Auctioneer_-_Re-Solicit_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

PD 24-25.146

AUCTIONEER - RE-SOLICIT

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: September 8, 2025

DEADLINE FOR QUESTIONS: September 15, 2025

RESPONSE DEADLINE: September 22, 2025, 1:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/escambiacountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Escambia County

REQUEST FOR PROPOSAL

Auctioneer - Re-Solicit

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions 3+1+1

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Insurance for Professional Services

7. Evidence/Certificates of Insurance

8. Evaluation Criteria & Process

9. Vendor Submissions

Request For Proposal #PD 24-25.146 Title: Auctioneer - Re-Solicit

1. Introduction

1.1. Summary

The Board of County Commissioners of Escambia County, Florida (County) is seeking proposals from interested and qualified firms with the ability to provide auctioneer services to include, but not limited to, the sale of heavy equipment, fire trucks, ambulances, vehicles, etc. The

County anticipates using the auctioneer(s) services 5 – 10+ times a year.

This Request for Proposal (RFP) is being released to invite interested and qualified firms to prepare and submit proposals in accordance with instructions provided that a successful candidate(s) will be selected and invited to enter into a contractual relationship with Escambia

County for the services outlined in this RFP (Agreement).

In this RFP, the terms Auctioneer, Proposer, Vendor, Contractor, Respondent, and Provider are used interchangeably unless the context indicates otherwise.

1.2. Background

Escambia County is the westernmost and oldest county in the state of Florida. The population was approximately 325,000 in 2022. The county seat and largest city is Pensacola. Escambia

County is included within the Pensacola Metropolitan Statistical Area. The County population has steadily increased as the City of Pensacola and the surrounding communities continue to grow with residential and commercial development. The County is part of the Northwest

Florida region of the state.

The County uses a variety of equipment to provide services to the citizens including, but not limited to, heavy equipment, fire trucks, ambulances, vehicles, jet skis, lawnmowers, and handheld construction equipment. Once the County surpluses items, the Auctioneer(s) will be required to conduct an auction or include the items in its next scheduled auction.

1.3. Contact Information

Kent Jensen

Purchasing Coordinator

213 Palafox Place, 2nd Floor

Pensacola, FL 32502-5822

Email: kmjensen@myescambia.com

Phone: (850) 595-4982

Department:

Purchasing

1.4. Timeline

Release Project Date September 8, 2025 mailto:kmjensen@myescambia.com tel:(850)595-4982

Question Submission Deadline September 15, 2025, 1:00pm

Submission Deadline September 22, 2025, 1:00pm

Microsoft Teams Meeting; Purchasing Small Conf

Rm 11.108 Phone 595-4942 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00M

WI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/

0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 220 694 084 526 3

Passcode: 3Hm3Bc7k

Dial in by phone

+1 863-333-5817,,398742412# United States, Lakeland

Find a local number

Phone conference ID: 398 742 412#

2. Scope of Work

2.1. Scope of Work

This Scope of Work (SOW) outlines the requirements and deliverables for providing auctioneer services.

1. Objectives o Once the County designates and delivers the items to the auctioneer, schedule the auction in a reasonable of time, or add items to regularly scheduled auctions.

o Maximize auction proceeds for each item auctioned.

2. Performance Metrics o The timeliness of auctioning items when delivered to the auctioneer o The marketing efforts for the County-owned items o The amount of money the County receives for the items

This Scope of Work is designed to ensure that the County maximizes its return on auctioned items.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmQ0MWJhZDUtZTYzZi00MWI5LWFlZjMtYTAzOWMyYmRjNzQ1%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d

2.2. Minimum Qualifications

To be considered for award of this contract, the successful Auctioneer(s) must meet the following minimum qualifications:

• Must be licensed and insured to conduct auctions

• Must have been an auctioneer for a minimum of five years

• Auction services location must be within 200 miles of Escambia County, Florida

2.3. Business Proposal

NOTE: Tab 8 - ADMINISTRATIVE REQUIREMENTS has vital information for this solicitation process and has forms that must be completed for proposals to be deemed responsive. Please make sure you review

Escambia County Required Forms and return all required information and forms in a separate tabbed section titled Tab 8 - Administrative Requirements, as instructed below.

