CJC_Ditch_and_Slope_Mowing.pdf

INVITATION TO QUOTE (ITQ)

24-0217-ITQ

CJC DITCH AND SLOPE MOWING

Pinellas County

Pinellas County Courthouse Annex Bldg., Sixth Floor

Clearwater, FL 33765

THE MISSION OF PINELLAS COUNTY

"Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow."

The proposal due date below is subject to change. This informal solicitation may be closed once adequate competition is received.

ISSUE/RELEASE DATE: January 17, 2024

PROPOSAL SUBMISSION DEADLINE: January 25, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY VIA OPENGOV TO:

https://procurement.opengov.com/portal/pinellasfl https://procurement.opengov.com/portal/%7bproject.government.code%7d

Pinellas County

INVITATION TO QUOTE (ITQ)

CJC Ditch and Slope Mowing

Table of Contents No table of contents entries found.

Invitation to Quote (ITQ) #24-0217-ITQ Title: CJC Ditch and Slope Mowing

1. Notice

Small Business Enterprises

The Board of County Commissioners recognizes that the County's growth and prosperity depend on the full participation of all its citizens and businesses and is firmly committed to the principles of equal opportunity, supplier diversity, and equity.

To increase the impact of County purchases on the growth and prosperity of the Pinellas County community, Pinellas County Purchasing and Risk Management in coordination with Economic

Development, have implemented the Small Business Enterprise Program to increase the access and participation of regional small businesses.

Pinellas County Certified Small Business Enterprises (SBEs) shall be given preference of award on contracts from $5,000 to $100,000 to the lowest responsive, responsible quoter that meets the

Pinellas County SBE Program criteria at time of award, at the discretion of the Board or designated representative. Preference will be given to SBEs that submit within the first five (5) business days of the solicitation. If a responsive and responsible SBE submits a quote after the first five (5) business days, they shall receive a five percent (5%) preference above open market pricing. SBEs shall be awarded economically feasible contracts or portions of contracts.

For more information on eligibility, registration, and certification, please visit Pinellas County

Economic Development at www.pced.org or contact Economic Development at businesshelp@pinellas.gov.

http://www.pced.org/ mailto:businesshelp@pinellas.gov

2. Introduction

ALL QUESTIONS MUST BE SUBMITTED IN OPENGOV WITHIN THE QUESTION & ANSWER

SECTION

THE MISSION OF PINELLAS COUNTY

Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow.

The Pinellas County Board of County Commissioners Purchasing and Risk Management Division has transitioned to OpenGov Procurement for contractor/vendor registration and for posting, submitting, and receiving bids, quotes, and proposals for active solicitations.

Contractors/vendors must register with OpenGov Procurement, https://procurement.opengov.com/signup, to participate on active County solicitations. To stay up to date on all Pinellas County active solicitations, please subscribe to our page, https://procurement.opengov.com/portal/pinellasfl?status=all.

For technical assistance, please contact OpenGov:

Phone: (650)336-7167, Monday – Friday, 7AM to 10PM EST

Email: procurement-support@opengov.com

Chat: send a message to the OpenGov Procurement Support Team once logged on

Vendor Guides: https://help.procurement.opengov.com/en/collections/1392366-vendor-guides

2.1. Summary

Contract for slope mowing services of two (2) ditch/ditches located at Pinellas County Justice Center located at 14250 49th Street, Clearwater, 33762

2.2. Contact Information

Jamie Mclane

Procurement analyst asst.

400 Fort. Harrison

Clearwater, FL 33765

Email: jmclane@co.pinellas.fl.us

Phone: (727) 464-4106

Department:

ADMINISTRATIVE SERVICES

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/pinellasfl?status=all mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/collections/1392366-vendor-guides mailto:jmclane@co.pinellas.fl.us tel:(727)464-4106

2.3. Timeline

Release Project Date January 17, 2024

Pinellas County Certified Small Business

Enterprise Date

January 23, 2024

Proposal Submission Deadline January 25, 2024, 3:00pm

3. General Conditions

3.1. ACCEPTANCE - ENTIRE AGREEMENT

Acceptance of any Purchase Order resulting from this solicitation will be unqualified, unconditional, and subject to and expressly limited by the Terms and Conditions hereon. Pinellas County and the Contractor shall not be bound by additional provisions or provisions at variance herewith that may appear in the

Contractor's quotation, acknowledgement in force, or any other communication from Contractor to

Pinellas County unless such provision is expressly agreed to and confirmed to in writing.

