Household_Hazardous_Waste_(HHW)_Program_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

RFP-604733-24/TLR

HOUSEHOLD HAZARDOUS WASTE (HHW)

PROGRAM

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: February 5, 2024

DEADLINE FOR QUESTIONS: February 26, 2024

RESPONSE DEADLINE: March 6, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Seminole County

RFP #RFP-604733-24/TLR

Household Hazardous Waste (HHW) Program

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Proposers IV. Instructions for the preparation of Submittals V. Evaluation Phases

Attachments:

B - RFP-604733 DRAFT AGMT

C - Fee Schedule

Title: Household Hazardous Waste (HHW) Program

1. Introduction

1.1. Summary

Seminole County solicitation for a contractor to provide hazardous waste management services that include identifying, characterizing, packaging, labeling, manifesting, transporting and disposing and/or recycling of hazardous waste, other regulated waste and household hazardous waste and providing other related services. Other services include, but are not limited to, responding to hazardous waste related emergencies and providing emergency management services.

1.2. Background

Seminole County (County) is located in Central Florida and has a population of approximately

450,000 residents.

The County’s Household Hazardous Waste (HHW) Program is administered and operated by the Environmental Services Department, Solid Waste Management Division, Environmental

Compliance, Assistance and Pollution Prevention Program (ECAP3). HHW is accepted only from residents of Seminole County, City of Maitland and City of Winter Park. Businesses, other government organizations, non-profits, and anything other than residential are not authorized to deliver hazardous materials to County solid waste facilities.

The County may conduct one (1) or more HHW Collection Event per fiscal year. The County operates one (1) HHW Collection Center located at the Seminole County Central Transfer

Station. The HHW Collection Center is open Monday through Saturday for ten (10) hours per day, 7:30 AM - 5:30 PM.

1.3. Contact Information

Tammy Roberts Procurement Admininstrator 1301 E. Second St Sanford, FL 32771 Email: troberts@seminolecountyfl.gov Phone: (407) 665-7112

Department:

Resource Management - Purchasing & Contracts

1.4. Timeline

Release Project Date February 5, 2024

Question Submission Deadline February 26, 2024, 5:00pm

Proposal Submission Deadline March 6, 2024, 2:00pm mailto:troberts@seminolecountyfl.gov tel:(407)665-7112

2. Scope of Services

2.1. SCOPE OF SERVICES

The Contractor will be responsible for all labor, materials, equipment, incidentals and logistical support services to ensure the proper identification, containment, collection, handling, consolidation, packaging, transportation, treatment, storage, recycling and disposal of hazardous waste, other regulated waste and household hazardous waste (HHW) accepted or generated by the County as specified in the RFP documents. All hazardous waste management activities will be conducted in accordance with hazardous waste operations, transportation and disposal regulations.

The contractor shall provide hazardous waste management services to the County at the fixed site location. Shed cleanouts and other services are conducted at this location approximately monthly and possibly more frequently. VSQG collection events may also be conducted quarterly under this contract. SQG’s that would like to participate in collection events can request disposal services through coordinated “milk runs” conducted by the contractor. The prices for hazardous waste management services in this agreement will be made available to

VSQGs and SQGs.

Although, HHW is excluded from state and federal regulations as a hazardous waste, under this scope of work, all applicable standards for hazardous waste will be followed, including: all waste managed under this contract shall be managed as if it is regulated, except where written authorization is provided by the County for particular waste streams.

2.2. TERMS AND DEFINITIONS

1. Bulk or Bulk Pack– A method of packing shipping containers by consolidating the contents of original containers into the shipping container. (A common example is pouring paint from 1-gallon cans into a 55-gallon drum for shipment.)

2. COPCN – Certificate of Public Convenience and Necessity issued by the Seminole County

Solid Waste Management Division.

