C006496 ITB.pdf

Invitation to Bid (with Best and Final Offers)

Issue Date: November 20, 2023

Title: Scale Maintenance & Certification

Bid #: C006496

Bids Due: December 12, 2023 @ 2:00 P.M. EST.

Submit Bids To: Central Florida Tourism Oversight District

Andrea Osinski, Senior Procurement Analyst bids@oversightdistrict.org

(689) 254-4346

SECTION 1. GENERAL INFORMATION

1.1 Central Florida Tourism Oversight District (“CFTOD”, “Owner”, or “District”) is issuing this solicitation for its

Utilities Department.

1.2 CFTOD requests qualified companies submit your bid and qualifications for consideration in the selection for the Scale Maintenance & Certification project.

1.3 All dates and information contained herein may be extended, changed, or updated within the listing by addendum issued by CFTOD.

SECTION 2. TIME SCHEDULE

2.1 The District will attempt to use the following time schedule which will result in the award of a contract.

DESCRIPTION DATE

MANDATORY Site Visit at 8:30 A.M. EST (Location and Instructions Provided in Section 3) November 30, 2023

All Written Questions and Inquiries are due on or before 5:00 PM EST December 6, 2023

Bid Packages due by or before 2:00 PM EST December 12, 2023

Bid Evaluation/ Best and Final Offers December 13, 2023

Final Bid Award Announced, on or around December 15, 2023 NOTE: These dates are estimated only and are subject to change.

SECTION 3. INSTRUCTIONS TO BIDDERS

3.1 Meeting location for the Mandatory Site Visit is at the following address:

South Service Area (“SSA”) Solid Waste Transfer Station (Meeko Conference Room) 2264 South Service Lane Bay Lake, Florida 32821 For all those who are attending the mandatory site visit please remember to bring/wear closed toed shoes, pants, and safety vest for the site visit.

mailto:bids@oversightdistrict.org

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3.2 All bids must be electronically submitted on or before 2:00 PM, on the listing end date/bid close date to bids@oversightdistrict.org for consideration.

3.3 Bids may not be submitted by any other means other than as described in Section 3.2. CFTOD will not accept bids sent by U.S. Mail, private couriers, or fax.

3.4 Any bids received after the stated time and date will not be considered.

3.5 Bids not conforming to the instructions will be subject to disqualification at the sole option of the District.

SECTION 4. INQUIRIES

4.1 All questions must be submitted electronically via email to Andrea Osinski at aosinski@oversightdistrict.org.

Responses will returned electronically, and provided to all bidders. In the Subject Line of the email, clearly indicate the following: C006496 Scale Maintenance & Certification.

4.2 If necessary, an addendum will be emailed to all bidders.

4.3 It is our normal policy in most cases that no addendum will be issued later than three (3) calendar days prior to the date for receipt of bids, except an addendum withdrawing the solicitation or one which includes postponement of the date for receipt of bids.

4.4 No verbal or written information which is obtained other than by information in this document, or by addendum, will be binding on the District.

SECTION 5. QUALIFICATION OF BIDDERS

5.1 Bidder must have previous experience with performing preventative maintenance, repairs, and certifications as outlined in EXHIBIT A – Scope of Services.

5.2 Bidders shall provide a reference list of at least two (2) clients where maintenance services and certifications have been provided in a similar capacity. It is at CFTOD’s discretion to determine if a Bidder is qualified based upon the submitted references. See EXHIBIT C – Client Reference List.

5.4 Veteran or BuyLocal qualified? Include your affidavit or certificate for consideration.

SECTION 6. LOBBYING/BIDDER CONTACT/ANTI-COLLUSION

6.1 BIDDERS ARE HEREBY ADVISED THAT CONTACT IS NOT PERMITTED WITH ANY CFTOD

PERSONNEL OR BOARD MEMBER DURING THE BID PERIOD RELATED TO OR INVOLVED WITH THIS

REQUEST. BIDDERS ARE RESTRICTED FROM DISCUSSING THEIR SUBMITTALS AND THIS

SOLICITATION WITH COMPETING FIRMS UNDER THIS SOLICITATION. ALL ORAL OR WRITTEN

INQUIRIES MUST BE DIRECTED THROUGH THE ASSIGNED PROCUREMENT PERSONNEL.

6.2 Any bidder or any individuals that lobby on behalf of the bidder or interact with other bidders during the time specified will result in rejection/ disqualification of their bid under said solicitation.

6.3 Bidders shall not divulge, discuss, or compare this solicitation with any other bidder or collude with any other bidder in the preparation of their bid in order to gain an unfair advantage in the award of this contract. By submitting a bid, Bidder acknowledges all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S.

SECTION 7. MODIFICATION OR WITHDRAWAL OF BID

7.1 A Bid may not be modified, withdrawn, or cancelled by the Bidder for ninety (90) days following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting its Bid. Prior to the date and time of receipt of Bids, a Bidder may withdraw its Bid and resubmit at any time before the date and time stipulated for receipt of Bids. The Bid Guarantee shall be in an amount sufficient for the Bid as modified or submitted.

mailto:aosinski@oversightdistrict.org

ITB # C006496 Page 3 of 5

SECTION 8. AWARD

8.1 CFTOD reserves the right to accept or reject any or all bids.

8.2 CFTOD reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request clarification or other information to evaluate any or all bids.