Responses to this RFP must include all the information solicited in this RFP and may include additional data that the Respondent deems pertinent to the understanding and evaluating of the RFP. If any requested information is preceded by must, the Respondent must address the information in its response. Although Respondent may submit other information within the page limits or as exhibits/attachments (which evaluators are not required to review), Respondent should address the requested information as outlined in this section. Responses must be organized, and sections tabbed in the following order. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited.

Tab Title

1 Table of Contents

2 Cover Letter

3 Executive Summary

4 Qualifications & Experience

5 Operations

6 Financial Capability

7 Financial (Cost) Proposal

8 Administrative Requirements

Tab 1 – Table of Contents

Respondent should list elements of the RFP, as directed above, and identify any additional materials included in an appendix.

Tab 2 – Cover Letter (Limit – 3 pages)

Respondent must provide a summary including name, address, telephone number, fax number, email address, federal tax ID number, and name and title of contact person. If Respondent is a team, identify the members of the Respondent Team. Provide a description and organization chart of the legal structure of the Respondent Team and the legal nature of the business relationships among Respondent

Team members.

If a partnership, Respondent must state the full name, address and other occupation (if any) of each and every partner; whether he or she is full time or part time; whether each partner is a general or limited partner; and the proportionate share of the business owned by each partner. Respondent must provide a copy(ies) of the partnership agreement in an appendix.

If a joint venture or limited liability company, Respondent must state the names of the firms or individuals participating in the joint venture or limited liability company and the principal officers in each firm or names of the members of the limited liability company; and the proportionate share of the business owned by each joint venture, or the number of shares held by each member of the Limited

Liability Company. Include a copy of the joint venture agreement or Limited Liability Company's operating agreement in an appendix.

If a Corporation, Respondent must state the full name and title of each of the corporate officers. Also, include a copy of the Articles of Incorporation and Bylaws in an appendix. If the Respondent is a corporation, by the time a response is due, should the Respondent make the Short List, it must be certified with the Florida Secretary of State and have a corporate status in good standing. In the case of out-of-state corporation, it must present evidence of authority to do business in Florida.

If the Respondent is wholly owned by another entity, then provide sufficient information including an organization chart of the parent and upstream ownership entities for the County to understand the ultimate ownership and control.

Regardless of the structure of the entity, Respondent must provide sufficient information for the County to understand the ultimate ownership and control of Respondent. This must include information on any parent and upstream ownership entities, any voting rights and specific information on who has decision making authority for Respondent.

Auction Location

(miles from Escambia

County)

Dates of

Auction

Gross Financial

Guarantee, if

Provided

Average

Commission Paid by Client

Contact Brief Description (i.e., Type of equipment auctioned)

City, State MM/YY To

MM/YY

XXX/XXX Name

Entity

Title

Phone Number

E-Mail Address

Tab 3 – Executive Summary (Limit – 3 pages)

The Executive Summary should highlight the key features of the RFP response, the strengths of the

Respondent and explain the rationale for the specifics included in the RFP relative to the County’s objectives. Include the key members of Respondent including individual team members and any additional companies or entities. Resumes may be included in an appendix.

Tab 4 – Qualifications & Experience (Limit – 5 pages, not including the table)

This section is intended to inform the Evaluation Panel of Respondent’s experience and capabilities.

1. Describe the Respondent’s profile to include, but not limited to, the following:

o Date organized to provide auction services o Corporate organizational chart

2. Respondent must list and provide the information in the table below for a minimum of five (5) relevant auctions within the past five (5) years, as they relate to services like this proposal. The

Respondent must provide a client contact person, telephone number, and e-mail address for each client. If Respondent was dismissed from any of the listed auctions, Respondent must note such action and provide the reason for the dismissal (this may be provided in the last column).

See below for table format.