3.2. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR

MERGERS

The contractor shall perform this agreement. If a contractor intends to subcontract a portion of this work, the contractor must disclose that intent in the solicitation. No assignment or subcontracting shall be allowed without prior written consent of the County. In the event of a corporate acquisition and/or merger, the contractor shall provide written notice to the County within thirty (30) business days of contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this agreement, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding an agreement to a contractor, which has disclosed its intent to assign or subcontract in its response to the solicitation, without exception shall constitute approval for purposes of this agreement. The contractor must inform the County in writing within forty-five (45) business days if the contractor’s business entity’s name changes. The contractor will bear all responsibility and waive any rights it may have to relief for any delay in processing a payment associated with the County’s inability to issue payment to the contractor for a business entity name change that the County was not made aware of as reflected herein.

3.3. PAYMENT & FISCAL OBLIGATIONS

A. Fiscal Non-Funding

The Agreement is not a general obligation of the COUNTY. It is understood that neither this

Agreement nor any representation by any COUNTY employee or officer creates any obligation to appropriate or make monies available for the purpose of the Agreement beyond the fiscal year in which this Agreement is executed. No liability will be incurred by the COUNTY, or any department, beyond the monies budgeted and available for this purpose. In the event that sufficient budgeted funds are not available for a new fiscal period, COUNTY will notify the

CONTRACTOR of such occurrence and the Agreement will terminate on the last day of the then-current fiscal period without penalty or expense to the COUNTY.

B. Refunds

The CONTRACTOR will, without delay, provide a full refund to the COUNTY of any payments made, upon failure to timely and completely provide the Services for which the payments were made. At the end of the initial term, pricing may be adjusted based on mutual agreement of the

Parties.

C. Taxes

The COUNTY is immune from taxation. The Florida State Sales Tax Exemption Number for

Pinellas County is 85-8013287050C-7 and the Federal Excise Tax Exemption Number is 59-

6000800. The COUNTY will have no liability for any sales, service, value added, use, excise, gross receipts, property, workers’ compensation, unemployment compensation, withholding or other taxes, whether levied upon CONTRACTOR or CONTRACTOR’s assets, or upon the COUNTY in connection with the Agreement. Payments to County are subject to applicable Florida taxes, which will be the sole responsibility of CONTRACTOR.

D. Travel Expenses

No travel or per diem reimbursement expenses will be paid unless expressly authorized in the

Agreement and approved by the COUNTY in writing in advance. All bills for any authorized travel expenses will be submitted and paid in accordance with the rates and procedures specified in

Section 112.061, Florida Statutes, and in compliance with the COUNTY’s policy for travel expenses.

E. CONTRACTOR must submit invoices for payment due as provided herein with such documentation as required by Pinellas COUNTY and all payments will be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government

Prompt Payment Act.” Invoices will be submitted to the address below unless instructed otherwise on the Agreement or purchase order, or as directed in writing by the ordering department:

Finance Division Accounts Payable

Pinellas County Board of County Commissioners

P. O. Box 2438

Clearwater, FL 33757

Each invoice must include, at a minimum, the Supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the Supplier also include the information shown below, as applicable. Any disputes will be raised and resolved in accordance with the COUNTY’s Dispute Resolution Process for Invoiced Payments (Exhibit B), established in accordance with Section 218.76, Florida Statutes.

INVOICE INFORMATION:

CONTRACTOR Information Company name, mailing address, phone number, contact name and email address as provided on the PO

Remit To Billing address to which you are requesting payment be sent

Invoice Date Creation date of the invoice

Invoice Number Company tracking number

Shipping Address Address where goods and/or services were delivered

Ordering Department Name of ordering department, including name and phone number of contact person

PO Number* Standard purchase order number (if applicable)

Ship Date Date the goods/services were sent/provided

Quantity Quantity of goods or services billed

Description Description of services or goods delivered

Unit Price Unit price for the quantity of goods/services delivered

Line Total Amount due by line item

Invoice Total Sum of all of the line totals for the invoice

Pinellas COUNTY offers a credit card payment process (ePayables) through Bank of America. Pinellas

COUNTY does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information, please visit Pinellas

County’s Purchasing website at ePayables - Pinellas County.

If the Agreement specifies that Purchase Orders are to be utilized, the Purchase Order Number must appear on all packing slips, invoices and correspondence relating to the Order. County will not be responsible for goods delivered without a Purchase Order Number.

