CDBG-DR_Stormwater_Consulting_Services_HS005_(Addendum_#1_Revision).pdf

RFQ

PD 25-26.044

CDBG-DR STORMWATER CONSULTING SERVICES HS005

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: February 4, 2026

DEADLINE FOR QUESTIONS: February 19, 2026

RESPONSE DEADLINE: March 6, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

RFQ

CDBG-DR Stormwater Consulting Services HS005

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions - No Terms

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 - HS005_Escambia County Regional Stormwater Hurricane Sally Infrastructure

Repair Agreement

B - HS005-A1_Executed

C - Escambia_County_Section_3_Business_Application_CDBG-DR_ (1)

D - Escambia_County_Section_3_Contract_Clause_CDBG-DR (6)

E - section-3-project-implementation-plan-template---forms-0-8_ (1)

F - Exhibit.FederalContractProvisions (2CFR200)

G - Escambia County Federal Funded Community Development Block Grant

Disaster Recovery Delegation of Authority Executed

RFQ #PD 25-26.044

Title: CDBG-DR Stormwater Consulting Services HS005

1. Introduction

1.1. Summary

Escambia County is soliciting qualified and experienced firms which includes, but is not limited to, the following services: CDBG-DR Grant Compliance and Monitoring, HUD Section 3, and Davis Bacon reporting requirements for a CDBG-DR construction project that includes 4 separate Stormwater

Mitigation projects, under one grant umbrella.

1. Brickyard Road Stormwater

2. Monroe Ave. Stormwater Repair

3. Olive Road Stormwater Upgrade

4. Oakfield Palafox Stormwater Improvements

1.2. Background

On September 16, 2020, Hurricane Sally (DR-4564) swept over the Florida panhandle as a Category 2 hurricane, bringing heavy rainfall and flooding. The impacts of Hurricane Sally further demonstrated the need for an effective, comprehensive long-term recovery plan that would address and meet the remaining needs of Floridians following this catastrophic event. In the wake of this natural disaster, Florida came together to recover and rebuild, but significant unmet needs remain.

Recognizing this, Congress appropriated, and the U.S. Department of Housing and Urban Development

(HUD) allocated a total of $113 million in funding to support long-term recovery efforts following

Hurricane Sally through the Florida Department of Commerce (Commerce) Community Development

Block Grant Disaster Recovery (CDBG-DR) Program.

1.3. Contact Information

Angela Jones

Senior Purchasing Coordinator

213 Palafox

2nd Floor

Pensacola, FL 32502

Email: ajjones@myescambia.com

Phone: (850) 595-4953

Department:

Engineering

1.4. Timeline

Release Project Date February 4, 2026 mailto:ajjones@myescambia.com tel:(850)595-4953

Pre-Solicitation Meeting (Non-Mandatory) February 12, 2026, 12:00am

Office of Purchasing

213 Palafox Pl, 2nd Floor

Pensacola, FL 32502

OR

MS Teams https://teams.microsoft.com/meet/288083952581

53?p=pX3baAiLIpprrcsGvm

Meeting ID: 288 083 952 581 53

Passcode: gW2NW6tQ

Dial in by phone

+1 863-333-5817,,630528260# United States, Lakeland

Find a local number

Phone conference ID: 630 528 260#

Question Submission Deadline February 19, 2026, 2:00pm

Submission Deadline March 6, 2026, 2:00pm

Office of Purchasing

213 Palafox Pl, 2nd Floor

Pensacola, FL 32502

OR

MS Teams https://teams.microsoft.com/meet/264876968368

12?p=2sJpIok4ZFWW6gAV2B

Meeting ID: 264 876 968 368 12

Passcode: 2Lh7sL6F

Dial in by phone

+1 863-333-5817,,409488154# United States, Lakeland

Find a local number

Phone conference ID: 409 488 154#

2. Scope of Work https://teams.microsoft.com/meet/28808395258153?p=pX3baAiLIpprrcsGvm https://teams.microsoft.com/meet/28808395258153?p=pX3baAiLIpprrcsGvm https://teams.microsoft.com/meet/26487696836812?p=2sJpIok4ZFWW6gAV2B https://teams.microsoft.com/meet/26487696836812?p=2sJpIok4ZFWW6gAV2B