3. Respondent must provide a list of all accreditations, licenses, and other certification it currently possesses including type, accrediting agency, expiration date, etc. (may provide as an exhibit if lengthy).

4. Respondent must provide information for any litigation it, or its Team members, were a named party arising out of provision of auction services during the past five (5) years. The information should include, but not limited to, the following information:

o Title and jurisdiction of the litigation o Provide a descriptive summary for each case, e.g. nature of deficiency o Disposition of the litigation o Amount of damages awarded or settlement amount

5. Respondent should provide at least four (4) references other than the contacts listed in the above table. For each reference, Respondent must provide the business name, contact person, title, and telephone number.

Tab 5 – Operations (Limit – 5 pages`)

This section is intended to inform the Evaluation Panel of Respondent’s plan to provide services requested in this RFP. Respondent must demonstrate its ability to manage and support auctions the

County may utilize.

1. Specify where the auctions will take place, provide of the description of the auction site.

2. Describe how items to be auctioned will be safeguarded while in Auctioneer’s possession.

3. Provide the marketing strategy the Auctioneer uses to attract the most number of participants.

4. Describe how the auction proceeds are transferred to the County after auction? This must include a timeline of when the County can expect to receive it.

Tab 6 – Financial Capability

This section is intended to inform the Evaluation Panel of Respondent’s financial capability for financial responsibility to cover County assets in the Auctioneer’s possession through auction and payment to

County of it’s the share of auction proceeds.

1. Respondent must provide financial statements including the elements described below. All financial statements must either be audited and certified by a licensed public accountant or if unaudited, then accompanied by a notarized statement from the Chief Financial Officer certifying the accuracy of the financial information contained in such statements.

o Audited financial statements including a balance sheet, income statement and statement of cash flows, prepared in accordance with generally accepted accounting principles (GAAP), for the most recent three (3) complete fiscal years. Footnote disclosures and the accountants audit report must accompany the financial statements. If the most recent audited statements are for a period ending more than six months prior to the due date for the RFP response, then supplement your response by submitting unaudited year to date financial statements. If audited statements are not available for Respondent, then so state and submit unaudited statements for the equivalent time periods, accompanied by a notarized statement from Respondent’s Chief Financial Officer certifying the accuracy of the financial information contained in such statements.

o A signed statement from the Chief Financial Officer stating that there has been no material change in the financial condition of the company after the issuance of the last audited financial statements.

o If a Respondent Team is responding to this RFP and intends to organize as a partnership, limited liability partnership or joint venture or limited liability company, then the above-referenced financial information of each general partner, joint-venture member, or LLC member respectively, must be submitted. Individuals required to provide financial information must submit their three most recent personal tax returns and a current statement of net worth.

2. The County reserves the right to request additional information from Respondent or

Respondent Team to determine its financial capability.

3. Provide three financial references.

Tab 7 – Cost Proposal

1. Respondent must provide its list of commission percentages, fees, and optional charges, services rendered, etc., that it will require the County to pay. All fees and percentages must be in

U.S. dollars.

2. Respondent must describe its process for determining the auction value for items to maximize the proceeds the County may anticipate to receive.

3. Describe any types of guarantees the Auctioneer may provide.

Tab 8 – Administrative Requirements

Documents and information from the Vendor submission section.

3. Solicitation Terms and Conditions 3+1+1

3.1. Solicitation Terms and Conditions

Submission of a bid in accordance with these Terms and Conditions and the General Terms and

Conditions provided in Section IV below constitutes a binding offer from the bidder. The Terms and

Conditions incorporated herein will become a part of the written agreement between the parties.

Pre-Bid Inquiries

All inquiries concerning the solicitation, including, but not limited to, the scope of work, specifications, additional requirements, attachments, general or supplemental terms and conditions, must be submitted to the Office of Purchasing via email through the e-procurement portal hosted by OpenGov, Attention: Kent JensenPurchasing Coordinatorkmjensen@myescambia.com.