8.3 CFTOD will negotiate an agreement with the awarded bidder. If an agreement cannot be reached with the selected bidder, CFTOD reserves the right to negotiate with the next bidder (or subsequent bidder) until an agreement is reached.

8.4 The basis of award will be based off of unit pricing of the Items listed as Preventative Maintenance as listed on EXHIBIT B – Bid Pricing Form. The District

8.5 BuyLocal, Veteran, and Opportunity Zone qualified vendors receive a bid preference as noted in Procurement Policy

PRO-100.

• BuyLocal and Veterans:

o Contract awards $1,000,000 or less. If the Low Bidder is not a BuyLocal or Veteran Small Business and the lowest bid submitted by a responsive and responsible Veteran Small is within 5% of the bid of such Low Bidder, such Buy Local or Veteran Small Business will be deemed the lowest, responsive and responsible bidder and awarded the contract.

o Contract awards exceeding $1,000,000. If the Low Bidder is not a BuyLocal or Veteran Small Business whose bid is less than a $50,000 variance in price from the low bid, such Buy Local or Veteran Small Business will be deemed the lowest, responsive, and responsible bidder and awarded the contract.

• Opportunity Zone:

o Contract Awards $1,000,000 or less. If the Low Bidder is not located in a Qualified Opportunity

Zone, and the next lowest bid submitted from an Opportunity Zone vendor is within 10% of the low bid, such Opportunity Zone vendor will be proclaimed the low bid and deemed the awarded bidder.

o Contracts Awards Exceeding $1,000,000. If the Low Bidder is not located in a Qualified Opportunity Zone, and the next lowest bid submitted from a Opportunity Zone vendor is within 10% of the low bid and not more than $100,000 in difference, such Opportunity Zone vendor will be proclaimed the low bid and deemed the awarded bidder.

SECTION 9. BOND REQUIREMENTS

9.1 Bid Bond: Not applicable to this project.

9.2 Performance and Payment Bond: Not applicable to this project.

SECTION 10. DRAWINGS AND SPECIFICATIONS RELATED TO THIS PROJECT

10.1 Drawings: Not applicable to this project.

10.2 Specifications: See EXHIBIT A – Scope of Services.

SECTION 11. DELAY DAMAGES SUBJECT TO THIS PROJECT

The Owner may incur financial loss if the Work is not substantially and finally complete by the dates set forth in the Project Manual. The Contractor (and its Surety) shall be liable for damages in accordance with the applicable provisions of the Project Manual.

Liquidated damages: Not applicable to this project.

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SECTION 12. REQUIRED CLAUSES

12.1 MATERIALS. All materials submitted in response to this solicitation shall become the property of CFTOD.

12.2 COST INCURRED IN RESPONDING. All costs directly or indirectly related to bid preparation, representation or clarification shall be the sole responsibility of and be borne by the proposer.

12.3 PUBLIC ENTITY CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a consultant, supplier, sub-consultant, or consultant under a contract with any public entity; and may not transact business any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO($35,000) for a period of 36 months following the date of being placed on the convicted vendor list.

12.4 E-VERIFY. The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the contract and shall expressly require any sub-consultants performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the sub-consultant during the contract term.

12.5 FLORIDA STATUTE 287.05701. Pursuant to Florida Law, the District may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, or give preference to a vendor based on the vendor’s social, political, or ideological interests.

12.6 INTELLECTUAL PROPERTY RIGHTS. The proposer will indemnify and hold harmless, CFTOD from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or un-patented invention, process, article or work manufactured or used in the performance of the contract, including its use by CFTOD. If the proposer uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright, or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work. This article will survive the termination of any contract with CFTOD.

12.7 SUBCONTRACTS. Nothing contained in this specification will be construed as establishing any contractual relationship between any sub-contractor and CFTOD.

A. The proposer will be fully responsible to CFTOD for the acts and omissions of the sub-contractor and their employees.

B. After award of the contract, any changes in sub-consultants requires prior CFTOD written approval.

12.8 AGREEMENT. A contract will be drafted after award for any work to be performed as a result of this solicitation.

This solicitation, the submitted proposal, all attachments, and any addendum released, and the corresponding contract will constitute the complete agreement between the proposer and Reedy Creek Improvement District. Should there be any conflict between the terms of this solicitation, the submitted proposal, and the terms of the agreement (Contract), the terms of the Contract shall be final and binding. The solicitation shall control where in conflict with the submitted proposal.

12.9 DISTRICT INSURANCE REQUIREMENTS.

A. The Contractor/Consultant shall at its expense procure and maintain during the life of this Contract and for two

(2) years thereafter (and shall require the same from its Subcontractors and Sub-subcontractors) the following types and minimum amounts of insurance:

i. Commercial General Liability Insurance including liability assumed under written contract, bodily injury, property damage, personal and advertising injury, and products/completed operations liability written on an occurrence basis with minimum combined single limits for bodily injury and property damage of $1,000,000 per occurrence;

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ii. Automobile Liability coverage for all owned, non-owned and hired vehicles written on an occurrence basis, with minimum combined single limits of $1,000,000 per occurrence;

iii. Workers’ Compensation Insurance providing statutory benefits and Employer’s Liability Insurance with minimum limits of $1,000,000 per occurrence;

iv. Umbrella Liability on a follow-form basis providing coverage excess of the underlying policies required by i., ii, and iii. above in an amount of at least $1,000,000 per occurrence; and Contractor is not required to commercially insure its owned, rented or borrowed machinery, tools, equipment, office trailers, vehicles, and other property but agrees that Owner is not responsible for and Contractor holds Owner harmless for loss, damage or theft of such items.