3.4. DISCOUNTS

Delay in receiving an invoice, invoicing for products shipped ahead of specified schedule, or invoices rendered with errors or omissions will be considered just cause for COUNTY to withhold payment without losing discount privileges. Discount privilege will apply from date of scheduled delivery, the date or receipt of goods, or the date of approved invoice, whichever is later.

3.5. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS

The laws of the State of Florida apply to any purchase made under this solicitation. Contractors must comply with all local, state, and federal directives, orders and laws as applicable to this solicitation and subsequent agreement(s) including but not limited to Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Enterprise

(MBE), and Occupational Safety and Health Administration (OSHA) as applicable to this agreement.

3.6. INDEMNITY PROVISION

CONTRACTOR agrees to indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the COUNTY, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the COUNTY, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or https://pinellas.gov/epayables-2 arising from the Agreement; or on account of any act or omission, neglect or misconduct of

CONTRACTOR; or by, or on account of, any claim or amounts recovered under the Workers’

Compensation Law; or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon;

or for any violation of requirements of the Americans with Disabilities Act of 1990, as may be amended, and all rules and regulations issued pursuant thereto (collectively the “ADA”) except when such injury, damage, or violation was caused by the sole negligence of the COUNTY.

3.7. INDEPENDENT CONTRACTOR STATUS AND COMPLIANCE WITH THE

IMMIGRATION REFORM AND CONTROL ACT OF 1986

Contractor acknowledges that it is functioning as an independent contractor in performing under the terms of this agreement, and it is not acting as an employee of Pinellas County. The contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and

Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of the agreement will be considered a material breach and grounds for immediate termination of the agreement.

3.8. TRUTH IN NEGOTIATIONS

The contractor certifies to truth-in-negotiation and that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting. Further, the original agreement amount and any additions thereto will be adjusted to exclude any significant sums where the County determines the agreement price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. Such adjustments must be made within one (1) year following the end of the agreement.

3.9. INDEMNIFICATION

Vendor agrees to indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the

County, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the County, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the Agreement; or on account of any act or omission, neglect or misconduct of Contractor;

or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law; or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; or for any violation of requirements of the Americans with Disabilities Act of 1990, as may be amended, and all rules and regulations issued pursuant thereto (collectively the “ADA”) except when such injury, damage, or violation was caused by the sole negligence of the County.

3.10. VARIATION IN QUANTITY

County assumes no liability for products produced, processed or shipped in excess of the amounts ordered pursuant to the terms of the Agreement or associated Purchase Order.

3.11. MATERIAL QUALITY

CONTRACTOR warrants that all products purchased and delivered under the Agreement will be of first quality and not damaged and/or factory seconds. In COUNTY’s sole discretion, goods rejected due to damage, inferior quality, or workmanship may be returned to CONTRACTOR at CONTRACTOR’s expense and are not to be replaced except upon receipt of written instructions from COUNTY. If the COUNTY elects to have such goods replaced, they will be exchanged within 24 hours of notice to the

CONTRACTOR at no charge to the County. All manufacturer, producer or seller warranties offered to any other purchaser are expressly available and applicable to County.

3.12. ACCEPTANCE OF DELIVERABLES

For all deliverables under the Agreement that require formal acceptance by the COUNTY, the COUNTY will have 10 calendar days to review the deliverable(s) after receipt or completion of same by

CONTRACTOR, and either accept or reject the deliverable(s) by written notice specifying any required changes, deficiencies, and/or additions necessary. CONTRACTOR will then have 7 calendar days to revise the deliverable(s) to resubmit and/or complete the deliverable(s) for review and approval by the

COUNTY, which will then have 7 calendar days to review and approve, or reject the deliverable(s);

provided however, that CONTRACTOR will not be responsible for any delays in the overall project schedule that result from the COUNTY’s failure to timely approve or reject deliverable(s) as provided herein. The County will acknowledge final acceptance of the deliverable(s) in writing.

3.13. WARRANTY

Seller warrants that the goods are merchandisable and as described in purchase order.

3.14. DELIVERY/CLAIMS

Prices quoted shall be FOB Destination, freight included and unloaded to location(s) within Pinellas

County. Actual delivery address(s) shall be identified at time of order. Successful contractor(s) will be responsible for making any and all claims against carriers for missing or damaged items.

3.15. MATERIAL SAFETY DATA

In accordance with OSHA Hazardous Communications Standards, it is the Contractor seller's duty to advise if a product is a toxic substance and to provide a Material Safety Data Sheet (SDS) at time of delivery.