All questions or inquiries must be received no later than the last day for questions stated on the cover page of the solicitation. Any modification to the bid documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of bid closing.

Addenda will be provided to each bidder via email and posted to the Escambia County website at

Escambia County Solicitations (https://procurement.opengov.com/portal/escambiacountyfl). Such written addenda or modification shall be part of the solicitation documents and shall be binding upon each bidder. Each bidder is required to submit with the bid a written acknowledgment to confirm receipt of any and all addenda. No bidder may rely upon any verbal modification to or interpretation of the solicitation documents, and no interpretation shall be considered binding unless provided in writing by the Office of Purchasing as provided in this provision.

Examination of Documents and Site

Before submitting a bid, the bidders shall familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Bidders shall also examine all drawings, specifications, addenda, and other relevant documents to be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

Preparation of Bid

A bid form is included in these specifications. The bidder shall submit bids in accordance with the bid documents. The individual who signs the bid form must be listed as an authorized representative with the records on file with the Florida Division of Corporations website (Sunbiz) with the principal address provided below the signature.

All blanks in the bid documents shall be completed by printing in ink or by computer with the amounts extended, totaled and the bid signed. Any blanks in the bid form will be interpreted as a “No Bid” or “No

Cost” item. No changes shall be made to the phraseology of the form or in the items mentioned therein.

Any bid which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of the solicitation may be rejected.

The bid shall include evidence of bidder’s authority and qualification to do business in the State of

Florida. As applicable, a state contractor license # for the State of Florida shall also be included on the bid form. Bidder shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

The bid shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. Bids must include lump sum pricing. All proposed fees and costs must be broken down and disclosed in the bid.

Integrity of Documents

Bidders shall use the original bid documents provided by the Office of Purchasing and enter information only in the spaces where a response is requested. Bidders may use an attachment to the bid documents if sufficient space is not available. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, may constitute grounds for rejection of a bid. Any such https://procurement.opengov.com/portal/escambiacountyfl modification or alteration that a bidder wishes to propose must be clearly stated in the form of an addendum to the original bid documents.

Submittal of Bid

A bid shall be submitted no later than the date and time prescribed in the Invitation to Bid and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Office of Purchasing prior to the

Bid Opening. It is the bidder’s responsibility to ensure that its bid is delivered at the proper time and place. Offers by email, facsimile, or telephone will NOT be accepted.

Each bidder’s submittal shall include all the items listed in the Vendor Submissions section.

Withdrawal of Bids

A bidder may withdraw its bid, either personally or by written request, at any time prior to the scheduled time for Bid Opening. Requests to alter or withdraw a bid must be submitted in writing to the

Purchasing Director. Bids may not be altered or unilaterally withdrawn by the contractor after the scheduled time for bid opening. All bids not so withdrawn shall constitute an irrevocable offer and will remain subject to acceptance or rejection by the County for a period of 90 calendar days.

Bids to Remain Subject to Acceptance

All bids will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after the day of the bid opening. The County may, in its sole discretion, release any bid and return the bid security prior to the end of this period.

Conditional or Incomplete Bids

Escambia County specifically reserves the right to reject any conditional or incomplete bid.

Addition/Deletion of Item(s)

The County reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the County’s best interest.

Changes to Specifications

Specifications are based on the most current literature available. The Office of Purchasing must be notified in writing of any proposed changes to the manufacturer’s specifications, including, but not limited to, materials used, manufacturing process, or construction, that conflict with the specifications provided in the solicitation. Proposed changes must be explained in detail along with a copy of the relevant manufacturer’s specifications. Proposed changes to the specifications provided in the solicitation shall not be binding upon the County unless evidenced by a Change Notice issued and signed by the Purchasing Director. Should the bidder fail to comply with this provision, the bidder will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

Disqualification of Bidders

Any of the following reasons may be considered as sufficient for the disqualification of a bidder and the rejection of its bid:

https://procurement.opengov.com/portal/escambiacountyfl/projects/197466/document?section=undefined

• Submission of more than one bid for the same work from an individual, firm, or corporation under the same or different name. Evidence that the bidder has a financial interest in the firm of another bidder for the same work.

• Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the County until such participant has been reinstated as a qualified bidder.

• Incomplete work which in the judgment of the County might hinder or prevent the bidder’s prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the invitation to bid or default under previous contract.

• Listing of the bidder by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.

Investigation of Bidder

The County may make such investigations, as it deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest. The bidder shall furnish to the County any additional information and financial data for this purpose as the County may request.

Evaluation of Bids and Award of Contract

Escambia County will review all bids and will provide the recommendation to award to the County

Administrator, and the Board of County Commissioners. The County will award the bid to the most responsive and responsible firm(s) with the lowest responsive bid(s). The County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Escambia County shall be the sole judge of the bid and the resulting agreement that is in its best interest and its decision shall be final.

Escambia County reserves the right to reject any or all bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional bids. The County further reserves the right to reject the bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating

Bidders, the County may consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted with the Bid Form.

Escambia County reserves the right to waive any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid, and to accept the bid that in its judgment will best serve the interest of the County.

Award

Multiple Awards will be made based upon responsibility and responsiveness to the needs of the County.

It is the intent of the County to place Purchase/Task Orders with the responsive and responsible bidders who can provide the services based upon the needs of the County at the time.

Contract Term

A. The contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of Thirty-Six Months (36). The contract may be renewed for two (2) additional twelve (12) month periods, up to a maximum Sixty (60) months total upon mutual agreement of both parties. If any such renewal results in changes in the terms or conditions, such changes shall be reduced to writing as an amendment to the contract and such addendum shall be executed by both parties and approved by the Board of County Commissioners.

B. Renewal of the contract shall be subject to appropriation of funds by the Board of County

Commissioners.

C. The initiating County department(s) shall issue release (purchase) orders against the term contract on an “as needed” basis.

D. The contract may be canceled by the awarded firm, for good cause, upon ninety (90) days prior written notice.

E. The County retains the right to terminate the contract, with or without good cause, upon (30) days prior written notice.

F. In the event of termination by either party as provided herein, the awarded firm shall be paid for services performed through the date of termination.

Option to Extend the Term of the Contract (Not applicable to Lump Sum Agreements)

After exercising all options to renew, if it is determined that interim performance is necessary to allow for the solicitation and award of new contract, the County may extend this Agreement for up to an additional six (6) months. The County shall provide written notice to the Contractor no later than thirty

(30) days prior to the expiration of the last one (1) year renewal period. The exercise of the option shall be for the period specified and for the prices listed on the bid form. All other terms and conditions of the contract shall apply to the option periods.

Form of Agreement

The contract shall be provided by the Office of Purchasing. The successful bidder shall, within 5 days after receipt of the Intent to Award and the contract forms or documents, sign and deliver to the County

Legal Office all required contract documents. Failure to execute the contract within such period shall constitute a default, and the county may award the contract to the next responsive and responsible bidder or re-solicit and charge against the bidder the difference between the amount of the offer and the amount for which a contract is subsequently executed, irrespective of whether the amount due exceeds the amount of the bid surety. The awarded contractor shall also deliver the policies of insurance or insurance certificate(s) as required. All insurance documents shall be approved by the Risk Manager before the successful bidder may proceed with the work.

Indemnification

Offeror agrees to save harmless, indemnify, and defend County and their elected and appointed officials, agents, officers, and employees from any and all claims, losses, penalties, interest, demands, judgments, and cost of suit, including attorneys’ fees, and paralegals’ fee, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the work performed by Offeror under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted Offeror; or resulting from the use by Offeror, or by anyone for whom Offeror is legally liable, of any materials, tools, machinery or other property of County. County and Offeror agree the first $100.00 of the Contract Amount paid by County to Offeror shall be given as separate consideration for this indemnification, and any other indemnification of County by Offeror provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Offeror by Offeror’s acceptance and execution of the Agreement. The Offeror's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance.