A. All insurance required under this Article shall be with companies and on forms authorized to issue insurance in

Florida and with an insurer financial strength rating from AM Best of no less than A- or an equivalent rating from a similar, recognized ratings agency unless such requirements are waived, in writing, by the Owner’s Risk Manager. Certificates of insurance (or copies of policies, if required by the Owner) shall be furnished to the Owner.

B. CANCELLATION. All such insurance required by this Article shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to Contractor, who agrees to promptly relay any such notice received to Owner.

C. ADDITIONAL INSUREDS. Each liability policy required herein (except Workers’ Compensation or Professional Liability) shall schedule as Additional Insureds, on a primary and non-contributory basis, the Owner and its affiliated entities and their supervisors, officers, employees, agents and assigns.

D. WAIVERS. The Contractor hereby waives, and will require its Subcontractors and Sub- subcontractors to waive and to require its and their insurers to waive their rights of recovery or subrogation against the Owner and its affiliated entities, supervisors, officers, employees, agents and assigns.

E. CLAIMS. The Contractor and its Subcontractors and Sub-subcontractors shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of the operations conducted under or in connection with the Work and shall cooperate with the insurance carrier or carriers of the Owner and of the Contractor, its Subcontractors and Sub-subcontractors in all litigated claims and demands which arise out of said operations and which the said insurance carrier or carriers are called upon to adjust or resist.

SECTION 13. EXHIBITS

EXHIBIT A – Scope of Service

EXHIBIT B – Bid Pricing Form*

EXHIBIT C – Client Reference List*

EXHIBIT D – Bid Submittal Affidavit*

EXHIBIT E – BuyLocal/Veteran/Opportunity Zone Affidavit of Eligibility* If applicable

ATTACHMENT 1 - Sample Contract

*Submit with Bid

Exhibit A - Scope of Services

ITB No.: C006496 Project: Scale Maintenance & Certification

SECTION 1. SCOPE OF SERVICES OVERVIEW

1.1 The purpose of this contract is to provide preventative maintenance, system upgrades and repair services necessary to maintain the Utility Services Department’s scales. The work for maintenance, upgrades and repairs shall be performed by certified technicians in order to ensure the weigh station scales (Static Scales Systems) are working within manufacturer’s standards and the latest edition of the National Institute of Standards and Technology (NIST) Handbook 44.

1.2 Contractor is to provide all labor, materials, equipment, supervision, transportation, and tools to perform services which include, but are not limited to, scheduled (routine) preventative maintenance, calibration, cleaning, inspection, and non-routine repair services of the equipment indicated herein. All maintenance and repair services shall be conducted by trained and licensed technicians.

SECTION 2. SCALE EQUIPMENT

2.1 The scales are to have quarterly preventative maintenance and emergency repairs, when necessary.

2.2 There are two (2) Fairbank scales located at the Transfer Station: 2263 South Services Lane, Bay Lake, FL 32830.

One (1) Fairbank scale is located in front of the Recycle Material Handling Facility (RMHF) located at: 2200 Recycle Way, Bay Lake, FL 32830.

ITB # C006496 Page 2 of 4

SECTION 3. ROUTINE PREVENTATIVE MAINTENANCE

3.1 Preventative maintenance will be performed quarterly four (4) times per year (every three-months). All preventative maintenance visits will be conducted overnight between the hours of 10:00 p.m. through 5:00 a.m. scheduled seven

(7) days in advance with the Solid Waste Services Manager from being performed.

3.2 The preventative maintenance services shall include, but not limited to:

• Cleaning of the top surface, underneath, and around the inbound and outbound scales.

• Removing the steel plates in order to inspect, clean, and remove dirt build-up and other debris from load cells, load cell cables, and any other operating equipment.

• Removal of the dirt and debris is the responsibility of the contractor.

• Lubrication of all moving contact points of scale systems as needed.

• Adjusting scales with the approved tolerance for regulatory conformance.

• Testing and calibrating with certified test weights as required by the State of Florida Department of

Agriculture testing and procedures NIST Handbook 44 (latest edition).

• The digital displays on the incoming, outgoing, and tunnel scales shall be inspected to include, but not limited to, review of the following:

a. Cable/wire connections at the digital display

b. Interior

c. Exterior

d. Brackets that secure exterior digital display boxes to structure or stand

e. Cable/wires to be firmly secured to structure walls or stands

f. Digital display numbers are readable

g. Digital display weight is that of the computer weight to be printed on ticket

h. Interior digital display box and its component are intact

i. Amperage is consistent throughout

j. All interior and exterior components to be cleaned with appropriate cleaning agents

3.3 Service technicians will provide a written report of the overall condition of the truck scale system and associated components. The report shall include, but is not limited to:

a. Inspection findings

b. Certification document of inspected equipment

c. Recommendation for repairs (estimate shall be separate in according with Section 4. Non-Routine Repair

Services) The report shall be submitted to the Solid Waste Services Manager or designee at the end of each visit.