3.16. NON-EXCLUSIVE AGREEMENT

Award of this agreement will impose no obligation on the County to utilize the contractor for all work of this type, which may develop during the agreement period. This is not an exclusive agreement. The

County specifically reserves the right to concurrently agreement with other companies for similar work if it deems such action to be in the County's best interest. In the case of multiple-term agreements, this provision will apply separately to each term.

3.17. PERMITS, FEES AND COSTS IMPOSED BY PINELLAS COUNTY TO BE

OBTAINED BY AND/OR BORNE BY CONTRACTOR

The Contractor is responsible for (1) determining and paying any fees that may be necessary to perform this agreement and (2) determining and acquiring any and all permits and licenses required by any

Federal, State or local government entity, agency or board that may be necessary to perform this agreement. The Contractor shall maintain any and all permits and licenses required to complete this agreement.

3.18. SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of the Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed separate, distinct, and independent provision, and such holding will not affect the validity of the remaining portion thereof.

3.19. TERMINATION

A. CONTRACTOR Default Provisions and Remedies of COUNTY

1. Events of Default - Any of the following will constitute a “CONTRACTOR Event of Default” hereunder:

a. CONTRACTOR fails to maintain the staffing necessary to perform the Services as required in the Agreement, fails to perform the Services as specified in the Agreement, or fails to complete the Services within the completion dates as specified in the

Agreement;

b. CONTRACTOR breaches Confidential Information Section of this Agreement;

c. CONTRACTOR fails to gain acceptance of goods and/or services deliverable, for 2 consecutive iterations; or

d. CONTRACTOR fails to perform or observe any of the other material provisions of this

Agreement.

2. Cure Provisions - Upon the occurrence of a CONTRACTOR Event of Default as set out above, the COUNTY will provide written notice of such CONTRACTOR Event of Default to

CONTRACTOR (“Notice to Cure”), and CONTRACTOR will have 30 calendar days after the date of a Notice to Cure to correct, cure, and/or remedy the CONTRACTOR Event of Default described in the written notice.

3. Termination for Cause by the COUNTY - In the event that CONTRACTOR fails to cure a

CONTRACTOR Event of Default as authorized herein, or upon the occurrence of a

CONTRACTOR Event of Default as specified in Termination – CONTRACTOR Default

Provisions and Remedies of COUNTY – Events of Default Section of this Agreement, the

COUNTY may terminate this Agreement in whole or in part, effective upon receipt by

CONTRACTOR of written notice of termination pursuant to this provision, and may pursue such remedies at law or in equity as may be available to the COUNTY.

B. COUNTY Default Provisions and Remedies of CONTRACTOR

1. Events of Default - Any of the following will constitute a “COUNTY Event of Default” hereunder:

a. the COUNTY fails to make timely undisputed payments as described in this Agreement;

b. the COUNTY breaches Confidential Information Section of this Agreement; or

c. the COUNTY fails to perform any of the other material provisions of this Agreement.

2. Cure Provisions - Upon the occurrence of a COUNTY Event of Default as set out above, CONTRACTOR will provide written notice of such COUNTY Event of Default to the COUNTY

(“Notice to Cure”), and the COUNTY will have thirty (30) calendar days after the date of a

Notice to Cure to correct, cure, and/or remedy the COUNTY Event of Default described in the written notice.

3. Termination for Cause by CONTRACTOR - In the event the COUNTY fails to cure a COUNTY

Event of Default as authorized herein, CONTRACTOR may terminate this Agreement in whole or in part effective on receipt by the COUNTY of written notice of termination pursuant to this provision, and may pursue such remedies at law or in equity as may be available to the CONTRACTOR.

C. Termination for Convenience

1. Notwithstanding any other provision herein, the COUNTY may terminate this Agreement, without cause, by giving 30 days advance written notice to the CONTRACTOR of its election to terminate this Agreement pursuant to this provision.

3.20. REMEDIES

Buyer and Seller shall have all remedies afforded by the Uniform Commercial Code and applicable law.

3.21. INQUIRIES

Inquiries relating to the results of this solicitation, prior to the official award by the Pinellas County

Board of County Commissioners may be made by visiting OpenGov or calling the Purchasing Office after

30 days.

3.22. CONFIDENTIAL RECORDS, PUBLIC RECORDS & AUDIT

A. Audit

1. The COUNTY reserves the right to conduct an audit of the CONTRACTOR’s records related to this Agreement and any Products or Services provided hereunder, pursuant to Pinellas

County Code, Chapter 2. The CONTRACTOR must retain any such records for five (5) years following Contract completion and must provide the COUNTY or their authorized representatives complete access to such records for audit purposes during the term of the

Agreement and for five (5) years following Agreement completion. This provision does not entitle COUNTY to audit any records that are not related to the Agreement.