The Offeror agrees to pay on behalf of Escambia County, as well as provide a legal defense for the County, both of which will be done only when requested by the County, for all claims made. Such payment on behalf of the County shall be in addition to all other legal remedies available to the County and shall not be the County's exclusive remedy.

Local Preference in Bidding

In accordance with Sec. 46-110(e) of the Escambia Code of Ordinances, all bid solicitation documents shall include the following notice to firms of the local firm preference policy:

a) Legislative Intent:

The Escambia County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in

Escambia County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a compelling public purpose for the benefit of the taxpayer and residents of Escambia County as such preference encourages local industry, employment opportunities, and increases the County’s overall tax base.

b) “Local Business” Defined:

For the purposes of this section, “Local Business” shall mean a business which meets all of the following criteria:

1. Has had a fixed office or distribution point located in and having a street address within Escambia

County of Santa Rosa County for at least one (1) year immediately prior to the issuance of the request for competitive bids by the County. The fixed office or distribution point must be staffed by at least one (1) employee. Post Office boxes are not verifiable and shall not be used for the purpose of establishing a physical address, and

2. Holds any business license required by Escambia County or Santa Rosa County, and

3. Is the principal Offeror who is a single Offeror; a business which is the prime Contractor and not a

Sub-Contractor, or a partner, or joint venture submitting an offer in conjunction with other businesses.

c) Certification:

Any firm claiming to be a local business as defined above shall so certify in writing to the Escambia

County Office of Purchasing. The certification shall provide all necessary information to meet the requirements provided herein. The purchasing agent shall not be required to verify the accuracy of any such certification and shall have the sole discretion to determine if a firm meets the definition of a

“Local Business.”

d) Preference in Purchase of Commodities and Services by Means of Competitive Bid:

Except where federal or state law, or any other funding source, mandates to the contrary, Escambia

County may give preference to local businesses in the following manner:

Competitive Bid (Local Price Match Option): Each formal competitive bid solicitation (i.e. sealed bids) shall clearly identify how the price order of the bids received will be evaluated and determined.

When a qualified and responsive, non-local business submits the lowest price bid amount between

$50,000.00 and $249,999.99, and the bid submitted by one or more qualified and responsive local businesses is within five percent (5%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

When a qualified and responsive, non-local business submits the lowest price bid amount between

$50,000.00 and $249,999.99, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated Community Redevelopment

Area (CRA) is within seven percent (7%) of the price submitted by the non-local business, then the local business located in a designated CRA with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualifies and responsive non-local bidder.

$250,000.00 and $999,999.99, and the bid submitted by one or more qualified and responsive local businesses is within three percent (3%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

$250,000.00 and $999,999.99, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated CRA is within five percent (5%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

When a qualified and responsive, non-local business submits the lowest price bid amount in excess of

$1,000,000.00, and the bid submitted by one or more qualified and responsive local businesses is within two percent (2%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

When a qualified and responsive, non-local business submits the lowest price bid amount in excess of

$1,000,000.00, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated CRA is within four percent (4%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

In such instances, staff shall first verify whether the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the purchasing department shall invite the lowest local bidder in writing to submit a matching offer which shall be submitted in writing to the Escambia

County Office of Purchasing within five (5) business days thereafter.

If the lowest local bidder does not respond or otherwise submits a written offer that does not fully match the lowest bid from the lowest non-local bidder tendered previously then award shall be made to the lowest overall qualified and responsive non-local bidder.

In the event a local bidder is awarded a contract pursuant to this section, any requests for change orders increasing the cost of the project must be approved by the Escambia County Board of County

Commissioners.

e) Notice:

All bid solicitation documents shall include notice to firms of the local preference policy.

f) Waiver of the Application of Local Preference:

The application of local preference to a particular purchase or contract for which the Board of County

Commissioners is the awarding authority may be waived upon approval of the Board of County

Commissioners.

g) Limitations:

1. The provisions of this section shall apply only to procurements which are above the formal bid threshold as set forth in the Escambia County Purchasing Code.