3.4 Contractor must have at least one (1) bucket truck that must reach a minimum of twenty-four feet (24’) and shall be equipped with outriggers that will allow technicians to repair tunnel scale display.

SECTION 4. NON-ROUTINE REPAIR SERVICES

4.1 Repairs resulting from preventative maintenance events are to be specified in the recommendations for repairs resulting from the inspection process. Service technicians shall provide, in addition to, the recommendations for repairs, an estimate for labor, parts and materials. Parts and materials shall be on a pass-thru basis with no mark-up.

4.2 Should any parts be needed for a repair and such parts are available at the time of a routine service call, all work (i.e. labor and parts costs completed in conjunction with repair), and shall be billed in accordance with Section

4.4 below.

ITB # C006496 Page 3 of 4

4.3 Repairs must be approved in advance by the Solid Waste Services Manager or designee. Contractor must provide the Solid Waste Services Manager or designee with an estimate of repair costs prior to commencement of work to be performed.

4.4 The estimate shall be based on the requirements of labor hours, parts, and materials for specific repair job.

Estimates shall be broken down by hour per repair person and estimated time for completion of repairs. Lump sum estimates will not be accepted. Quotation shall remain firm for thirty (30) calendar days. Written estimate preparation shall be provided at no cost or obligation to the District.

4.5 Non-routine repair service calls shall be billed at the established labor rate per hour, as categorized in section

4.6 below, plus the mobilization fee.

4.6 Non-routine repair service calls to be done on an as requested basis. The scheduled day/date and time are to be finalized in consultation with the Solid Waste Services Manager or designee. Non-routine repair service calls shall be conducted as soon as possible, but should be within twenty-four (24) hours of the request.

4.7 Non-routine repair service calls shall include one mobilization per event. However, if the service provider is already on site for a routine service call the mobilization fee with not apply.

4.7.1 Non-routine repairs flat labor rate Monday-Friday 7:30 a.m. to 5:30 p.m.

4.7.2 Non-routine repairs flat labor rate Monday-Friday 5:30 p.m. to 7:30 a.m.

4.7.3 Non-routine repairs flat labor rate Saturday and Sunday 7:30 a.m. to 5:30 p.m.

4.7.4 Non-routine repairs flat labor rate Saturday and Sunday 5:30 p.m. to 7:30 a.m.

4.7.5 Non-routine repairs flat labor rate Holidays 7:30 a.m. to 5:30 p.m.

4.7.6 Non-routine repairs flat labor rate Holidays 5:30 p.m. to 7:30 a.m.

Due to operational needs all repairs are to be performed during the hours of 10:00 p.m. to 5:00 a.m. unless otherwise agreed upon by the Solid Waste Services Manager or designee.

4.8 All labor hourly rates shall be pro-rated into quarter hours. Only time performed (on the job site) shall be invoiced. Partial hours worked are to be billed to the closest quarter hour increments. For example: 1 to 15 minutes is equal to ¼ hour; 16-30 minutes is equal to ½ hour, etc.

SECTION 5. CONTRACTOR RESPONSIBILITIES

5.1 Contractor and any employee or representative of the contractor must provide credentials and check-in with the

Solid Waste Services Manager or designee before commencement and completion of work.

5.2 Quarterly preventative maintenance, inspection, cleaning, calibration, and repair services shall be performed by staff trained to perform these services and shall include all technical support services, equipment, labor and materials, replacement parts, personal protective equipment, tools, supervision, transportation, and other incidentals necessary to perform work.

5.3 Contractor shall provide competent supervision and an adequate number of experienced, highly knowledgeable, technically proficient employees and agrees to use only such qualified employees in the performance of work.

Contractor personnel must be highly knowledgeable in technical applications, installation, operation and maintenance of truck scales and respective equipment. Failure to do so may deem the Contractor as non-responsive.

5.4 Contractor shall be responsible at all times, for maintaining a clean work site and for removing debris and disposing of it properly at the Contractor’s expense.

5.5 Contractor shall verify that each truck scale is operational prior to beginning work and shall ensure that they are returned to full operation status once work has been complete. If the truck scale is found to be non-operational, the Contractor is required to immediately notify the Solid Waste Services Manager or designee.

ITB # C006496 Page 4 of 4

5.6 All contractor’s personnel must abide by all Occupational Safety and Health Administration (OSHA) standards and requirements while working in or on District’s property. Contractor shall ensure that all personnel are properly trained to follow OSHA regulations.

5.7 Contractor’s service vehicle shall contain all parts, equipment, and materials necessary to perform services at the time of first response for any damage to the District’s facility or any equipment as a result of work performed by the Contractor. Any such damage will be repaired by the Contractor warranties or guarantees and the terms contained herein covering replacement parts and components.