3. County – Includes Unincorporated Seminole County, City of Altamonte Springs, City of

Casselberry, City of Lake Mary, City of Longwood, City of Maitland, City of Oviedo, City of

Sanford, City of Winter Park, and City of Winter Springs for the purposes of this agreement. Solid waste management interlocal agreements in place for each of these cities includes disposal of HHW when delivered to the designated facilities.

4. ECAP3 – Environmental Compliance, Assistance and Pollution Prevention Program, the section within the Seminole County Solid Waste Management Division that manages the HHW program.

5. FDEP – Florida Department of Environmental Protection

6. FDOT – Florida Department of Transportation

7. Final Disposal Facility – The facility, at which wastes are destroyed, recycled, treated, otherwise processed or disposed of and will not undergo further processing. This would also include the facility at which the residual materials or byproducts from the final disposal facility, such as incineration ash, are managed.

8. Fuel Blending –The use of flammable wastes, through processing or combining with other flammable wastes, to produce a fuel for energy recovery.

9. HHW – Household Hazardous Waste

10. Incineration – The thermal treatment and destruction of waste where the physical destruction of the waste is the sole intent of the process. Incineration does not include the use of wastes for fuel blending or energy recovery.

11. Intermediate Facility – A facility that is utilized for storage, consolidation, preparation or other purposes for the preparation of wastes for final disposal and delivery to the Final Disposal

Facility.

12. Lab Pack – A method of packing shipping containers with waste items left in their original containers surrounded with absorbent material. A detailed list of the items in the container usually accompanies the container.

13. Loose Pack – A method of packing shipping containers with waste items left in their original containers without absorbent materials. May also be referred to as “Containers in

Drums.” (An example is packing smaller cans of paint related wastes into a 55-gallon drum.)

14. Milk Run – Site visits by the contractor to participating SQG facilities.

15. OSHA – Occupational Safety and Health Administration

16. Other Users – VSQGs, SQGs, and Universal Waste Generators

17. RCRA – Resource Conservation and Recovery Act

18. Recycling –The recovery or use of wastes as a raw material for making products of the same or different nature as the original product.

19. SQG – Small Quantity Generator of Hazardous Waste

20. SWMD – The Solid Waste Management Division of Seminole County

21. Treatment – The processing of wastes by chemical, physical or biological means to remove or reduce their hazardous characteristics or constituents. Includes such processes as neutralization, precipitation and stabilization.

22. TSDF – Transfer, Storage and Disposal Facility recognized and permitted under RCRA

23. VSQG – Very Small Quantity Generator of Hazardous Waste.

24. Universal Waste – Batteries, mercury containing thermostats, thermometers and lamps, mercury containing equipment.

25. Universal Waste Generators – Businesses that generate universal waste.

26. USEPA – United States Environmental Protection Agency

27. Wastes – Hazardous Wastes, Universal Waste, Non-Hazardous Waste or other regulated waste.

2.3. CONTRACTOR'S RESPONSIBILITY

1. The Contractor shall be responsible for providing to the County hazardous waste management services defined as: all labor, supplies, equipment, and logistical support services necessary to insure the proper identification, containment, collection, handling, consolidation, packaging, transportation, treatment, storage, and disposal and/or recycling of hazardous waste, other regulated waste and HHW accepted or generated by the County.

2. All hazardous waste management activities will be conducted in accordance with hazardous waste operations, transportation, and disposal regulations.

3. The Contractor shall provide hazardous waste services at County HHW collection centers on an on-call basis within two weeks of notification.

4. The Contractor shall provide the County with a twenty-four (24) hour, seven (7) days a week emergency contact number. It is the responsibility of the Contractor to update the County of contact changes, as necessary.

5. The Contractor shall provide contact numbers for key administrative personnel, including, but not limited to: Contract Manager, Customer Service, and Account Manager. It is the responsibility of the Contractor to update the County of contact changes, as necessary.

6. The Contractor shall respond within 48-hours of request by the County to provide the

County hazardous waste services in the event of a natural or man-made disaster (e.g., hurricane, tornado, explosion, etc.) or act of terrorism. This response is for hazardous waste services at site(s) designated by the County.