2.1. Scope of Work

As part of regular management of its activities in delivery of services under this solicitation, the Vendor shall:

1. Provide all necessary equipment and supplies for its staff working under this contract.

2. Establish a functional organization structure with proper administrative oversight.

3. Submit monthly invoices including individual time sheets, if required, and evidence indicating the percent of work complete for each task order.

4. Submit monthly activity reports indicating the status of projects. These reports shall include any areas of concern or needs identified by the Vendor.

5. Meet at least two times monthly, potentially more frequently, with the County’s contract manager and cooperate with all County monitoring activities for contract oversight.

6. Assist with General management as a whole, to include construction requests, pay app's, budget changes, and communication with engineer's.

Vendor’s Personnel

1. Throughout the term of the contract, the Vendor shall provide and keep current an organizational chart and supervisory hierarchy to ensure adequate staffing levels, staff oversight, and accountability.

The Vendor shall designate a primary manager who will maintain frequent communication with the

County’s contract manager, which may include a weekly meeting.

2. Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the County. Vendor shall notify the County’s contract manager of any desired substitution, including the name(s), resumes, and references of Vendor’s recommended substitute personnel. The County will approve or disapprove the requested substitution in a timely manner. The

County may, in its sole discretion, direct the Vendor to terminate the services of any person providing services under the contract. Upon such termination, the County may request acceptable substitute personnel or terminate the contract services provided by such personnel.

Information Systems

1. The Vendor shall provide a robust, secure, web-based system specifically designed to capture pertinent data and provide the comprehensive, flexible, end-to-end grants management functionality required to manage CDBGDR grant project performance and efficiencies, and act as a central retention system for application, project, and grant management files. The system is intended to be the system of record, and the County must be able to retain use for the full records retention period required by law. The Vendor may be required to collaborate and provide system access to other Vendors for the administration of CDBG-DR funded projects, including individual housing projects.

2. The pricing for software included in Exhibit C of the Agreement shall be inclusive of all necessary right of access to the web based software for each of the systems proposed.

3. Functionality will include, at minimum:

o User friendly customizable application interface for individual applicants and subrecipients;

o Ability to manage documents to support eligibility determination and case management;

o Clearly defined processes for acquiring, organizing, storing, retrieving, and reporting information about CDBG-DR funded activities;

o Ability to track grant funded obligations, budgets, and program income;

o Reporting capabilities to fulfill monitoring and audit requirements;

o Project and task collaboration and sharing; Security and privacy protections for Personally

Identifiable Information (PII) o Capability to securely process large volumes of data and document storage with little to no latency;

o The ability to integrate with other data systems for reporting purposes, at minimum be able to create csv files to populate HUD data upload templates for import to HUD’s Disaster

Recovery Grant Reporting (DRGR) System;

o Provide properly trained staff with the responsibility of recordkeeping and reporting tasks, as required by program manager; and Provide access to HUD, OIG, County, and independent auditor staff to complete monitoring and audits.

Data Access

1. The Vendor shall provide access to the grant applicant management system to authorized personnel from the County, the Vendor, other vendors, auditors, and subrecipients, as needed. Such access shall remain available throughout the life of the Agreement, during the closeout period, and the required post-closeout Federal retention period. Post-closeout Federal retention period access could be read-only, in a format approved by the County.

2. A task order will be issued at project closeout or after the agreement has been terminated or has expired, providing, in specific detail, how the Vendor shall provide the County all or any part of the County data, Vendor data, work products, or any other files / materials that the Vendor produces or gathers during its tenure on this Program.