SECTION 6. WARRANTY

6.1 All materials, parts, components, material, equipment, labor, and work performed shall be fully warranted and guaranteed for a minimum of one (1) year from the date of completion of service and acceptance by the District.

6.2 Contractor shall supply all manufacturers’ warranties to the Solid Waste Services Manager or designee, as applicable.

EXHIBIT C – Client Reference List

ITB No.: C006496 Project: Scale Maintenance & Certifications

CLIENT REFERENCE LIST

Please use this form to provide at least two (2) client references for similar services performed.

CLIENT NAME PROJECT NUMBER &

NAME

CONTACT NAME &

PHONE NUMBER

START &

COMPLETION DATES

DESCRIPTION OF SERVICES PERFORMED SIMILAR TO THIS BID

CONTACT NAME &

PHONE NUMBER

CONTACT NAME &

PHONE NUMBER

CONTACT NAME &

PHONE NUMBER

EXHIBIT D - Bid Submittal Affidavit

Title: Scale Maintenance & Certifications

Bid #: C006496 Contact: Central Florida Tourism Oversight District

Andrea Osinski, Senior Procurement Analyst bids@oversightdistrict.org

(689) 254-4346

SECTION 1. BASE BID

Company Name:

We have examined all the bidding documents and the site of the Work, and submit the following bid proposal in which we affirm the following statements:

A) We will hold our Bid open and valid for ninety (90) days from the date of bid opening per Section 7 of the Invitation to Bid;

B) We will enter into a Service Agreement on the form provided by the Owner if awarded the contract based on our Bid; and

C) We will perform and provide Work for the Price of:

(Base Bid in words)

DOLLARS

($______________) which covers the Contractor’s profit and general overhead and all costs and expenses of any nature whatsoever (including, without limitation, trench safety, labor, equipment, materials, and all taxes).

SECTION 2. BID DOCUMENTS and ADDENDUM ACKNOWLEDGEMENT Our company acknowledges receipt of the Invitation to Bid, and all other bidding documents for the project including the following Addendums:

Addendum No. _______, dated ___________________.

Addendum No. _______, dated ___________________.

Addendum No. _______, dated ___________________.

Addendum No. _______, dated ___________________.

SECTION 3. BIDDER CHECKLIST

☐ Bidder acknowledges receipt of all Addenda.

☐ Bidder has submitted an EXHIBIT B – Bid Pricing Form.

☐ Bidder has submitted an EXHIBIT C – Client Reference List.

☐ Bidder has submitted a signed EXHIBIT D - Bid Submittal Affidavit.

☐ Bidder, if eligible, has submitted EXHIBIT E – Affidavit of Eligibility or Certificate of Eligibility

ITB # C006496 Page 2 of 2

SECTION 4. BID AFFIDAVIT; NON-COLLUSION

I, ___________________________________, as a duly authorized employee of the Company, affirm I have executed this Bid with full authority to do so and that the Company has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with above named project with any other Bidder, and;

that all statements contained in our bid and in this affidavit are true and correct, and made with full knowledge that Central Florida Tourism Oversight District relies upon the truth of the statements contained in said Bid, and in the statements contained in this affidavit in awarding a contract for this project.

Affirmed this ________ day of _______________________, _______.

LEGAL COMPANY NAME:

By:

(Signature)

Printed Name:

Title:

Telephone:

E-Mail:

Home Office Address:

____ Veteran Small Business:

• The business owned and controlled by veterans as defined in Section 502 of the Veterans

Benefits, Health Care, and Information Technology Act of 2006, as such may be amended from time to time, which business is also:

(i) domiciled in the State of Florida; and

(ii) listed in the federal Database of Veteran-owned Businesses.

• REQUIRED ATTACHMENTS:

o Proof the business is a small business concern that is owned and controlled by veterans as defined in Section 502 of the Veterans Benefits, Health Care, and Information Technology Act of 2006.

____Local Business (Buy Local):

• The business has its headquarters, manufacturing facility, or principal office located or having a street address within the jurisdictional boundaries of Orange, Osceola, Lake, Polk, or Seminole County for at least six (6) months immediately prior to the issuance of the solicitation to which the business is responding; OR

• The Owner/Principal of the business maintains his/her primary residence within the jurisdictional boundaries of Orange, Osceola, Lake, Polk, or Seminole County.

• REQUIRED ATTACHMENTS:

o A physical business address (no post office boxes will be considered);

o A copy of a valid and current Local Business License Tax Receipt duly issued by a local government located within the jurisdictional boundaries of Osceola, Orange, Lake, Polk or Seminole County; and, o Any other information requested by the district that would verify local business status.

Business Information and Signature:

Business Name: ___________________________________________________________________________________

Signature: _________________________________________________________________________________________

Affidavit of Eligibility Form Submit this form with bid response for solicitations that have Veteran & Buy Local Preference if not already certified.

Select Veteran Small Business or Local Business (Buy Local)

EXHIBIT E - BUYLOCAL/VETERAN/OPPORTUNITY ZONE AFFIDAVIT

OPPORTUNITY ZONE PROGRAM

The Opportunity Zone Program is a federal program and aims to foster economic development and job creation in economically distressed communities. It was created by the Federal Tax Cuts and Jobs Act of 2017 to encourage businesses, developers and financial institutions to invest long-term capital in low-income census tract areas.