7. The Contractor shall package all materials in the smallest, most economical sized FDOT shipping container. At a minimum, the Contractor shall have 1, 5, 30, and 55-gallon and 1 (one) cubic yard sized containers available for all waste types for all instances of shipping. Other sized containers will be available where appropriate.

8. The Contractor shall provide shipping containers that are sound and meet FDOT shipping requirements.

9. The Contractor shall provide a scale certified for trade, for weighing items to be invoiced by weight. Scale must be certified by the Florida Department of Agriculture and Consumer

Services.

10. The Contractor shall comply with all Federal, State, and Local regulations applicable to hazardous waste and hazardous materials management, handling, transportation, and worker welfare including: 40 CFR, Chapter 62-730 F.A.C., 49 CFR, 29 CFR and any other applicable regulations for all material managed under this agreement.

11. The Contractor shall prepare and maintain Uniform Hazardous Waste Manifests (current revision) in accordance with 40 CFR for all waste managed under this agreement. Completed copies of the manifest shall be provided to the County prior to material being moved off site. A final manifest shall be submitted to the County within thirty (30) calendar days of waste being transported off-site.

12. The Contractor shall provide to the County a complete inventory and preliminary project costs before material is removed from site. The Contractor shall provide the County with a complete record of the contents of each lab pack drum before waste is transported off-site.

13. The Contractor shall provide the County with a Drum Summary Breakdown sheet identifying the quantity and size of each container, sorted by waste type and description, within fourteen (14) calendar days of waste being transported off-site.

14. The Contractor shall provide the County with a completed invoice within thirty (30) calendar days of waste being transported off-site. The Contractor, unless otherwise directed in writing by the County Project Manager or designee and in accordance with all applicable regulations, will dispose of all hazardous and regulated County generated waste at USEPA permitted RCRA hazardous waste disposal facilities. Any and all exceptions shall be pre-approved in writing by the County’s representative prior to the waste being moved off site. The

Contractor is solely responsible for complying with all requirements mandated by designated permitted Treatment, Storage or Disposal facilities regarding labeling, manifesting, packaging, segregation and transportation of hazardous waste and other regulated materials to ensure acceptance of collected wastes at the final disposal site. The Contractor shall complete any waste profiles, manifests, bills of lading, and other paperwork necessary for all materials or waste to satisfy requirements of the permitted transfer, storage, or disposal facilities receiving the materials or waste and/or all applicable regulatory authorities. The Contractor shall sign all manifests, upon review of their conformity with all federal and state rules and regulations prior to shipment. Bills of lading will be used when appropriate. The Contractor is required to submit proof of proper reuse, certificates of disposal, recycling, treatment, and destruction to the

County. If waste is transferred from a Treatment, Storage, or Disposal Facility to another facility for final disposal or destruction, a Certificate of Disposal or Destruction from the final disposal or destruction facility shall also be submitted to the County.

15. The contractor shall ensure that all transporters possess local, state and federal transporter permits and that all local, state and federal regulations concerning packaging and transport of hazardous waste encountered in-route are complied with.

16. The Contractor shall provide the County Project Manager or designee a copy of any regulatory notices or citations issued for any transfer, treatment, or disposal facility that is or has been used for the management of Seminole County waste within ten (10) working days of issuance by the regulatory agency.

17. The Contractor is responsible to ensure and document that all Mercury collected in

Seminole County, under this contract, is recycled in a way that it is not released back into the environment. For example, recycled Mercury shall not be sold to any organization or business within the United States or outside the United States that uses this material in any mining operations.

18. The Contractor shall notify the County within three (3) working days of any waste found to deviate from the original shipping documentation. Detailed quality control analysis documentation must be provided to the County before any price changes can be assessed on the waste.

19. The Contractor’s Project Manager assigned to this project must have 2 years of experience and Field Chemist qualifications.

