3-C. GENERAL CONDITIONS 103025.pdf

IMPORTANT! - PLEASE READ CAREFULLY BEFORE RESPONDING

GENERAL CONDITIONS

1. ACCEPTANCE/REJECTION/MODIFICATION TO RESPONSES

The County reserves the right to negotiate modifications to the responses that it deems acceptable, to reject any or all responses, to request and consider additional information and/or clarifications from any firm, and to waive minor irregularities and technical defects. The County reserves the right to seek new responses when it determines that it is in its best interest to do so.

Failure to include all the forms required to be included with any response will result in the Offeror being deemed nonresponsive and will result in rejection of the response.

2. ACKNOWLEDGMENT OF AMENDMENTS

Offerors must acknowledge receipt of all amendments (addenda) to the solicitation in their response. The acknowledgment should be received by the County by the opening/closing date, time and place indicated on the solicitation cover. Failure to acknowledge addenda may impact evaluation and/or result in rejection or disqualification of response(s).

3. AMERICANS WITH DISABILITIES ACT

Pasco County does not discriminate upon the basis of any individual’s disability status.

This non-discrimination policy involves every aspect of the County’s functions including one’s access to, participation, employment, or treatment in its programs or activities.

Anyone requiring reasonable accommodation to the solicitation documents or for the public meetings related to any solicitation should contact the Purchasing staff member named on the solicitation summary at least twenty-four (24) hours in advance of the meeting. Requests for accommodation may also be directed to the Human Resources Department, Internal Services Building, 7536 State Street, New Port Richey, FL 34654 at

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

4. APPLICABLE LAW

The resulting contract shall be governed in all respects by the laws of the State of Florida, and any litigation with respect thereto shall be brought in the courts of Pasco County, Florida. The Consultant shall comply with all applicable Federal, State, and local laws and regulations. Lack of knowledge by the Offeror will in no way be a cause for relief from responsibility.

5. ASSIGNMENT

The successful Consultant shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, or delegate the duties hereunder without the prior written consent of the County.

6. BUSINESS NAME REQUIREMENT

The Offeror must provide on the Offeror/Certification Form, Contract, and all remittance of invoices for payment, the business name that is provided on their W9 Form. Additionally, if there is a name change and/or EIN number that is changed at any time, the Offeror must immediately notify the Purchasing Department as to the change and provide all supporting documentation.

7. CANCELLATION

Pasco County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the Consultant of the intention to cancel, or with cause if at any time the Consultant fails to fulfill or abide by any of the terms or conditions specified. Failure of the Consultant to comply with any of the provisions of a resulting contract will be considered a material breach of contract and shall be cause for immediate termination of the contract at the sole discretion of Pasco County. In addition to all other legal remedies available to the County, Pasco County reserves the right to cancel and obtain from another source any services which have not been provided within the required period of time, or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by the County.

8. CHANGES IN SHORT-LISTED FIRMS/PROJECT TEAMS

Any personnel changes in a short-listed firm, after the submission of the response to this request, could result in reconsideration of the scoring of applicable evaluation criteria. Any changes in a short-listed firm should be brought to the attention of the County as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individuals being substituted, must be submitted to the Purchasing Director, prior to oral presentations, or if no oral presentations are conducted, prior to consideration of approval of the award by the Board of County Commissioners. Reconsideration may result in changes to the short-listing or rankings.

9. CLARIFICATIONS (PRE-AWARD)

If any party contemplating the submission of a response is in doubt as to the true meaning of any part of the scope of work or other aspects of the solicitation, a written request for an interpretation should be submitted. Questions or requests for interpretations shall clearly state, in detail, the basis for such question(s) or request(s) including a reference to the specific paragraph or language in the solicitation.

Modifications to solicitations will be made only by properly issued written addenda. All such addenda shall become part of the solicitation and resulting contract documents.

Pasco County shall only be responsible for explanations or interpretations that are issued in accordance herewith. No oral interpretations will be made as to the meaning of the scope of work or any other solicitation documents. Failure to comply with this provision may result in the Offeror waiving his/her right to dispute any aspect of the solicitation. Questions concerning this request must be submitted in writing to the Pasco County Purchasing Department through the Vendor Discussions tab in the Messages section for this specific solicitation on Bonfire. Offerors are cautioned that any statements made by individuals, or employees of Pasco County, that materially change any portion of this request shall not be relied upon unless subsequently ratified by a formal written amendment.