2. The provisions of this section shall not apply where prohibited by federal or Florida law, or where prohibited under the conditions of any grant.

3. The provisions of this section shall not apply to any purchase exempted from the provisions of the

Escambia County Purchasing Code.

4. The provisions of this section shall not apply to contracts made under the Consultants Competitive

Negotiation Act (CCNA), F.S. § 287.055.

h) Penalties:

1. Misrepresentation:

A firm who misrepresents the local preference status of its firm in a bid or proposal submitted to the

County will lose the privilege to claim local preference status for a period of up to one (1) year from the date of the award of the contract or upon completion of the contract, whichever is greater.

2. Failure to Maintain Local Business Preference Qualifications:

Any firm that does not maintain its local preference status resulted in the awarded contract shall be in breach of contract and will be subject to termination of the contract, suspension of payments under the contract, and loss of the local preference status on the contract awarded.

3. Lack of Good Faith:

The Contractor or firm may show that it attempted through reasonable and objective means and in good faith to comply with the terms of the contract relating to local businesses but was unable to comply. If the County determines that the Contractor or firm did not act in good faith, all amounts paid to the Contractor or firm under the County contract intended for expenditure with the local business shall be forfeited and recoverable by the County. In addition, the contract may be rescinded, and the

County may return all, or a portion of the goods received and recover all amounts paid under the contract for the goods which were returned.

Effective July 1, 2021, for any “competitive solicitation for construction services paid with ANY state appropriated funds, the County may not use a local preference ordinance to prevent a contractor from participating in the bidding process based upon; a) maintaining a local office; b) hiring employees or subcontractors within a particular jurisdiction; or c) prior payment of local taxes, assessments or duties. For any such solicitation, the County must disclose in the bid package that any applicable local ordinance or regulation does not include any such prohibited preference.” See §255.0991, Florida

Statutes.

4. General Terms and Conditions

The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety.

A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see

Bid information below), by telephoning the Office of Purchasing at 850-595-4980, by Fax at 850-595-

4806, or by email at purchasing@myescambia.com.

Note: Any and all Special Terms and Conditions, and any specifications referenced within the solicitation, which varies from these General Terms and Conditions shall have precedence. Submission of the Bidder’s/Proposer’s Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these

General Terms and Special Terms and Conditions constitutes an offer from the Offeror. The conditions incorporated herein become a part of the written Agreement between the parties.

Any and all supplemental Solicitation Terms and Conditions provided in section III above and the specifications referenced within the solicitation which vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and

Supplemental Terms and Conditions constitutes a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

Prospective offerors may utilize the Office of Purchasing Home Page to obtain Vendor Information and

Solicitation Information, including Bid/Proposal Tabulations, Recommended Award(s), etc. In order to mailto:purchasing@myescambia.com participate in a solicitation, offerors must establish an account via the e-procurement portal of the

County’s vendor management software hosted by OpenGov. Once the vendor registration is completed, the offeror will receive all notifications relating to the relevant solicitation via e-mail to the address registered with the account.

1.Sealed Solicitations: All solicitation forms shall be executed and submitted in the e-procurement portal of the County’s vendor management software. The file name shall contain the solicitation number and title and the contractor/vendor’s name. All solicitations are subject to the terms and conditions specified herein. Solicitation offers which do not comply with these terms and conditions are subject to rejection.

2.Execution of Solicitation: Solicitation forms shall be manually or electronically signed by an authorized representative in the space provided. Persons signing on behalf of a corporate entity must be identified as President or Vice President with the records on file with the Florida Division of Corporations or otherwise authorized by corporate resolution of the Board of Directors. Persons signing on behalf of a limited liability company must be identified as a managing member or other authorized representative with the records on file with the Florida Division of Corporations.

3.No Offer: If not submitting an offer, respond by selecting the “NO BID” option in the e-procurement portal of the County’s vendor management software, specify the reason in the drop-down menu, and confirm the “NO BID” before the expiration of the Submission Deadline.