20. For this agreement, Field Chemists must possess a four (4) year college degree in

Chemistry or other related discipline.

21. All Contractor personnel assigned to this contract will have current training and/or certifications pursuant to USEPA, OSHA, FDOT and other regulatory agencies to manage and transport hazardous waste.

22. The Contractor shall not package or transport non-hazardous solid waste or empty containers formerly containing hazardous substances, unless directed by the County Project

Manager or designee.

23. The Contractor will physically show the County Project Manager or designee all containers that have not been completely filled with waste prior to closing the container for transport.

24. If at any time the County Project Manager or designee questions the contents of any container it will be reopened by the Contractor for the County Project Manager’s inspection.

25. The Contractor shall be responsible for providing all services necessary to ensure the proper identification, collection, handling, consolidation, packaging, transportation, treatment, storage and disposal of hazardous waste received from VSQGs. This includes VSQG hazardous waste received at scheduled VSQG collection events and/or any VSQG hazardous waste received at a HHW collection event. The Contractor will bill the VSQG directly and the

VSQG shall pay all costs incurred for these services.

26. The contractor shall charge VSQGs within Seminole County the prices indicated in the price schedule proposal for waste accepted at a County collection event.

27. The Contractor shall, through mutual agreement with County staff, develop and implement collection events for SQGs and VSQGs that generate hazardous waste within the County and that desire to use the County Contractor to provide hazardous waste disposal services, where the VSQGs and SQGs bring their HW to the County HHW facility. These VSQGs and SQGs may be charged additional transportation rates as shown in Price Proposal Group C.

28. The County shall not be responsible for the collection, packaging, shipping, transportation, or disposal of VSQG hazardous waste accepted by the Contractor, nor for the cost incurred by the Contractor in the performance of this work.

29. The Contractor shall provide all participating VSQGs with Uniform Hazardous Waste

Manifests (current revision) or other acceptable documentation demonstrating that they have shipped their hazardous and/or other regulated waste for proper disposal.

30. The Contractor shall maintain a Certificate of Public Convenience and Necessity (COPCN) issued by the Seminole County Solid Waste Management Division during the life of the agreement.

The following apply if the Contractor is willing to conduct HHW Collection Events:

31. The Contractor shall plan on conducting a minimum of one (1) HHW event per County fiscal year (October 1 through September 30) and have the capability to conduct a minimum of five (5) additional HHW and/or Very Small Quantity Generator (VSQG) collection events per fiscal year.

32. The Contractor will provide a fully trained crew sufficient to adequately conduct the event, including the handling of traffic control and removal of waste from vehicles. The Contractor shall be able to provide at least twenty-five (25) individuals for any event. The Contractor and the

County shall agree to the actual staffing the Contractor will provide at least two (2) weeks prior to the event.

33. The Contractor shall provide all equipment and materials necessary for setting up and operating at the County’s designated collection site. This includes but, is not limited to: portable tents capable of adequately sheltering the sorting and packing operation as well as Contractor and County personnel.

34. The Contractor shall also provide safety equipment necessary to protect Contractor personnel and workers provided by the County and/or partnering municipality. Such safety equipment will include, but not be limited to: safety glasses, face shields, gloves, coveralls, aprons, eye wash units, etc. Contractor personnel and County workers must properly utilize safety equipment at all times when they are in the collection work area.

35. The Contractor must be set up and completely operational at least thirty (30) minutes prior to the scheduled starting time for the event. The contractor shall maintain good housekeeping within the site throughout the event. The Contractor shall appropriately clean the site after every collection event.

36. If participation rates exceed the Contractor’s capability to properly manage the collection event, the Contractor will mobilize additional personnel, equipment and materials, as required, at the request of the County.

37. In the event that hazardous waste must remain on-site overnight during any collection event, the Contractor shall provide security personnel to ensure that the waste is not disturbed or tampered with.

38. The Contractor shall provide the County Project Manager or designee the option to transport to the County’s HHW Collection Facility the contents of any partially filled container at the end of each collection event.

