Bayou_Grande_Watershed_Management_Plan.pdf

REQUEST FOR PROPOSAL

PD 26-27.007

BAYOU GRANDE WATERSHED MANAGEMENT PLAN

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: November 2, 2026

DEADLINE FOR QUESTIONS: November 30, 2026

RESPONSE DEADLINE: December 7, 2026, 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

Bayou Grande Watershed Management Plan

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Professional Errors and Omissions

7. Evidence/Certificates of Insurance

8. Vendor Submissions

9. Evaluation Process

10. Evaluation Criteria

Attachments:

A - Attachment_1_-_Restore_Grant

B - Attachment_2_-_FDEP_Agreement

C - Exhibit.FederalContractProvisions_10.22.26

Request For Proposal #PD 26-27.007 Title: Bayou Grande Watershed Management Plan

1. Introduction

1.1. Summary

Overview

Escambia County is requesting proposals from qualified professional firms or multi-disciplinary teams to produce the Bayou Grande Watershed Management Plan (WMP). The selected consultants will work with Escambia County, community members, technical experts, and project partners to develop a comprehensive, community-informed Watershed Management Plan.

The project tasks shall be coordinated so that watershed findings and community priorities inform the entirety of the project. The chosen consultant will be responsible for coordinating with NAS Pensacola to ensure successful project implementation.

Project Description

The project is intended to develop a comprehensive Watershed Management Plan for Bayou Grande and its surrounding watershed. The planning process shall be informed by public engagement, stakeholder collaboration, participatory planning, Best Available Science (BAS), Best Management Practices (BMPs), and the identification and prioritization of implementable projects.

The WMP shall synthesize available data to identify watershed vulnerabilities, opportunities, and potential projects to address stormwater, water quality, habitat, shoreline erosion, coastal resiliency, public access, and community resiliency.

Purpose and Objectives

This project is intended to:

• Address the unique challenges of the Bayou Grande Watershed.

• Develop a transparent, data-driven, community-informed list of prioritized implementation projects.

• Develop conceptual designs, cost estimates, funding strategies, permitting considerations, property needs and implementation timelines for prioritized projects.

• Develop a funding and implementation strategy to help the County diversify funding.

• Protect critical assets and natural resources.

• Reduce vulnerability of public and private infrastructure.

• Address flooding and stormwater vulnerabilities, including compound flooding.

• Establish monitoring, maintenance, and adaptive management recommendations.

1.2. Background

Project Area and Existing Conditions

The Bayou Grande Watershed is located in the southwestern portion of Escambia County and the

Warrington neighborhood of Pensacola. The watershed encompasses approximately 11,000 acres (17 square miles). The State of Florida uses Waterbody IDs (WBID) to identify and assess surface waters.

Bayou Grande is identified by WBID #548F and its surrounding watershed is identified by WBID #740.

The county intends for the project area to encompass the surface-water and contributing-watershed area represented by these WBIDs. Definitive geographic limits of the project will be confirmed by

Escambia County.

The Bayou Grande Watershed is the largest and least developed of Escambia County’s three urbanized bayous and contains significant wetlands. NAS Pensacola borders the southern shoreline, and the northern shoreline is primarily residential. Existing studies have identified sediment contamination including trace metals, polycyclic aromatic hydrocarbons (PAHs), dioxins/furans, and polychlorinated biphenyls (PCBs), although pollutant sources across the watershed remain undetermined. Bayou Grande is also impaired for Enterococci, though a source tracking study and TMDLs have not yet been completed.

The consultant shall review and incorporate, as appropriate, existing studies and information provided by the County, including the Partnership for Environmental Research and Community Health (PERCH) reports, Stormwater Advisory Team (SWAT) reports, Escambia County’s existing stormwater planning documents, and the Dogtrack/Blue Angel study completed using RESTORE Pot 1 funding.

Grant, Regulatory and Planning Requirements

The selected consultant shall perform the services in a manner consistent with the applicable requirements of the funding sources and controlling documents. The Bayou Grande WMP is funded through the Escambia County’s RESTORE Direct component (Pot 1) allocation and a Florida Department of Environmental Protection (FDEP) Resilient Florida Grant. All work completed shall be consistent with the purposes described in the Notice of Award (NOA) from all granting agencies.