4. Conduct of Participants: The following policy will apply to all solicitations:

Conduct of Participants.

After the issuance of any solicitation, all bidders/proposers/protestors, or individuals action on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County official, their agents or employees, or any member of the relevant Selection Committee at any time during the blackout period as defined herein;

provided, however, nothing herein shall prohibit bidders/proposers/ protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the

Purchasing Manager.

Definitions.

Blackout Period means the period between the time the bids/proposals for Invitations to Bid or the Request for Proposal, or Qualification, or Information, or Request for Letters of Interest, or the Invitation to Negotiate, as applicable, are received at the Escambia County Office of

Purchasing, and the time the Board awards the Contract and any resulting bid protest is resolved or the solicitation is otherwise cancelled.

Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees, or any member of the relevant Selection Committee, for or against a specific cause related to a pending solicitation.

5. Additional Terms and Conditions: No additional terms and conditions included with the offer will be considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. It is understood and agreed that the General and Supplemental Terms and

Conditions in this solicitation are the only terms and conditions applicable to this solicitation, and the contractor’s authorized signature affixed to the offer attests to this.

6. Mistakes: Contractors are expected to examine the specifications, delivery schedule, solicitation prices, extensions, and all instructions pertaining to supplies and services described in the solicitation. Failure to do so will be at contractor’s risk. In the event of an error in the extension of the unit price, the unit price will govern.

7. Prices: All offers shall include firm unit prices that include all packing, handling, shipping charges, and delivery to any point within Escambia County, Florida.

a. Discounts: Discounts for prompt payments shall not be considered when determining the lowest net cost for solicitation evaluation purposes except in cases of tie solicitations.

9. Product Literature: Offeror shall provide a copy of any relevant product literature and price list(s) with the offer.

10. Abnormal Quantities: Should any unusual or abnormal quantity requirements arise, the County reserves the right to solicit separate offers as a multiple award.

11. Additional Quantities: For a period not exceeding one hundred eighty (180) days from the date of the offer, the County reserves the right to purchase additional quantities at the prices offered in this solicitation. If additional quantities are not acceptable, the contractor must specify “OFFER IS FOR

SPECIFIED QUANTITY ONLY”.

12.Approved Equivalents: Any manufacturer’s name, trade name, brand name, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The contractor may offer any brand for which it is an authorized representative that meets or exceeds the specifications for any item(s). Customary measurements appearing in these specifications are not intended to preclude offers for commodities with metric measurements. If an offer includes equivalent products, indicate the manufacturer’s name and number. The contractor shall submit with its offer applicable cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Offers that do not comply with these requirements are subject to rejection.

13. Nonconformance to Specifications: Items may be tested for compliance with the contract specifications by a testing laboratory acceptable to the County. The County may require the contractor to reimburse all costs incurred by the County in connection with the examination or testing of the commodity, including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs should the items fail testing. The data derived from any tests for compliance with the contract specifications are public records and open to examination in accordance with Chapter 119, Florida Statutes. Items delivered that do not conform to the contract specifications may be rejected and returned at contractor’s expense. These items and items not timely delivered by the delivery date specified in the solicitation and/or purchase order may result in the contractor being found in default, in which event, any and all re-procurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in contractor’s name being removed from the Office of Purchasing registered vendor list, and the County not doing business with the contractor until such time as the County has been reimbursed for all re-procurement costs.

14. Service and Warranty: Unless otherwise specified, the offeror shall define any warranty service and replacements that will be provided at no cost to the County during and subsequent to the contract term.

15. Condition and Packaging: All items shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

16. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements, standards, and regulations of the

Occupational Safety and Health Act (OSHA).

17. Delivery: Delivery shall be Monday through Friday during regular business hours, excluding County designated holidays, unless otherwise specified. Unless a date is specified, contractor must provide the number of days required to make delivery after receipt of purchase order. The County may utilize delivery time as a factor for recommending the award.

18. Inspection, Acceptance and Title: Inspection and acceptance will be at “the place of destination” unless otherwise provided.