39. The Contractor crew will include a Project Manager who must be on-site at all times during the operation, packaging, and final truck loading of the event.

2.4. COUNTY'S RESPONSIBILITIES

1. The County reserves the right to coordinate with other companies the transportation, recycling and/or disposal of specific wastes. Examples include, but are not limited to:

electronics, used oil, waste gasoline or other fuels, waste antifreeze, used oil filters, mixtures of used oil and water, waste cooking oil, flares, ammunition, propane gas cylinders, photographic waste, fluorescent lamps, other mercury containing devices, latex paint, batteries, solid waste

(i.e., trash, litter) and other waste.

2. Electronics recycling is not part of this contract.

3. The County, at its sole discretion, may schedule as many collection events as it desires, or no collection events at all.

The following apply if the Contractor is willing to conduct HHW Collection Events:

4. The County will coordinate the schedule of collection events with the contractor so that the

Contractor is aware of and agrees with the schedule at least four (4) calendar weeks prior to the event being held.

5. The County reserves the right to cancel or reduce the hours of operation of any scheduled collection event.

2.5. PROVISION OF EQUIPMENT AND SUPPLIES

Contractor shall provide all equipment and supplies when necessary to complete or conduct the work described herein, including, but not limited to, transport vehicles, personal protective gear, emergency gear, equipment, forklift, drum grabber attachment for forklift, pallet jack, pallets, cubic yard boxes, drums, over pack drums, other packaging materials, dumpsters, tarp or plastic film, emergency eyewash, safety equipment, traffic cones, decontamination material, spill prevention or cleanup supplies and equipment, portable toilets, lighting, tents, trucks with hydraulic lifts.

3. Instructions to Proposers

3.1. Contact

All prospective Proposers are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, Tammy Roberts, regarding this RFP or their written proposal at any time prior to the posting on the COUNTY’S Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your proposal. Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Proposal Conference

There will not be a Pre-Proposal Conference for this RFP.

3.3. Public Opening

Electronic submittals shall be received by PCD online in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7112. The

Public Opening via ZOOM https://us06web.zoom.us/j/84499184101?pwd=UVhDbk9IS3lnZkZUMW9WV01vWlp3UT09 /

Meeting ID: 844 9918 4101 / Passcode: 760550

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: (https://secure.procurenow.com/portal/seminolefl)

3.5. Proposal Submission and Withdrawal

The COUNTY will accept submittals electronically via the COUNTY’s e-Procurement Portal until

2:00 pm on Wednesday, March 6, 2024. Proposals received after the scheduled due date and time for submission shall not be considered. Proposals submitted in any other format other than via the COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Proposer for this solicitation and will appear on the Follower’s list. Proposers that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this RFP. If a Proposer encounters technical difficulties using the COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by OpenGov-Procurement, the

Software Administrator. Proposers may also contact the Software Administrator using the real-http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Proposers shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic proposal before the deadline indicated herein shall be at the Proposer's sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the

Submission Status shows as “Submitted” the submission is complete. At that point, the

Proposer will also receive an email confirmation from the COUNTY’s e-Procurement Portal.

Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-

7112, before the 2:00 pm deadline.

The Proposer is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal.

Proposers may withdraw their submittal electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Proposers should carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFP documents including the attached Draft Agreement, shall be requested in writing, and received no later than 5:00 pm on Monday, February 26, 2024. Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this RFP. If the Q&A deadline has passed, a Proposer may contact the COUNTY directly if necessary at troberts@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

Should revisions to the RFP documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the RFP’s Followers list. All

Proposers should check the COUNTY's Website or notify Tammy Roberts to verify information regarding Addenda. Failure to do so may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. By execution of the Formal Notice for this RFP, the

Proposer acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Proposer to ensure that they obtain information related to any Addenda.