B. Confidential Records & Information

1. Each party will maintain as confidential any Confidential Records & Information, to the extent authorized by Federal and Florida law. Access to Confidential Records & Information will be limited by the Parties to only those employees or agents that must have access to comply with the terms of the Agreement.

C. Cooperation with the Inspector General

1. CONTRACTOR will fully cooperate with the Pinellas County Clerk of the Circuit Court’s

Inspector General in any investigation, audit, inspection, review, or hearing initiated by the

Inspector General on behalf of the COUNTY that is associated with the administration or performance of the Agreement, including but not limited to providing timely access to records, authorizing interviews of CONTRACTOR agents or employees, and responding to requests for information. CONTRACTOR will include and enforce this requirement in any subcontractor agreement.

D. Public Records

1. CONTRACTOR acknowledges that information and data it manages in relation to the

Agreement may be public records in accordance with Chapter 119, Florida Statutes.

CONTRACTOR agrees that prior to providing Services it will implement policies and procedures to maintain, produce, secure, and retain public records in accordance with applicable laws and regulations, including but not limited to Section 119.0701, Florida

Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the CONTRACTOR agrees to charge the COUNTY, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes, and County policy for locating and producing public records during the term of this Agreement. A CONTRACTOR who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10.

2. Upon request from the COUNTY's custodian of public records, CONTRACTOR will provide the

COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

CONTRACTOR will ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the

CONTRACTOR does not transfer the records to the COUNTY.

3. Upon completion of the contract, the CONTRACTOR will transfer to the COUNTY, at no cost, all public records in possession of the CONTRACTOR, or will keep and maintain public records as required by law. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the

CONTRACTOR will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS, ADMINISTRATIVE SERVICES, AT (727) 464-3341,

clerkinfo@mypinellasclerk.org

ATTN: PUBLIC RECORDS LIASON

315 COURT STREET, 4TH FLOOR, ROOM 400, CLEARWATER, FL 33756

4. The Parties acknowledge and agree that the statements and provisions in this Section are required by Florida Statutes to be included in certain contracts. The inclusion of these provisions will not be construed to imply that the CONTRACTOR has been delegated any governmental decision-making authority, governmental responsibility, or governmental function, or that CONTRACTOR is acting on behalf of the COUNTY as provided under section

119.011(2), Florida Statutes. As stated above, CONTRACTOR may contact the COUNTY with questions regarding the application of the Public Records Law; however, CONTRACTOR is advised to seek independent legal counsel as to its legal obligations.

5. The COUNTY cannot provide CONTRACTOR advice regarding its legal rights or obligations.

E. Right to Ownership

1. All work created, originated and/or prepared by CONTRACTOR in performing Services including documentation or improvements related thereto, to the extent that such work, products, documentation, materials or information are described in or required by the

Services (collectively, the “Work Product”) will be COUNTY’s property when completed and accepted, if acceptance is required in this Agreement, and the COUNTY has made payment of the sums due therefore. The ideas, concepts, know. how or techniques developed during the course of this Agreement by the CONTRACTOR or jointly by CONTRACTOR and the

COUNTY may be used by the COUNTY without obligation of notice or accounting to the

CONTRACTOR. Any data, information or other materials furnished by the COUNTY for use by

CONTRACTOR under this Agreement will remain the sole property of the COUNTY.

3.23. E-VERIFY

The contractor and their subcontractor(s) must register with and use the E-verify system in accordance with Florida Statute 448.095. A contractor and subcontractor may not enter into a contract with the

County unless each party registers with and uses the E-verify system.

If a contractor enters a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized aliens. The contractor must maintain a copy of the affidavit for the duration of the contract.

If the County, Contractor, or Subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Florida Statute 448.09(1) they must immediately terminate the contract with the person or entity.

If the County has a good faith belief that a Subcontractor knowingly violated this provision, but the

Contractor otherwise complied with this provision, the County will notify the Contractor and order that the Contractor immediately terminate the contract with the Subcontractor.

A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged to

Section 448.095(2)(d), Florida Statute.

Contractor acknowledges upon termination of this agreement by the County for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the County as a result of termination of any contract for a violation of this section.