3. For any raw data created, assembled, used, maintained, collected, or stored by the Vendor on behalf of the County, the Vendor shall provide the County either the raw data itself or the ability to extract the raw data, in a format mutually agreed upon by both parties at no additional cost to the County. Data Ownership 1. The County is, and shall remain at all times, the sole owner of all data and documents affiliated with County work contained in the Vendor’s electronic data management system. The Vendor acknowledges that the County has all right, title, or other ownership interest in all County documents and work products.

A. Task 1: Reporting

1. Reports provided by the system shall be compliant with the Department of Housing and Urban

Development’s audit and compliance reporting requirements and must have the ability to be exported into csv files to populate HUD data upload templates for import to HUD’s Disaster

Recovery Grant Reporting (DRGR) System.

2. Requirements include the ability to report on program / project / activity deliverable progress and status on a daily, weekly, and monthly basis that can be used for both management review and as tools for the audit process.

Tasks/Deliverables

Vendor shall provide assistance to the County’s existing team leading the CDBG-DR program. This shall include but not be limited to the Tasks described herein. However, the Task descriptions are not intended to be an exhaustive list of activities necessary to complete the objectives of the work; the precise activities and duties performed may vary depending on the County’s needs as the program and the projects thereunder progress. Each task shall be assigned through use of a Task Order that will authorize the work. No work is authorized under the contract until execution of a Task Order by both parties.

Task 2: Grant Compliance and Monitoring

Vendor shall provide Grant Compliance and Monitoring Support Staff to perform quality assurance, monitoring, and reporting duties and provide technical assistance for grant compliance to County staff and sub-recipients. Grant Compliance and Monitoring Support Staff levels are expected to fluctuate during the life of the contract as workloads vary throughout the life of the grant.

Staff assigned to this task by the Vendor shall have experience in successful CDBG-DR grant compliance and monitoring and/or CDBG-DR financial management, and direct experience working in the DRGR system. Compliance and Monitoring Support Staff members shall have in-depth knowledge of 2 CFR Part

200 and all HUD and federal cross-cutting regulations required for projects and programs within the

County’s Action Plan.

Duties performed by the Grant Compliance and Monitoring Support Staff shall include, at minimum:

• Assisting in developing, maintaining, and managing the County’s Disaster Recovery Grant

Reporting (DRGR) System in accordance with the County’s Action Plan.

• Generating Quarterly Progress Reports (QPRs) for the County’s review and approval.

• Providing technical assistance to County staff and subrecipients on compliance with 2 CFR Part

200 and all HUD and federal cross-cutting regulations required for projects and programs within the Action Plan. This includes, but is not limited to, ensuring compliance with procurement, record-keeping regulations and common monitoring issues.

• At the request of the County, and on an as-needed basis, conducting training for County staff and subrecipients on compliance with 2 CFR Part 200 and all HUD and federal cross-cutting regulations required, and how to establish systems and process flow charts that will meet HUD compliance.

• Reviewing the County’s policies and procedures for reimbursement request reviews with respect to HUD guidelines and providing guidance for potential revision of existing draw procedures.

• Developing best practices and process flow charts for reimbursement packet review, draw request review, and check processing and disbursement that ensure proper quality control, meet HUD’s requirements for documentation, and meet County-directed ongoing timelines for draw request review and payment.

• Producing draw-down requests for the County’s review and approval in DRGR.

• Providing technical assistance and training to County staff on the use of DRGR

• Providing the County with fiscal procedural support related to processing, reviewing, and drawing reimbursement requests through DRGR.

• Conduct risk assessment process for all subrecipients and develop monitoring plans.

• Conducting regular, on-site monitoring of subrecipients to ensure compliance with federal regulations and County policies and procedures. The frequency of this monitoring will be determined by the County’s policies and procedures and may be more frequent if there is a concern that the subrecipient is out of compliance or is found to be at risk for noncompliance.