CENTRAL FLORIDA TOURISM OVERSIGHT DISTRICT -

OPPORTUNITY ZONE PROGRAM

The objective of this program is to increase and encourage bidding and contracting participation of businesses located within designated Qualified Opportunity Zones in the following counties:

Orange;

Osceola;

Lake;

Polk; and Seminole.

Businesses having their main office located within the Opportunity Zones maps of Orange, Osceola, Lake, Polk, and Seminole counties indicated in the below link are eligible:

Opportunity Zones Program - FloridaJobs.org

Business Information and Signature:

By signing below, I certify the main office of the Business is located with the Opportunity Zones maps of Orange, Osceola, Lake, Polk, or Seminole county.

Business Name: _______________________________________________________________________________________

Main Office Address:__________________________________________________________________________________

Opportunity Zone County: ___________________________________________________________________________

Signature: _____________________________________________________________________________________________

Opportunity Zone Program

Affidavit of Eligibility Utilize this form when responding to a solicitation, but not certified in program.

EXHIBIT E - BUYLOCAL/VETERAN/OPPORTUNITY ZONE AFFIDAVIT

https://www.irs.gov/credits-deductions/businesses/opportunity-zones https://www.floridajobs.org/business-growth-and-partnerships/for-businesses-and-entrepreneurs/business-resource/opportunity-zones-program

ATTACHMENT 1 – Sample Contract

Services Agreement June 2023 ed.

Project: {cmsprojectname69} Agreement No. {cmagreement356}

SERVICES AGREEMENT

THIS AGREEMENT, is made effective as of ____________________ by and between Central Florida Tourism Oversight District (herein referred to as the ("Owner"), whose mailing address is P.O. Box 10170, Lake Buena Vista, Florida 32830-0170, and {cmexternalpartyname363}, (herein referred to as the "Contractor"), whose mailing address is {cmexternalpartyaddress335}, {cmexternalpartycity336}, {cmexternalpartystate340} {cmexternalpartyzipcode341}.

W I T N E S S E T H

WHEREAS, Owner desires to employ the services of Contractor for a period beginning {cmstartingdate287} and ending {cmexpirationdate287}, or as otherwise modified as set forth in this Agreement, to perform the hereinafter described Services, and Contractor desires to be so employed.

NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations contained in this Agreement, the parties agree as follows:

1. DEFINITIONS.

a. Agreement. The Agreement consists of this Services Agreement, the Scope of Services, the Special Contract Conditions, the form of Changed Service Authorization, the form of General Release, and all other documents enumerated on the List of Exhibits set forth below. The Agreement represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended or modified only as set forth below in Article 6.

b. Services. The term "Services" as used in this Agreement shall be construed to include all Services set forth in Exhibit A, all obligations of Contractor under this Agreement and where any Changed Service Authorizations have been issued pursuant to Article 6 of this Agreement, the changed Services set forth therein.

2. SCOPE OF SERVICES.

a. A description of the nature, scope and schedule of Services to be performed by Contractor under this Agreement in accordance with the following List of Exhibits:

i. Exhibit A, Scope of Services and Pricing, ___ page

ii. Exhibit B, Special Contract Conditions, 15 pages

3. BASIS FOR COMPENSATION AND PAYMENTS.

Not to Exceed Fee

a. Owner shall pay to Contractor, for its Basic Services and in consideration of the terms and conditions of this Agreement, a fee for time reasonably and properly incurred by Contractor in performance of its Basic Services based upon the hourly rates shown on the attached Rate Schedule incorporated herein by reference plus all Reimbursable Expenses as defined below. However, in no event shall the fee exceed Dollars and 00/100 Cents ({cmsoriginal_feeamt173}); and the Reimbursable Expenses shall in no event exceed ({cmsoriginal_reimbamt174}).

b. Payments shall be made monthly for Basic Services plus Reimbursable Expenses incurred. Contractor shall invoice Owner, in the form required by Owner, on the first day of each calendar month for Basic Services rendered during the preceding month plus Reimbursable Expenses incurred.

c. Reimbursable Expenses shall include only the following actual and necessary costs and expenses, without markup, reasonably and properly incurred by Contractor in connection with the Services rendered under this Agreement:

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Direct expenses as determined and approved by Owner and as expressly allowed under Owner's Reimbursable Expense Guidelines attached hereto and incorporated herein by reference.

d. Contractor shall provide any and all backup required by Owner in connection with time spent and Reimbursable Expenses incurred.

e. Owner shall pay each invoiced amount (or uncontested portion thereof) on or about the thirtieth day following receipt of each invoice.

f. All invoices should reference the contract number and be submitted to the following address:

Central Florida Tourism Oversight District C/O: Reedy Creek Energy Services – Utilities Division

Attention: Accounts Payable P.O. Box 690759

Orlando, Florida 32869 All invoices shall be sent to WDW.RCES.Billing@disney.com

g. Contractor shall be compensated for any Additional Services based upon the Rate

Schedule; such amounts to be invoiced and paid in accordance with the terms of Paragraphs b, c, d, and e herein;

provided, however, that Contractor shall not be entitled to compensation for Additional Services unless Contractor has obtained prior written authorization of Owner to perform the same.

h. Owner retains the right to reduce any portion of Contractor's Services at any time.