Contractor or Subcontractor will insert in any subcontracts the clauses set forth in this section, requiring the subcontracts to include these clauses in any lower tier subcontracts. Contractor will be responsible for compliance by any Subcontractor or Lower Tier Subcontractor with the clause set for in this section.

4. Special Conditions

4.1. INTENT

In accordance with attached specifications, it is the intent of Pinellas County to establish a contract for

CJC Ditch and Slope Mowing to be ordered as and when required.

4.2. QUANTITIES

Quantities stated are an estimate only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous use and/or anticipated needs.

4.3. PRICING/PERIOD OF CONTRACT

Unit prices quote of listed items shall be held firm for the duration of the contract. Duration of the contract shall be through delivery and acceptance of all goods/services by County representative.

4.4. SITE VISIT

To request and schedule a site visit, the vendor must call the County Contact in advance to request and schedule a site visit date, time, and location.

Frank Terry

(727) 464-6154

The sole purpose of the site visit is to provide a tour of the site(s) that will be supported by the contract.

The scope of work and/or quote specifications shall not be discussed during this visit. All questions relating to this quote and the scope of work or technical specifications must be submitted in the

Question & Answer section in OpenGov.

4.5. PURCHASES AT LOWER PRICING

If an item is found during the course of the contract, at a lower price than that awarded by the quote, then the quoter shall extend the lower pricing to the County or the County may purchase that item for the lower price from another provider. The County will provide proof that the lower price is offered by another provider. If the successful contractor(s) lowers their pricing during the term of the contract, the successful contractor(s) shall automatically furnish the lower price to the County without prompting.

4.6. PRE-COMMENCEMENT MEETING

Upon award of bid, the County will coordinate a pre-commencement meeting with the successful

Contractor. The meeting will require Contractor and the County Representative to review specific contract details and deliverable documents at this meeting to ensure the scope of work and work areas are understood.

4.7. DEMONSTRATION

If requested by the County, the Quoter must be prepared to provide a free demonstration of the equipment.

4.8. WORKSITE SANITATION

At the end of each workday, the contractor shall remove from the premises the daily accumulation of waste materials or rubbish caused by his operations. Safety hazards will be immediately corrected by the contractor. The contractor is also responsible for ensuring that any subcontractor hired by him or his subcontractors totally cleanup the worksite at the completion of the work. If the contractor fails to clean up at the completion of the work, the County may do so and deduct the cost of such cleanup from the contractor's most current invoice. The contractor will not be responsible for cleaning up debris left by the County's employees, the public utilizing other areas in the vicinity of the worksite or left by other contractors.

4.9. EQUAL OPPORTUNITY / GIFT & GRATUITY POLICY

Pinellas County is committed to a workplace, which is free from harassment or discrimination of any kind. All Contractors and their agents, while performing work and/or services pursuant to this

Agreement, are expected to conduct themselves accordingly.

All employees of Pinellas County are prohibited from accepting gifts and/or gratuities from Contractors.

Contractor agrees to cause all of its employees, subcontractors, consultants and other agents to honor this policy.

5. Insurance and Indemnification Requirements

5.1. LIMITATIONS ON LIABILITY

By submitting a quote, the Vendor acknowledges and agrees that the services will be provided without any limitation on the Vendor’s liability. The County objects to and shall not be bound by any term or provision that purports to limit the Vendor’s liability to any specified amount in the performance of the services. The Vendor shall state any exceptions to this provision in its response, including specifying the proposed limits of liability in the stated exception to be included in the Services Agreement. The Vendor is deemed to have accepted and agreed to provide the services without any limitation on the Vendor’s liability that the Vendor does not take exception to in its response. Notwithstanding any exceptions by the Vendor, the County reserves the right to declare its prohibition on any limitation on the Vendor’s liability as non-negotiable, to disqualify any quote l that includes exceptions to this prohibition on any limitation on the Vendor’s liability, and to proceed with another responsive, responsible quote, as determined by the County in its sole discretion.

5.2. INDEMNIFICATION

Vendor agrees to indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the

County, its officers, employees and agents from all damages, suits, actions or claims, including reasonable attorney’s fees incurred by the County, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property, or in any way relating to or arising from the Agreement; or on account of any act or omission, neglect or misconduct of Vendor; or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law; or of any other laws, regulations, ordinance, order or decree; or arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon; or for any violation of requirements of the Americans with Disabilities Act of 1990, as may be amended, and all rules and regulations issued pursuant thereto (collectively the “ADA”) except when such injury, damage, or violation was caused by the sole negligence of the County.

5.3. INSURANCE

The Vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below, prior to recommendation for award.