• Conducting regular, on-site monitoring of implementation contractors to ensure compliance with federal regulations and County policies and procedures. The frequency of this monitoring will be determined by the County’s policies and procedures and may be more frequent if there is a concern that the subrecipient is out of compliance or is found to be at risk for noncompliance.

• Produce monitoring checklists and reports to track progress, follow-ups and deficiencies as required by the Policy and Procedure of the Project or Activity.

• Supporting the County during any audits, monitoring or compliance reviews by HUD or any other auditor or regulatory agency.

• Assisting with other County needs related to management of CDBG-DR programs, if requested.

C. Task 3: Section 3 & Davis Bacon

• Ensure that all construction projects are compliant with both the Davis-Bacon Act (DBRA) labor standards and HUD's Section 3 requirements.

• Review and confirm construction bidders are compliant with all applicable prevailing wage rates and overtime provisions specified in Wage Determination [WD#]

• Review and confirm that construction bidders are following all requirements to meeting Section

3 goals for local hiring, training, and contracting opportunities for low-income persons.

D. Task 4: Closeout Phase

• Ensuring complete and accurate closeout of the public services activities and providing the

County with all related data and documentation in the format determined by the County, and in an orderly, uniform records retention system.

• Assisting subrecipients and clients with any project completion activities for which they are responsible.

• Collaborating with the County to develop a closeout plan for assisting subrecipients, clients, and contractors with closeout activities, tasks, and deliverables for which they are responsible.

Closeout is expected to last through the end of 2027.

Please note that any firm previously awarded a solicitation associated with this project (e.g., Environmental, Owner’s Representative, CEI) is not eligible to submit proposals for any subsequent solicitations related to this project.

2.2. Submission Guidelines

Tab 1 Introduction

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

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

Tab 2 Project Experience

Provide similar grant management, Section 3, and Davis Bacon experience.

Tab 3 Project Experience: Construction Grant Management

Experience with CDBG-DR in Grant Management of Construction. The firm should demonstrate at least 3 similar or related examples of such work for consideration. The firm should be familiar with the appropriate process for all CDBG-DR reporting, Davis Bacon, Section 3 and Grant Closeout.

Tab 4 Web Based Grant Management System of Record

Provide example of a web-based system specifically designed to capture pertinent data and provide the comprehensive, flexible, end-to-end grants management functionality required to manage CDBGDR grant project performance and efficiencies, and act as a central retention system for application, project, and grant management files.

Tab 5 Past Record and Performance, Background and Technical Experience, Team Member

Qualifications

Past record and performance, background experience & technical expertise of firm & individual team members. Past records of performance shall be considered in the selection criteria. Consultant evaluation records should be of a positive nature. Any negative consultant evaluations reflecting poor performance should be strongly considered. A firm without any past Escambia County evaluation records should not reflect a poor score. Record of performance should be clearly documented in their response. The qualifications of the firm and individuals within the firm shall be considered with respect to the discipline and experience categories identified above for this project.

Tab 6 Communication

Ability to communicate effectively with County Staff, Stakeholders, or Contractors when required. The firm should have the ability to effectively communicate with County Staff concerning any issues that may arise during design or in the construction phase. The firm should understand general practices of construction to be able to communicate with the contractor in the event changes to the plans need to be made during the construction phase. The firm should have the ability to effectively communicate with the public throughout all phases of the project when they express their concerns of the project.

This communication also extends to those firms with local and in-house disciplines should receive a higher ranking, than those utilizing a team due to the accessibility.

Tab 7 Escambia County Purchasing Documents

Please upload all required documents from Vendor Submissions.

3. Solicitation Terms & Conditions - No Terms

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

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

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 https://procurement.opengov.com/portal/escambiacountyfl/projects/230147?section=undefined 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.

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:

Conduct of Participants.

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

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

Purchasing Director.

Definitions.

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

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

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

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

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

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

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

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.