The consultant shall account for, as applicable:

• Florida Emergency Management Agency (FEMA) Mitigation Planning Practices

• Florida Division of Emergency Management (FDEM) and Community Rating System (CRS) criteria for Watershed Management Planning

• Escambia County’s Local Mitigation Strategy (LMS)

• Existing planning documents, vulnerability assessments, and other studies related to the watershed

• Best Available Science and Best Management Practices

Escambia County will provide applicable NOAs, grant work plans, agreements, and other controlling documents to the selected consultant.

Project Partners and Stakeholders

The consultant shall routinely coordinate with partners and stakeholders identified by the County, including but not limited to:

• Pensacola and Perdido Bay Estuary Program (PPBEP) – will serve as Technical Experts to help communicate information to the public during public engagements.

• Naval Air Station, Pensacola

• Warrington Revitalization Committee & CRA

• Bayou Grande Watershed Management Technical Advisory Committee

• Emerald Coast Utility Authority

• Florida Department of Transportation

• Florida Department of Environmental Protection

• Florida Department of Emergency Management

• Other federal, state, and local interests identified during project initiation

1.3. Contact Information

Travis Simmons

Purchasing Grant Coordinator

213 Palafox Place

Pensacola, FL 32502

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Natural Resources

1.4. Timeline

Release Project Date November 2, 2026 mailto:rtsimmons@myescambia.com tel:(850)595-4918

Pre-Solicitation Meeting (Non-Mandatory) November 12, 2026, 1:00pm

Office of Purchasing

213 Palafox Pl. 2nd Floor

Pensacola, FL 32502

Join us on Teams:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/215034331733

8781?p=7Ap10kusRsbbmM2hYK

Meeting ID: 215 034 331 733 878 1

Passcode: S6bY9BA3

Need help? | System reference

Dial in by phone

+1 863-333-5817,,842849217# United States, Lakeland

Find a local number

Phone conference ID: 842 849 217#

Question Submission Deadline November 30, 2026, 12:00pm https://teams.microsoft.com/meet/2150343317338781?p=7Ap10kusRsbbmM2hYK https://teams.microsoft.com/meet/2150343317338781?p=7Ap10kusRsbbmM2hYK

Submission Deadline December 7, 2026, 1:00pm

Office of Purchasing

213 Palafox Pl. 2nd Floor

Pensacola, FL 32502

Join us on Teams:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/273747725385

5613?p=bFkHbICUoZFDaN6qBC

Meeting ID: 273 747 725 385 561 3

Passcode: cr2Dv6RS

Need help? | System reference

Dial in by phone

+1 863-333-5817,,512070217# United States, Lakeland

Find a local number

Phone conference ID: 512 070 217#

2. Scope of Work

2.1. Watershed Management Plan Scope of Work

The following scope establishes minimum requirements. Respondents may recommend additional tasks or deliverables that they determine necessary to meet the project objectives.

At minimum, project activities shall be consistent with FEMA standards for mitigation planning for CRS purposes and shall include public engagement, stakeholder engagement, project coordination, and data synthesis, culminating in a Watershed Management Plan that lists and prioritizes potential future projects to address the needs of the watershed.

A. Data Synthesis and Existing Conditions

The consultant shall assess existing watershed information and identify any gaps in the current data. At minimum the assessment shall consider:

• Watershed boundaries and drainage areas

• Stormwater infrastructure, outfalls, capacity, and known deficiencies

• Existing and historic land use, development, and impervious cover

• Critical assets

• Water quality and sediment quality https://teams.microsoft.com/meet/2737477253855613?p=bFkHbICUoZFDaN6qBC https://teams.microsoft.com/meet/2737477253855613?p=bFkHbICUoZFDaN6qBC

• Public access and recreation

• Previous studies, models, and recommendations

• Known environmental impairments and pollutant-source information

• Fish and wildlife habitat, wetlands, and shoreline conditions

B. Public Outreach and Participatory Planning

Public engagement shall be a core component of the project that begins at project initiation and continues through project closeout. A Technical Advisory Group will be organized by the County and meet periodically to help guide decision making and provide subject matter expertise on existing watershed data.