10. COMMUNICATIONS DURING SOLICITATION AND LOBBYING PROHIBITION

10.1 Communicating with or lobbying of evaluation committee members, county government employees, or elected officials (including County Commissioners) regarding requests for responses, requests for qualifications, bids, or contracts by the Consultants or any member of the Consultant's staff, an agent of the Consultant, or any person employed by any legal entity affiliated with or representing an organization that is responding to the requests for proposal, requests for qualification, bid or contract outside a publicly noticed meeting specifically called to address this particular solicitation is strictly prohibited.

Nothing herein shall prohibit a prospective Consultant from contacting the Purchasing Director, or Purchasing staff identified in the solicitation, to address concerns or grievances or receive clarification about a particular procurement. In addition, nothing herein shall prohibit a Consultant that has been shortlisted in the Notice of Intent to Award from engaging in contract negotiations with the County staff designated to negotiate the contract.

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

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

11. CONFLICT OF INTEREST

The Offeror, by responding to this request, certifies that to the best of his/her knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the offer of services specified in this request.

12. CONTRACT TERM AND REQUIREMENTS

It is the County’s intent to develop a contract for the services specified herein, contingent upon the appropriation of funds. The contents of the response submitted by the successful firm, with any amendments or subsequent revisions, will become part of the resulting contract. A copy of the County’s standard agreement for professional services is attached within this solicitation and incorporated herein by reference and made a part hereof.

13. COPYRIGHT

The successful Consultant shall irrevocably transfer, assign, set over, and convey to Pasco County all rights, title, and interest, including the sole exclusive and complete copyright interest, in any and all copyrightable works created pursuant to the resulting contract. The Consultant further agrees to execute such documents as Pasco County may request to affect such transfer or assignment. Further, the Consultant agrees that the rights granted to Pasco County by this paragraph are irrevocable. The Consultant's remedy in the event of termination of or dispute over any agreement entered into as a result of this Request for Statements of Qualifications shall not include any right to rescind, terminate, or otherwise revoke or invalidate in any way the rights conferred pursuant to the provisions of this paragraph. Similarly, no termination of any agreement entered into as a result of this Request for Statements of Qualifications shall have the effect of rescinding, termination, or otherwise invalidating the rights acquired pursuant to the provisions of this paragraph.

14. DEBARMENT

By submitting a response, the Offeror certifies that it is not currently debarred from submitting bids, responses or other responses for contracts issued by any political subdivision or agency of the State of Florida, nor the U.S. Government, and that it is not an agent of a person or entity that is currently debarred from submitting such responses for contracts issued by any subdivision or agency of the State of Florida, or the U.S.

Government.

15. DRUG FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, Offerors may certify in their response that they have implemented a drug free workplace program. If two or more responses are deemed equal, preference will be given in the award process to the Offeror who has furnished such certification with their response.

16. ETHICS IN PUBLIC PROCUREMENT

The resulting contract shall incorporate by reference, but shall not be limited to, the provisions of law contained in Chapter 112, Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By submitting a response, the Offeror certifies that its submission was made without collusion or fraud;

that it has not offered or received any kickbacks or inducements from any other consultant, supplier, manufacturer, or subcontractor in connection with this submission;

and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of value.

17. E-VERIFY REQUIREMENT

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

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

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

18. EXPENSES INCURRED IN PREPARING RESPONSE

The County accepts no responsibility for any expense incurred by the Offeror in the preparation and/or presentation of a response. Such expenses shall be borne exclusively by the Offeror.

19. FAILURE TO ENFORCE

Failure by Pasco County at any time to enforce the provisions of the resulting contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of Pasco County to enforce any provision at any time in accordance with its terms.

20. FAILURE TO PERFORM

In the event of failure of the Offeror to perform the services in accordance with the contract terms and conditions agreed upon, Pasco County may procure the services from other sources and hold the Offeror responsible for any resulting additional costs. A failure to perform will result in immediate termination of a resulting contract, and immediate disqualification and debarment from submitting bids or responses to Pasco County for a maximum of five (5) years. These remedies shall be in addition to any other remedies that Pasco County may have available.

21. INDEPENDENT CONTRACTOR

The selected firm shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The selected Consultant shall represent that it has, or will secure at its own expense, all personnel required in performing the services under the contract. Such employees shall not be employees of or have any individual contractual relationship with the County.

22. INFORMALITIES AND IRREGULARITIES

The County reserves the right to reject any or all responses in whole or in part; or accept any response which is deemed most advantageous and in the best interest of the County.