The Vendor shall obtain and maintain, and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth. For projects with a Completed Operations exposure, Vendor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have an AM Best rating of A- VIII or better.

5.4. INSURANCE

A. Submittals should include the Vendor’s current Certificate(s) of Insurance. If Vendor does not currently meet insurance requirements, Vendor shall also include verification from their broker or agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract.

Upon selection of Vendor for award, the selected Vendor shall email certificate that is compliant with the insurance requirements. If the certificate received is compliant, no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s). The Certificate holder section shall indicate

Pinellas County, a Subdivision of the State of Florida, 400 S Fort Harrison Ave, Clearwater, FL

33756. Pinellas County shall be named as an Additional Insured for General Liability. A Waiver of Subrogation for Workers Compensation shall be provided if Workers Compensation coverage is a requirement.

B. Approval by the County of any Certificate(s) of Insurance does not constitute verification by the

County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement. The

County reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the quote and/or contract period.

C. If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the work you will be notified by CTrax, the authorized Vendor of Pinellas County. Upon notification, renewal certificate(s) of Insurance and endorsement(s) should be furnished to

Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi

Data at PinellasSupport@jdidata.com by the Vendor or their agent prior to the expiration date.

1. The Vendor shall also notify the County within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Vendor from its insurer. Notice shall be given by email to Pinellas County

Risk Management at InsuranceCerts@pinellascounty.org. Nothing contained herein shall absolve Vendor of this requirement to provide notice.

2. Should the Vendor, at any time, not maintain the insurance coverages required herein, the

County may terminate the Agreement.

D. If subcontracting is allowed under this quote , the Primary Vendor shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event will the insurance limits be less than $500,000 for Workers’ Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto

Liability if required below.

1. All subcontracts between the Vendor and its subcontractor shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall

a. Require each subcontractor to be bound to the Vendor to the same extent the Vendor is bound to the County by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor;

mailto:InsuranceCerts@pinellascounty.org mailto:PinellasSupport@jdidata.com mailto:InsuranceCerts@pinellascounty.org

b. Provide for the assignment of the subcontracts from the Vendor to the County at the election of Owner upon termination of the Contract;

c. Provide that County will be an additional indemnified party of the subcontract;

d. Provide that the County will be an additional insured on all insurance policies required to be provided by the subcontractor except workers compensation and professional liability;

e. Provide a waiver of subrogation in favor of the County and other Insurance terms and/or conditions as outlined below;

f. Assign all warranties directly to the County; and

g. Identify the County as an intended third-party beneficiary of the subcontract. The

Vendor shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section C and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents.

E. Each insurance policy and/or certificate shall include the following terms and/or conditions:

1. The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the

County.

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

3. The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of

Pinellas County.

4. All policies shall be written on a primary, non-contributory basis.

The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed

Operations exposure, are as follows:

5.5. WORKERS' COMPENSATION INSURANCE

Worker’s Compensation Insurance is required if required pursuant to Florida law. If, pursuant to Florida law, Worker’s Compensation Insurance is required, employer’s liability, also known as Worker’s

Compensation Part B, is also required in the amounts set forth herein.

A. Limits Florida Statutory

1. Employers’ Liability Limits

a. Per Employee $ 500,000

b. Per Employee Disease $ 500,000

c. Policy Limit Disease $ 500,000

B. If Vendor is not required by Florida law, to carry Workers Compensation Insurance in order to perform the requirements of this Agreement, County Waiver Form for workers compensation must be executed, submitted, and accepted by Risk Management. Failure to obtain required

Worker’s Compensation Insurance without submitting and receiving a waiver from Risk

Management constitutes a material breach of this Agreement.

5.6. COMMERCIAL GENERAL LIABILITY INSURANCE

To include, but not limited to, Independent Vendor, Contractual Liability Premises/Operations, Products/Completed Operations, and Personal Injury.

A. Limits

1. Combined Single Limit Per Occurrence $ 1,000,000

2. Products/Completed Operations Aggregate $ 2,000,000

3. Personal Injury and Advertising Injury $ 1,000,000

4. General Aggregate $ 2,000,000

5.7. BUSINESS AUTOMOBILE OR TRUCKER'S/GARAGE LIABILITY INSURANCE

To cover owned, hired, and non- owned vehicles. If Vendor does not own any vehicles, then evidence of

Hired and Non-owned coverage is sufficient. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards, unless Vendor can show that this coverage exists under the Commercial General Liability policy.