Additionally, the Consultant shall apply a participatory planning process in which community members and stakeholders meaningfully contribute to problem identification, evaluation of tradeoffs, prioritization of projects, and review of recommendations.

The consultant shall develop and implement a Stakeholder Engagement Plan that addresses the following:

• Stakeholder identification and outreach

• Public meetings and stakeholder workshops

• Methods for reaching property owners, neighborhood groups, and local interests

• Methods for documenting, evaluating, and responding to stakeholder input

For every public meeting held, the consultant shall provide an agenda, presentation materials, participant information, and a summary documenting input and outcomes.

C. Project Identification and Implementation Strategy

The consultant shall develop a comprehensive list of potential projects based on technical assessment, BAS, BMPs, County priorities, and community input. Where appropriate, green infrastructure, nature-based solutions, low-impact design, riparian restoration, floodplain expansion, and hybrid approaches shall be evaluated before reliance on traditional gray infrastructure.

Each project shall include, at minimum:

• Project Description and location

• Problems addressed and supporting technical findings

• Community/stakeholder rationale

• Conceptual designs and graphics

• Cost estimates

• Potential funding strategies

• Potential partners

• Permitting requirements

• Property acquisition or easement needs

• Operations and maintenance considerations

• Implementation Timeline

D. Project Prioritization

The consultant shall develop a transparent, data-driven prioritization methodology with County and stakeholder input. Criteria shall include:

• Flood-risk reduction

• Water-quality benefits

• Habitat and ecological benefits

• Coastal resilience

• Cost effectiveness

• Constructability

• Permitting feasibility

• Property requirements

• Funding potential

• Partnership opportunities

• Long-term sustainability

• Community support

• Opportunity to address multiple watershed priorities

The consultant shall document how community input influenced project prioritization.

E. Monitoring & Data Collection

The consultant shall coordinate with Escambia County's Natural Resources Department and Water

Quality Management Program to support integration with ongoing water quality monitoring efforts and future plans.

F. Watershed Management Plan

The final WMP shall be comprehensive, implementable, adaptable, and aligned with FDEM/CRS requirements. At minimum, it shall include:

• Executive Summary

• Purposes goals and objectives

• Watershed characterization

• Existing and historic conditions

• Prioritized project list and conceptual designs

• Cost estimates

• Project identification and prioritization methodology

• Land acquisition feasibility

• Supporting technical documentation

• Funding and implementation strategies

• GIS and Mapping

• Graphics to support decision making

• Monitoring and adaptive management recommendations

The consultant shall coordinate with FDEM to ensure that the WMP meets the minimum requirements for a creditable WMP under the CRS. Escambia County will be responsible for obtaining the signature of the LMS chairperson for adoption in the next LMS update.

The WMP shall include clearly defined, data-driven, measurable goals and shall identify roles for the

County, project partners, and other stakeholders. Additionally, the WMP shall be designed to help the

County pursue and leverage diverse sources of funding.

G. Deliverables – At minimum, project deliverables shall include:

• Detailed project schedule and milestone schedule

• Stakeholder Engagement Plan

• Data inventory and data gap assessment

• Public meeting agendas, presentations, graphics, and other engagement materials

• Meeting attendance, summaries/minutes, and stakeholder input documentation

• Community input and response matrix

• Community priorities report

• Project identification matrix and prioritization methodology

• Prioritized project list

• Preliminary cost estimates

• Funding and implementation strategy

• Conceptual designs and graphics

• Draft WMP

• Final WMP

• Summary of FDEM and/or other regulatory agency coordination, compliance and outcomes

• Any GIS files, mapping, modeling results and technical reports as specified by awards

• Final community engagement outcomes report

2.2. Public Outreach and Stakeholder Engagement

Outreach and engagement shall commence at the beginning of the project and continue throughout the entirety of both Phase 1 and Phase 2:

• Develop and implement a stakeholder engagement plan that documents how participatory planning was gathered, incorporated, and communicated throughout each stage of the project.

• Identify opportunities to leverage resources, gain technical expertise, and share responsibilities through program partnerships.

• Hold public outreach/stakeholder engagement meetings, prepare presentations, document attendance and input, and summarize outcomes.