4. REPRESENTATIONS, WARRANTIES, AND COVENANTS.

Contractor hereby represents to Owner that: (a) it has the experience and skill to perform the Services as set forth in this Agreement; (b) that it shall comply with all applicable federal, state, and local laws, rules, codes, and orders of any public, quasi public or other government authority; (c) it is duly licensed to observe and perform the terms, covenants, conditions and other provisions on its part to be observed or performed under this Agreement; (d) it has by careful examination satisfied itself as to: (i) the nature, location and character of the general area in which the Services are to be performed including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both natural and manmade, the surface water conditions of the general area and, to the extent pertinent, all other conditions; and (ii) all other matters or things which could in any manner affect the performance of the Services.

5. INSURANCE; INDEMNIFICATION.

A. The Contractor shall at its expense procure and maintain during the life of this Contract and for two (2) years thereafter (and shall require the same from its Subcontractors and Sub-subcontractors) the following types and minimum amounts of insurance:

i. Commercial General Liability Insurance including liability assumed under written contract, bodily injury, property damage, personal and advertising injury, and products/completed operations liability written on an occurrence basis with minimum combined single limits for bodily injury and property damage of

ii. Automobile Liability coverage for all owned, non-owned and hired vehicles written on an occurrence basis, with minimum combined single limits of

iii. Workers’ Compensation Insurance providing statutory benefits and Employer’s

Liability Insurance with minimum limits of $1,000,000 per occurrence;

mailto:WDW.RCES.Billing@disney.com

iv. Umbrella Liability on a follow-form basis providing coverage excess of the underlying policies required by i., ii, and iii. above in an amount of at least

v. If Contractor is providing any kind of professional service or advice including design, architectural, surveying, legal, financial, accounting or similar then Contractor will also carry Professional Liability/Errors & Omissions insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that precedes the first date of work or services under this agreement and is maintained for at least 2 years following the conclusion of work.

vi. If Contractor is using, transporting or disposing of any hazardous materials, potentially harmful materials, chemicals, waste or similar then Contractor will also carry Pollution Liability insurance with a limit of at least $1,000,000 per occurrence. This insurance may be on a claims-made form if there is a retroactive date that precedes the first date of work or services under this agreement and is maintained for at least 2 years following the conclusion of work.

vii. If work will include the use or operation of any crane, total limit of Umbrella liability insurance will be at least $4 million.

viii. If Contractor is using any kind of aircraft including unmanned aerial vehicles (drones) then use must be approved by Owner and liability insurance satisfactory to Owner must be obtained.

Contractor is not required to commercially insure its owned, rented or borrowed machinery, tools, equipment, office trailers, vehicles, and other property but agrees that Owner is not responsible for and Contractor holds Owner harmless for loss, damage or theft of such items.

B. All insurance required under this Article shall be with companies and on forms authorized to issue insurance in Florida and with an insurer financial strength rating from AM Best of no less than A- or an equivalent rating from a similar, recognized ratings agency unless such requirements are waived, in writing, by the Owner’s Risk Manager. Certificates of insurance (or copies of policies, if required by the Owner) shall be furnished to the Owner.

C. CANCELLATION. All such insurance required by this Article shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days unrestricted prior written notice thereof is furnished to Contractor, who agrees to promptly relay any such notice received to Owner.

D. ADDITIONAL INSUREDS. Each liability policy required herein (except Workers’

Compensation or Professional Liability) shall schedule as Additional Insureds, on a primary and non-contributory basis, the Owner and its affiliated entities and their supervisors, officers, employees, agents and assigns.

E. WAIVERS. The Contractor hereby waives, and will require its Subcontractors and Sub-subcontractors to waive and to require its and their insurers to waive their rights of recovery or subrogation against the Owner and its affiliated entities, supervisors, officers, employees, agents and assigns.

F. CLAIMS. The Contractor and its Subcontractors and Sub-subcontractors shall assist and cooperate in every manner possible in connection with the adjustment of all claims arising out of the operations conducted under or in connection with the Work and shall cooperate with the insurance carrier or carriers of the Owner and of the Contractor, its Subcontractors and Sub-subcontractors in all litigated claims and demands which arise out of said operations and which the said insurance carrier or carriers are called upon to adjust or resist.

G. INDEMNIFICATION. The Contractor shall indemnify the Owner from and against any and all claims, suits, judgments, damages, losses and expenses (including attorneys' fees) of any nature whatsoever to the extent caused by the negligence, recklessness or intentional wrongful misconduct (which includes, without limitation, any failure of the Contractor or any of its Subcontractors or Sub-subcontractors to perform and complete the Work in strict compliance with the Contract Documents, unless such failure has been specifically waived by the Owner in writing upon final acceptance of the Work) of the Contractor or any persons employed or utilized by the Contractor in the performance of the Contract, including without limitation, any Subcontractor or Sub-subcontractor (or their employees), utilized by the Contractor in the performance of the Work. The provisions of this paragraph shall survive the expiration or sooner termination of this Agreement.