A. Limit

1. Combined Single Limit Per Accident $1,000,000

6. Scope of Work

6.1. OBJECTIVE

To establish a contract to provide ditch and slope mowing services.

Service location is Pinellas County Justice Center located at 14250 49th Street, Clearwater, 33762

6.2. SCOPE OF WORK

The County is contracting for service(s) of slope mowing of two (2) ditch/ditches. Mowing of vegetation on the north bank and the west bank of the property. Removal of vegetation along the flow line, to be spread on side banks and mowed.

Service location is Pinellas County Justice Center located at 14250 49th Street, Clearwater, 33762

6.3. REQUIREMENTS

A. Awarded contractor will provide maintenance of traffic for unloading/loading of equipment.

B. For sediment control the awarded contractor will place turbidity boom at the end of the work area. When boom-type slope mowers are operated on the shoulder, a flagger shall be stationed to warn other traffic and assist the operations. Warning signs shall be placed in accordance with the most current edition of the Florida Department of Transportation's "Roadway and Traffic

Design Standards" for Design, Construction, Maintained Systems and the "Manual on Uniform

Traffic Control Devices for Streets and Highways." When mowers are crossing the traveled roadway or bridges, flaggers shall be provided.

6.4. LITTER/DEBRIS REMOVAL

All litter and debris shall be removed prior to and upon completion of mowing. Litter and debris removal includes the pickup, removal, and disposal from the right-of-way and County property of any obstacle such as wood, signs, tires, cans, yard waste, etc., which cannot be traversed by the mowing equipment.

The Contractor shall remove any items such as bags of trash, newspapers, magazines, food containers, boxes, sheets of paper, etc., which will be torn, ripped, scattered or further subdivided by the mowers, resulting in an objectionable appearance. The Contractor shall remove trash from wet areas at least 4-feet from the banks. The cost of litter/debris removal shall be included in the unit price bid for mowing.

6.5. DELIVERABLES

The County retains the right to inspect all work, the project manager may appoint such designees and/or representatives as desired. They shall be authorized to inspect all work done. This right of inspection in no way means or implies County control or other supervision over the work done or the work site. This right is solely for the County's benefit and imposes no duties or responsibilities on the County and confers no rights on any other parties. Such inspection may extend to all or any part of the work. Such designees and/or representatives shall not be authorized to revoke, alter or waive any requirement of the contract documents.

7. Pricing Proposal

24-0217-ITQ CJC DITCH AND SLOPE MOWING

Line Item Description Quantity Unit of

Measure Unit Cost Total No Bid

1 Slope Mowing 1,400 Sq Ft

2 Vegetation Removal and Side Bank

Spreading

1,400 Sq Ft

TOTAL

24-0217-ITQ CJC DITCH AND SLOPE MOWING

Unspecified Funds

Line Item Description Percentage Unit of Measure

3 Unspecified funds not to exceed 10% of total contract 10% Total

8. Vendor Questionnaire

8.1. Are you a Pinellas County Certified Small Business Enterprise (SBE)?* ☐ Yes

☐ No

*Response required

8.2. CONTRACTOR ACCEPTANCE*

Please download the below documents, complete, and upload.

• Vendor.acceptance.5.31.2023...

*Response required

8.3. Delivery ARO*

See Pricing Proposal. Pricing must be submitted within the Pricing Proposal and all pricing must be completed.

An award may not be issued without proof that your firm is registered with the Florida Division of

Corporations, as per Florida Statute §607.1501 www.flsenate.gov/Laws/Statutes/2011/607.1501.

A foreign corporation (foreign to the State of Florida) may not transact business in this state until it obtains a certificate of authority from the Department of State. Please visit dos.myflorida.com/sunbiz/ for this information on how to become registered.

DELIVERY WILL BE ________ DAYS AFTER RECEIPT OF ORDER

*Response required https://government-project.s3.us-west-2.amazonaws.com/49687/7645f179-4885-4e14-a9dc-c4858c9759c9_Vendor.acceptance.5.31.2023.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1705580177&Signature=K3CnbpewbnMyyqPjO16Ys5kzUxI%3D&response-content-disposition=attachment%3B%20filename%3D%22Vendor.acceptance.5.31.2023.pdf%22 https://procurement.opengov.com/portal/pinellasfl/projects/69746?section=616308 https://procurement.opengov.com/portal/pinellasfl/projects/69746?section=616308 http://www.flsenate.gov/Laws/Statutes/2011/607.1501 http://dos.myflorida.com/sunbiz/