2.3. Optional Services

A. Data Collection, Inventory and Characterization – If significant gaps in data are identified, the consultant shall draft and implement a data collection plan to accomplish project objectives.

B. Additional Public Outreach

2.4. Proposal Submission

Proposals shall be limited to 30 pages. This does not include the Purchasing required documents.

Respondents shall organize SOQs in the following order:

Tab 1—Introduction

• Provide organization information and address, including point of contact name, phone, and email.

• Provide a brief narrative summarizing the firm’s understanding of the scope of work and project goals.

Tab 2—Project Approach and Work Plan

• Provide a draft workplan outlining key milestones and deliverables for the project.

• Describe proposed strategy for stakeholder engagement.

• Include estimated project schedule.

Tab 3—Project Experience

• Briefly describe projects within the last 5 years of similar scope and complexity, with date completed, summary of services provided, organization/client for whom services were provided, and other relevant information.

Tab 4—Availability and Qualifications of Key Personnel

• Provide a list of key personnel who will be working on the project, along with their availability within the specified project time.

• Include relevant certifications and licenses, roles, and responsibilities, and any subcontractors to be utilized.

Tab 5 - Pricing

• Provide initial pricing estimate for services

Tab 6—Escambia County Purchasing Documents (does not count towards page #s)

• Please upload all required documents from Vendor Submission.

3. Solicitation Terms & Conditions

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

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

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

Pre-Proposal 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 through the e-procurement portal hosted by OpenGov, 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 solicitation 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 solicitation closing. Addenda will be provided to each respondent via email and will be 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 respondent. Each respondent is required to submit with the proposal a written acknowledgment to confirm receipt of any and all addenda. No respondent 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 proposal, the Respondents 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. Respondent 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 Proposal

The Proposal shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. The proposal must be executed by an individual 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. The proposal shall include evidence of respondent’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 in the proposal, and Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

Recommended Proposal Preparation Guidelines

All respondents shall provide a straightforward and concise description of their ability to meet the proposal requirements. The proposal shall clearly show the technical approach to include work tasks, estimated time phasing and the proposed approach. The County discourages overly lengthy or costly proposals, all proposals shall be submitted in one electronic file.

Integrity of Documents

Respondents shall use the original solicitation documents in the format provided by the Escambia

County Office of Purchasing and enter information only in the spaces where a response is requested.

Submittal of Proposal

A proposal shall be submitted no later than the date and time prescribed in the Request for Proposal and shall be accompanied by all required documents. It is the respondent’s responsibility to ensure that its proposal is delivered at the proper time.

https://procurement.opengov.com/portal/escambiacountyfl

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

The Purchasing Department reserves the right to extend the solicitation due date within ten (10) minutes of the proposal opening when the required number of proposals has not been received. Any extension will be determined by the Purchasing Department and communicated prior to the scheduled proposal opening to prospective respondents through OpenGov.

Identification of Subconsultants/Changes After the Fact

After submitting a proposal in response to this solicitation, respondents are prohibited from substituting, modifying, or amending the sub-consultants identified in the submittal at any time during the course of the solicitation process up to the final award of contract and including question and answer sessions, presentations or technical clarifications and submittals as may be required by the

Review/Selection Committee. A substitution or addition of sub-consultants or any other material changes to the submittal after the initial response will cause the submittal to be invalid for review and selection purposes.

Withdrawal of Submittals

Any respondent may withdraw its submittal, either personally or by written request, at any time prior to the scheduled time for opening submittals. Requests to alter or withdraw an offer must be submitted in writing to the Purchasing Director. Submittals may not be altered or unilaterally withdrawn by the respondent after the scheduled time for submittal opening. All offers 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.

Proposal to Remain Subject to Acceptance

All proposals will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after opening Submittals.

Conditional or Incomplete Proposals

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

Addition/Deletion of Item(s)

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

Changes to Specification

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 Respondent fail to comply with this provision, Respondent will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

https://procurement.opengov.com/portal/escambiacountyfl/projects/322552?section=undefined

Disqualification of Respondents

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

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

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

• Uncompleted work which in the judgment of the County might hinder or prevent the 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 solicitation or default under a previous contract.

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

Investigation of Respondent

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

Negotiations

Should negotiations be required, the contents of the proposal of the successful firm shall become a basis for contractual negotiations.