23. INSURANCE REQUIREMENTS

The Consultant shall not commence any work pursuant to a contract resulting from this solicitation (“contract”) until satisfactory proof of all insurance required hereunder has been provided to and approved by the County. It shall be the responsibility of the Consultant to ensure that all Sub-Consultant(s) performing services pursuant to the contract comply with the insurance requirements of this provision. The Consultant shall furnish to the County certificate(s) of insurance in the form required by County and, if requested by the County, Consultant shall provide certified copies of all required insurance policies. The certificate(s) of insurance shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required for strict compliance with the contract and that no reduction in coverage or in limits, suspension, or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. All certificate(s) of insurance shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each insurance policy required by this contract shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail (return receipt requested) has been given to the County to the attention of the Pasco County Risk Management Department, 7536 State Street, New Port Richey, Florida 34654. In the event any insurance coverage expires prior to the expiration of the contract, a renewal certificate shall be issued thirty (30) days prior to said expiration. Compliance with the foregoing requirements shall not relieve the Consultant of any liability and/or other obligations pursuant to the contract. Neither approval by the County, nor a failure to disapprove insurance certificates or policies furnished by the Consultant, shall release the Consultant from full responsibility of all liability or its obligations under the contract.

All insurance policies shall be issued by responsible companies authorized to do business under the laws of the State of Florida. Said insurance companies shall have an "A" policyholders' rating, have a financial rating of at least Class VIII in accordance with the most current Best Key Rating Guide, and shall be satisfactory to the County. Policies of insurance required by the contract shall be primary insurance with respect to the County, its officials, agents, or employees. Any insurance or self-insurance maintained by the County or its officials, agents, or employees, shall be in excess of the Consultant’s insurance and shall not contribute with it. All policies of insurance required by the contract, except Workers' Compensation and Errors and Omissions Liability, shall specifically provide that Pasco County, Florida, a political subdivision of the State of Florida, by and through its Board of County Commissioners and its officials, agents, or employees shall be "additional insureds" under the policy and listed as a certificate holder. The insurance coverage and limits provided herein are designed to meet the minimum requirements of the County.

Any deductibles or self-insured retentions must be declared and approved by the COUNTY and are the responsibility of the Consultant. The minimum kinds and limits of coverage to be carried by the Consultant throughout the Effective Period shall be as follows:

a. Workers' Compensation and Employer's Liability:

Coverage shall be for the statutory limits in compliance with the applicable State and Federal laws. The policy must include employer's liability with a limit of $100,000.00 each accident. The insurer shall agree to waive all rights of subrogation against the COUNTY, its officials, agents, and employees. In case any employee is engaged in any hazardous work pursuant to this contract and is not protected under the Workers' Compensation statute, the Consultant and any subconsultant(s) shall provide for adequate insurance coverage to protect these employees.

b. Comprehensive General Liability:

Comprehensive general liability shall include premises and/or operations, products and/or competed operations, broad form of property damage, coverage, independent contractor, and contractual liability, and shall be written on an "occurrence basis."

Bodily injury and personal injury, including death:

$1,000,000.00 each person $3,000,000.00 aggregate

Property damage:

$1,000,000.00 each occurrence $3,000,000.00 aggregate

c. Comprehensive Automobile Liability:

Comprehensive automobile liability shall include owned vehicles, hired, and non-owned vehicles, and employees' non ownership.

Bodily injury and personal injury, including death:

$1,000,000.00 combined single limit

Property damage:

$1,000,000.00 combined single limit

d. Errors and Omissions Liability:

$1,000,000.00 aggregate

Consultant shall maintain during the term of the contract standard professional liability insurance in the minimum amount of $1,000,000.00 per occurrence.

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

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

2. The term "County" or "Pasco County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pasco County. Each policy shall require that thirty (30) days prior to expiration, cancellation, nonrenewal, or any material change in coverage or limits, a notice thereof shall be given to County by certified mail to: Pasco County Risk Management Department, 7536 State Street, New Port Richey, Florida 34654. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal, or material change in coverage received by said contractor from its insurer; and nothing contained herein shall absolve contractor of this requirement to provide notice.

3. Pasco County Board of County Commissioners shall be endorsed to the required policy or policies as an additional insured and shall be listed as a certificate holder.

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

5. Consultant hereby waives subrogation rights for loss or damage against the

24. LAW COMPLIANCE

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

25. NON-APPROPRIATION

All funds for payment by the County under the resulting contract are subject to the availability of an annual appropriation for this purpose by the County. In the event funds are not appropriated by the County for the subject services, the County will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year ending on September 30th or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Consultant on thirty (30) days' prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this contract beyond the date of termination.

26. NONCONFORMING TERMS AND CONDITIONS

A response that includes terms and conditions that do not conform to the terms and conditions in the RFP, bid or other type of solicitation document is subject to rejection as nonresponsive. Pasco County reserves the right to permit the Offeror to withdraw nonconforming terms and conditions from its response prior to a determination by

Pasco County of non-responsiveness based on the submission of nonconforming terms and conditions.