6. MODIFICATIONS, ADDITIONS, OR DELETIONS TO THE SERVICES.

a. A Changed Service Authorization shall be a writing by the Owner that shall consist of additions, deletions, or other modifications to the Agreement agreed to by the Contractor.

b. The Owner may, from time to time, without affecting the validity of the Agreement, or any term or condition thereof, issue Changed Service Authorizations which may identify additional or revised Scope of Services, or other written instructions and orders, which shall be governed by the provisions of the Agreement. The Contractor shall comply with all such orders and instructions issued by the Owner. Upon receipt of any such Changed Service Authorization, the Contractor shall promptly proceed with the Changed Service Authorization, and the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions of Article 3 in this Agreement.

7. PROTECTION OF PERSONS AND PROPERTY.

a. The Contractor shall be responsible for initiating, maintaining and supervising safety precautions and programs in connection with the Services, and shall provide all protection to prevent injury to all persons involved in any way in the Services and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the Owner who may visit or be affected thereby.

b. All Services, whether performed by the Contractor, its Subcontractors, or anyone directly or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools and like items used in the Services, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other governmental authority; and (b) all codes, rules, regulations and requirements of the Owner and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern.

c. The Contractor shall at all times keep the general area in which the Services are to be performed clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous waste), caused by performance of the Services, and shall continuously throughout performance of the Services remove and dispose of all such materials. The Owner may require the Contractor to comply with such standards, means and methods of cleanup, removal or disposal as the Owner may make known to the Contractor. In the event the Contractor fails to keep the general area in which the Services are to be performed clean and free from such waste or rubbish, or to comply with such standards, means and methods, the Owner may take such action and offset any and all costs or expenses of whatever nature paid or incurred by the Owner in undertaking such action against any sums then or thereafter due to the Contractor.

8. BOOKS AND RECORDS.

Contractor shall maintain comprehensive books and records relating to any Services performed under this Agreement, which shall be retained by Contractor for a period of at least four (4) years from and after the completion of such Services. Owner, or its authorized representatives, shall have the right to audit such books and records at all reasonable times upon prior notice to Contractor. The provisions of this paragraph shall survive the expiration or early termination of this Agreement.

9. PROMOTION/CONFIDENTIALITY.

The Contractor, by virtue of this Agreement, shall acquire no right to use, and shall not use, the name of the Owner or the Owner’s Representative (either alone or in conjunction with or as a part of any other word, mark or name) or any marks, fanciful characters or designs of either of them or any related, affiliated or subsidiary companies: in any advertising, publicity or promotion; to express or imply any endorsement of the Contractor's Work or services; or in any other manner whatsoever (whether or not similar to the uses hereinabove specifically prohibited). Contractor may, during the course of its engagement hereunder, have access to and acquire knowledge regarding plans, concepts, designs, materials, data, systems and other information of or with respect to Owner or Owner’s Representative, or any subsidiaries or affiliated companies thereof, which may not be accessible or known to the general public (“Confidential Information”). Confidential Information that is specific as to techniques, equipment, processes, products, concepts or designs, etc. shall not be deemed to be within the knowledge of the general public merely because it is embraced by general disclosures in the public domain. Any knowledge acquired by Contractor from such Confidential Information or otherwise through its engagement hereunder shall not be used, published or divulged by Contractor to any other person, firm or corporation, or used in any advertising or promotion regarding Contractor or its services, or in any other manner or connection whatsoever without first having obtained the written permission of Owner, which permission Owner may withhold in its sole discretion. Contractor specifically agrees that the foregoing confidentiality obligation applies to, but is not limited to, any information disclosed to Contractor in any document provided to Contractor pursuant to or in connection with this Agreement, including but not limited to, a Request for Proposal, Request for Estimate, Request for Quotation or Invitation to Bid, except to the extent Contractor must disclose such information to compile and prepare its proposed price for work or services performed hereunder. The provisions of this Article shall survive the expiration or earlier termination of this Agreement.

10. ASSIGNMENT.

This Agreement is for the personal services of Contractor and may not be assigned by Contractor in any fashion, whether by operation of law, or by conveyance of any type including, without limitation, transfer of stock in Contractor, without the prior written consent of Owner, which consent Owner may withhold in its sole discretion.

Owner retains the right to assign all or any portion of this Agreement at any time. Upon such assignment, and provided the Assignee shall, in writing, assume Owner's obligations under this Agreement, Owner shall be automatically released and discharged from any and all of its obligations under this Agreement, and Contractor shall thenceforth look solely to the Assignee for performance of Owner's obligations under this Agreement.

11. SUSPENSION OR TERMINATION.

Anything in this Agreement to the contrary notwithstanding, Owner shall, in its sole discretion and with or without cause, have the right to suspend or terminate this Agreement upon seven (7) days prior written notice to Contractor.

In the event of termination, Owner's sole obligation and liability to Contractor, if any, shall be to pay to Contractor that portion of the fee earned by it, plus any earned amounts for extra Services performed pursuant to Articles 3 and 6, through the date of termination.

12. SUBCONTRACTORS.

If the Contractor desires to employ Subcontractors in connection with the performance of its Services under this Agreement:

a. Nothing contained in the Agreement shall create any contractual relationship between the Owner and…