Evaluation of Proposals and Award of Contract

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

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

Escambia County reserves its right to reject any or all Proposals, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Proposals. The County further reserves the right to reject the Proposal of any Respondent whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating Respondents, the County may consider the qualifications of

Respondents 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 as a part of the Proposal.

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

Award

Award shall be made on an “all-or-none total” basis.

Form of Agreement

The Contract form shall be provided by the Office of Purchasing. The successful respondent shall, within

5 days after receipt of the Notice of 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 proposal or re-solicit and charge against the respondent 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 respondent shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Escambia

County Risk Manager before the successful respondent 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, judgements, and costs of suit, including attorneys' fees and paralegals' fees, 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 any one 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.

4. General Terms and Conditions

Any and all Supplemental Terms and Conditions and specifications referenced within the solicitation that 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 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:

The Cone of Silence shall prohibit any communication regarding a solicitation between prospective respondents, including bidders, proposers, contractors, lobbyists, consultants, or their representatives; and any County Commissioner, County employee, evaluation committee member, or any other individual involved in or able to influence the procurement process, except as expressly permitted herein.

This policy applies to all competitive procurement methods, including, but not limited to, Invitations to Bid (ITB), Requests for Proposals (RFP), Requests for Qualifications (RFQ), and

Invitations to Negotiate (ITN).

The Cone of Silence shall be in effect from the time of public advertisement of a solicitation until occurrence of either of the following:

1. Final action by the Board of County Commissioners; or

2. Cancellation of the solicitation.

During the Cone of Silence period, the following are strictly prohibited:

o Any oral, written, electronic, or other communication regarding the solicitation outside of the authorized process;

o Contact through third parties, intermediaries, or representatives intended to influence the procurement; or o Attempts to obtain non-public information or provide information not made available to all respondents.

The following communications are permitted:

o Written inquiries submitted through the designated procurement platform (e.g., OpenGov) to the assigned Purchasing Representative. All official responses to vendor inquiries shall be issued through formal addenda;

o Communications during any duly noticed pre-bid or pre-solicitation meeting; or o Communications made during any related publicly noticed Board meeting.

Sanctions. Violation of the Cone of Silence may result in one or more of the following sanctions:

o Disqualification of the respondent;

o Rejection of a bid or proposal;

o Termination of negotiations;

o Suspension or debarment, as provided in the Escambia County Code of Ordinances; or o Contract termination, if discovered post-award.

The County reserves the right to investigate any alleged violation and to require disclosure of all communications related to the procurement. Failure to cooperate with such an investigation may result in disqualification or contract termination.

Ignorance of this policy shall not be considered a valid defense.

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.

8. 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. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County, unless loss or damage results from negligence by the County. The contractor shall be responsible for filing, processing, and collecting all damage claims.

19. Samples: Samples of items shall be furnished at no expense to the County. If not destroyed and upon written request, samples will be returned at the contractor’s expense. Each sample shall be labeled with the contractor’s name, manufacturer’s brand name, and serial number (as appropriate), solicitation number, and item reference. Requests to return samples must be received within 10 days after the solicitation opening date and must be accompanied by instructions with the applicable shipping authorization number and name of carrier. If instructions are not received, sample items become the sole property of the County and may be disposed of at the County’s discretion.

20. Protests: Any actual bidder/proposer who is aggrieved in connection with a pending award may submit a protest in writing to the Purchasing Director within two business days after the posting of the award recommendation as provided in Sec. 46-100, Escambia County Code of Ordinances.

21. Solicitation Expenses: The County accepts no responsibility for any expenses incurred by the offeror in the solicitation preparation and submittal as well as any other requirements as may be specified in the solicitation. All such expenses are borne solely by the offeror.

22. Taxes: Escambia County does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to the purchases of tangible personal property by contractors who use the tangible personal property in the performance of contracts for the improvement of County owned real property.

23. Invoicing and Payment: Payments shall be made in accordance with the Local Government

Prompt Payment Act, §§218.70, et seq., Florida Statutes, as amended.