27. NON-DISCRIMINATION

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

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

27.2 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to the state or any department or agency of this state (“public entity”);

may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

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

28. OFFICIAL DOCUMENTS

Pasco County is not responsible for expenses incurred prior to award. Pasco County officially distributes solicitation documents through an electronic solicitation system, Bonfire, which can be accessed by following the link to the Pasco County Procurement Portal at https://pascocountyfl.bonfirehub.com.

Solicitation documents MUST be downloaded at NO COST using this system Copies of solicitation documents obtained from other sources are not considered official and should not be relied upon. Pasco County is not responsible for solicitation documents obtained from sources other than Bonfire.

Only vendors who properly register and obtain solicitation documents directly from Bonfire will be able to review addenda and other important information if issued. Vendors are responsible for acquiring knowledge of changes, https://pascocountyfl.bonfirehub.com/ modifications, or additions to official solicitation documents. Vendors who submit responses and later claim they did not receive complete documents or had no knowledge of any change, modifications, or additions made to the official solicitation documents shall still be bound by the solicitation, including any changes, modifications, or additions to the official solicitation documents. IF YOU OBTAINED A

SOLICITATION DOCUMENT FROM A SOURCE OTHER THAN BONFIRE, IT IS REQUIRED

THAT YOU REGISTER AS A VENDOR AND DOWNLOAD THE OFFICIAL DOCUMENT AT THE

WEBSITE LISTED AT THE LINK ABOVE AT NO COST.

29. ORAL STATEMENTS

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this solicitation or resulting contract. All modifications to the solicitation, resulting contract or purchase order must be made in writing by Pasco

30. PARTNERSHIPS/CORPORATIONS/AGENTS

30.1 When an Offeror is a partnership or joint venture, the response must be signed in the name of the partnership or joint venture and by all persons or entities required to do so under the terms of their partnership or joint venture contract.

Any existing written underlying partnership or joint venture contracts must be included as part of the response. A cover letter may be used to satisfy the signature requirements. When an Offeror is a corporation, the authorized corporate officer signing the response must set out the corporate name in full beneath which said officer must sign his/her name and give title of his/her office.

The response must also bear the seal of the corporation. Anyone signing the response as officer or other agent must file with it legal evidence of the authority to do so. Offerors who are or include corporations or limited partnerships must furnish a duly executed certificate of status from the Florida Department of State.

30.2 The person(s) signing the response must certify under oath on the Offeror

Information/Certification Form provided with this solicitation that is required to be included with any response submitted, that the information contained in the response is true and accurate. Each Offeror understands that by submitting a response that the County will rely in part on such certification in selecting the short-listed firms/teams. Failure to submit the documents requested above with the response or within 24 hours of a request made by the County may be the basis for rejection of the response. The 24-hour window does not apply to the Offeror Information/Certification Form, but rather to the production of supporting documents specified in the first paragraph of this section, which include verification the signer has authority if the vendor is a corporation;

copies of partnership or joint venture agreements; and/or an executed status form from the Department of State if the vendor is a partnership or corporation.

Such documents must be effective as of the date of the response. When applicable, short-listed design-build entities will be required to show evidence of having filed with the State of Florida for registration of their design-build entity within 15 days of announcement of the short list.

31. PERFORMANCE EVALUATION

The County will complete a performance evaluation following the completion and/or expiration of the final contract awarded under this RSQ. Performance Evaluations will be provided to the awardee for feedback. Performance Evaluations will be public record and used during reviews for future related awards.

32. PRINCIPAL PERSONNEL

Principal or key personnel identified in the response may not be substituted without prior written approval of the County. Replacements for key personnel under contract must have equivalent professional qualifications and experience as those individuals listed in the response. Approval of substituted personnel will not be unreasonably withheld by the County.

33. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS

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

34. PUBLIC ENTITY CRIMES STATEMENT

Pursuant to Sections 287.133(2) and (3), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit response for leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Additionally, a conviction of a public entity crime may form the basis for the rejection of a bid, offer, or response by the County, or for termination of a contract with the County. The County may make inquiries regarding alleged convictions of public entity crimes at any time. The unreasonable failure of an Offeror to promptly supply information in connection with any such inquiry shall be adequate grounds for rejection of a bid, offer, or response, or for termination of a contract.

35. PUBLIC INFORMATION

All responses presented to the County as a result of this solicitation, any and all information contained therein is considered public and may be reviewed by any persons interested in doing so as provided under Sections 119.071 and 255.0518, Florida Statutes.

