, an award shall be made to cover court costs and reasonable attorney fees, including those fees incurred as a result of an appeal, to the prevailing party If it is found that the non-prevailing party held back any payment that was the reason for the dispute without having any reasonable lawful basis or fact to dispute the prevailing party’s claim to those amounts.

27. INSURANCE:

Notice: The Contractor/Vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below (Section C). Failure to provide the required insurance within a ten (10) day period following the determination or recommendation of the highest ranked firm may result in the County to vacate the original determination or recommendation and proceed with recommendation to the second highest ranked firm.

28. 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.

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To the extent that Proposer/Bidder/Quoter 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 Proposer/Bidder/Quoter shall provide an additional copy of the proposal/bid/quote that redacts all designated trade secrets. By submitting materials that are designated as trade secrets and signature of the Proposer/Bidder/Quoter Signature Page, Proposer/Bidder/Quoter 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 Proposer/Bidder/Quoter 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 10 calendar days from the date of notification or Proposer /Bidder/Quoter will be deemed to have waived the trade secret designation of the materials;

(ii) that to the extent that the proposal/bid/quote with trade secret materials is evaluated, the County and it officials, employees, agents, and representatives in any way involved in processing, evaluating, negotiating contract terms, approving any contract based on the proposal/bid/quote, 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 contract 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 Proposer/Bidder/Quoter, 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 Statues and Pinellas County public record policies. Proposer/Bidder/Quoter 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 Statues.

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

29. 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 contract, contact the Pinellas County Board of County Commissioners, Purchasing and Risk Management Department, Operations Manager custodian of public records at 727-464-3311, purchase@pinellascounty.org, Pinellas County Government, Purchasing and Risk Management Department, Operations Manager, 400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756.

30. SMALL BUSINESS ENTERPRISE (SBE) PROGRAM

It is the policy of the Board of County Commissioners that SBE certified firms have the maximum opportunity to participate on County projects either as a prime or sub-consultant. To be certified as a Pinellas County SBE, firms must apply through Pinellas County Economic Development.