24. Improper Invoice; Resolution of Disputes: Improper invoices for construction services and non-construction services will be processed in accordance with Sections 218.735(2)-(5) and

218.736(1), Florida Statutes, respectively. In the event a dispute occurs between a contractor and the County concerning payment of an original invoice, such dispute shall be finally determined by the County pursuant to the County’s Dispute Resolution Procedure established in accordance with

Section 218.76(2), Florida Statutes.

25. Conflict of Interest: The offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The offeror further represents that no person having any such interest shall be employed by it during the agreement term and any extensions. The offeror shall promptly notify the Purchasing Director, in writing, of any potential conflict of interest which may influence or appear to influence the contractor’s judgment or quality of services.

26. Contingent Fees: The offeror warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the offeror to solicit and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the offeror any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of an agreement. For the breach or violation of this provision, the County shall have the right to terminate any resulting contract without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

27. Code of Ethics; Gifts: The award hereunder is subject to the provisions of Chapter 112, Part III, Florida Statutes, regarding the Code of Ethics for Public Officers and Employees, and the Escambia

County Code of Ethics Policy. Contractors are required to promptly disclose to the Purchasing

Director any gifts or gratuities offered to or solicited by any County employee or public officer.

The right of the contractor to proceed may be terminated by the County if, after notice and hearing, the Purchasing Director determines that the contractor, its agent, or another representative offered or gave a gratuity, including, but not limited to, money, services, travel, entertainment, or gifts to an officer, official, or employee of the County under circumstances where it may be reasonably inferred that the action of the contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue all available legal remedies, including an action for breach of contract. The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

28. Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items prior to delivery, it shall be the responsibility of the contractor to provide written notice to the

Office of Purchasing identifying the applicable restrictions or regulation(s) that necessitate the alteration. The County reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County.

29. Legal Requirements: This solicitation shall be conducted in accordance with the provisions of the

Escambia County Purchasing Ordinance, and all applicable laws and regulations of the State of

Florida and the Escambia County Code of Ordinances shall apply to any resulting contract.

Applicable provisions of all federal, state, and local laws, ordinances, rules, and regulations shall govern development, submittal, and evaluation of all offers received in response hereto and shall govern any and all claims and disputes which may arise regarding this solicitation or any resulting contract; and lack of knowledge by any offeror shall not constitute a cognizable defense against the legal effect thereof.

30. Compliance with Laws: The contractor agrees to comply with all applicable federal, state and local laws, rules, policies, or guidelines related to this offer and the performance of any resulting contract, including, but not limited to, the requirements of the Americans with Disabilities Act

(ADA), the Occupational Safety and Health Act (OSHA), the Equal Employment Opportunity (EEO)

Act, and the Illegal Immigration Reform and Immigrant Responsibility Act, as amended, (8 U.S.C.A.

§1324a).

31. Patents and Royalties: In addition to any other indemnification obligation, the contractor shall hold harmless, indemnify and defend the County and its officers, agents, and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the offeror.

The contractor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the County’s alteration of the article. The

County will provide prompt written notification of a claim of copyright or patent infringement and will afford the contractor full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the contractor may, at its option and expense, procure the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood that the offered prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

32. Public Records: Any documents submitted in response to this solicitation may be subject to disclosure pursuant to the provisions of Florida’s Public Records Act, Chapter 119, Florida

Statutes. contractor waives any claim of confidentiality upon submission of its offer. Records that are exempt or exempt and confidential will not be disclosed to any third-party except as authorized by law. Pursuant to Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

33. Equal Employment Opportunity: In the performance of the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical handicap.

34. Contractor Personnel: The County shall, throughout the term of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the County reasonably rejects staff or subcontractors, the contractor shall provide replacement staff or subcontractors satisfactory to the County in a timely manner and at no additional cost to the County. The day- to-day supervision and control of the contractor’s employees and subcontractors is the sole responsibility of the contractor. Contractors who are suspended or debarred are prohibited from subcontracting.

35. Public Entity Crimes: Pursuant to Section 287.133(2), 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 an offer on a contract to provide any goods or services to a public entity, may not submit an offer on a contract with a public entity for the construction or repair of a public building or public work, may not submit offers 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 in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. The Sworn Statement on Public Entity

Crimes must be completed and submitted with the offer. Information as provided may be verified through the State of Florida.

36. Scrutinized Companies: Pursuant to Section 287.135, Florida…