All materials submitted in response to this solicitation ultimately become public record and shall be subject to inspection and copying as provided under Florida’s public records laws. Unrestricted disclosure of proprietary information places it in the public domain.

Only submittal information clearly identified with the words “Confidential Disclosure” and placed in a separate envelope marked as such shall be considered to qualify as Trade Secret Data. Any material to be treated as Trade Secret Data must include a justification for the request. The request will be reviewed and either approved or denied by the County. If denied, the Offeror shall have the opportunity to withdraw the entire response or to remove the confidential or proprietary restrictions. Neither cost nor pricing information nor the total response shall be considered confidential or proprietary. Any costs to preserve the Trade Secret data designation shall be the responsibility of the Offeror.

36. RECOVERY OF MONEY

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

37. RESERVATION OF RIGHTS

The County, at its own discretion, may (1) amend or modify this request, (2) revise requirements of this request, (3) require supplemental statements or information from any firm, (4) accept or reject any or all responses, (5) extend the deadline for submission of responses, (6) negotiate or hold discussions with any Consultant and to waive defects and allow corrections of deficient responses which do not completely conform to the instructions contained herein, and (7) cancel this request, in whole or in part, if the County deems it in its best interest to do so. The County may exercise the foregoing rights at any time without notice and without liability to any offering firm or any other party for their expenses incurred in the preparation of response or otherwise.

38. RESPONSE OR BID RECEIPT AND OPENING

Responses must be uploaded through the County’s electronic solicitation system, Bonfire, unless otherwise indicated in the Solicitation Package. All forms must be printed, completed, and signed (if noted), and submitted via Bonfire for the designated solicitation. All forms must be signed, in blue or black ink, in order to be considered. If the Proposer is a business entity, the proposal must show the title of the individual executing the response. The Proposer must submit signatory authority documentation showing that the individual executing the bid has the authority to obligate the business entity if the individual is not (1) a general partner of the partnership; (2) the president of the corporation or company; or (3) the manager, member manager, or an authorized person (as shown by the Department of State filing) of the limited liability company.

RESPONSESS MAY NOT BE ALTERED OR AMENDED AFTER THE RSQ POSTING CLOSES.

39. RIGHT TO AUDIT

The Consultant shall maintain such financial records and other records as they relate to the purchase of goods and services by the County from the successful Offeror selected.

The Consultant shall retain these records for a period of five (5) years after final payment, or until they are audited by the County, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five

(5) year period for examination, transcription, and audit by the County, its designees, or other authorized bodies.

40. SCRUTINIZED COMPANIES AND OTHER PROHIBITED ENTITIES OR ACTIVITIES

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

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

215.4725, or is engaged in a boycott of Israel; or

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

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

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

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

40.3. The COUNTY may terminate this Agreement if the BIDDER’s certification above is found to be false; has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria. In addition to possible termination of this Agreement based on the above grounds, the County will comply with section 287.135, Florida Statutes, regarding submittal of a false certification.

41. STATE LOBBYING PROHIBITION

41.1 A state agency, water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.

41.2 Pursuant to Section 216.347, Florida Statutes, the use of funds provided by a resulting Contract for the purpose of lobbying the Legislature, the judicial branch, or a state agency is prohibited.

42. TRUTH-IN-NEGOTIATION CERTIFICATION

By submitting a response, the Offeror certifies that the wage rates and costs used to determine the compensation provided for in a resulting contract will be accurate, complete and current as of the date of the resulting contract and no higher than those charged the Offeror’s most favored customer(s) for the same or substantially similar services. The said rates and costs shall be adjusted to exclude any significant sums should the County determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The County may exercise its rights under this “certification” within one (1) year following final payment.

43. UNSATISFACTORY WORK

If, at any time during the contract term, the service performed or work done by the selected Consultant is considered by Pasco County to create a condition that threatens the health, safety, or welfare of the community, the Consultant shall, on being notified by Pasco County, immediately correct such deficient service or work.

In the event the Consultant fails, after notice, to correct the deficient service or work immediately, Pasco County shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Consultant. Notwithstanding the above, Pasco County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the Consultant of the intention to cancel.

44. VENDORS LIST

Consultants must visit the Pasco County Procurement Portal on Bonfire at https://pascocountyfl.bonfirehub.com, to register as a vendor. Once registered, vendors will have the ability to view and download solicitations for the Pasco County Board of County Commissioners as well as other participating government agencies in North America.

END OF GENERAL PROVISIONS

https://pascocountyfl.bonfirehub.com/