3.8. Selection Process and Award

Proposals will be reviewed by the COUNTY Evaluation Committee in accordance with the evaluation criteria set forth in the RFP documents. The COUNTY reserves the right to conduct interviews and require presentations of any or all Proposers prior to selection. The COUNTY will not be liable for any costs incurred by the Proposer in connection with such presentations.

Should oral presentations for this RFP be required by the COUNTY, the evaluation criteria and weights shall be used to short-list the Proposers. The County will award a contract based on the proposal that best meets the County's requirements. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety.

3.9. Proposal Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the

Proposer's ability to meet the requirements of this RFP.

3.10. Accuracy of Proposal Information

By submission of a proposal, Proposer acknowledges that they have carefully examined the

Request for Proposal documents and agrees to furnish the services specified in the solicitation at the prices, rates or discounts as proposed. Proposers agree that their proposal will remain firm for a period of up to one hundred twenty (120) days in order to allow the County adequate time to evaluate the submittals.

By submission of a proposal, Proposer agrees to abide by all conditions of this proposal and understands that a background investigation may be conducted by the Seminole County

Sheriff’s Department prior to award. Proposer certifies that all information contained in their proposal is truthful to the best of their knowledge and belief. Proposer further certifies that they are duly authorized to submit this proposal on behalf of the vendor/Proposer as its act and deed and that the vendor/Proposer is ready, willing and able to perform if selected.

3.11. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Proposer’s submitted proposal and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Proposers review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Agreement. The COUNTY reserves the right to reject the award to any Proposer that fails to provide the insurance as required within the COUNTY’s Award Agreement.

3.12. Licenses

Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal under this RFP. Failure of the Proposer to be fully licensed and certified, may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., is the responsibility of the Proposer.

3.13. Posting of the RFP’s Recommendation and Intent to Award

The recommendation and intent to award for this RFP will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). Failure to file a protest with the COUNTY’s

Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.14. Public Records

Upon recommendation and intent to award this RFP as posted to the COUNTY’s website or thirty (30) calendar days after closing, proposals are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by uploading any information deemed confidential separately under “Confidential Files,” and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With Public Records Law” Form, which is required as part of the RFP documents.

Ownership of all data, material, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the Public Records Law; however, the

Proposer must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

3.15. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Proposer to solicit or secure the Award

Agreement for this RFP, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Award Agreement. For the breach or violation of this provision, the

COUNTY shall have the right to terminate the Award Agreement at its sole discretion, without liability and to deduct from the Award Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.16. Rejection/Disqualification

The COUNTY reserves the right to reject the proposal of any Proposer who has failed to perform, in a timely manner, the scope of services of a previously awarded agreement. The

COUNTY reserves the right to inspect all facilities of Proposers in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal submittal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers.

Proposals in which the prices obviously are unbalanced will be subject to rejection.

3.17. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this RFP in their entirety.

3.18. Affirmation

By submission of a proposal, the Proposer affirms that their proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Proposer agrees to abide by all conditions of this RFP and the resulting Award Agreement.

3.19. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing and

Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or order at no further expense to the County.

3.20. Advertising

In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval of the County Manager’s Office.

3.21. Patents and Royalties

Unless otherwise provided, the Proposer shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this

PS. The Proposer, without exception, shall indemnify and save harmless the County and its 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 Proposer. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Proposer. If such a claim is made, the Consultant shall use its best efforts to promptly purchase for the County the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to County that will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Proposer and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

3.22. Drug-Free Workplace Compliance

Proposer shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the proposal and all agreements as a result of this solicitation.

3.23. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the

State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.24. Proprietary/Restrictive Specifications

Proposers who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts

Division of their rejection upon receipt of this Request for Proposals and prior to the due date.

3.25. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

3.26. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document and

Award Agreement shall apply. Any and all additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or special conditions in these RFP documents and any Addenda issued under this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature on the Proposal Response

Form attests to this.

3.27. Price Redeterminations

1. During the Renewal Term: Petitions for price redeterminations must be made at the time of

County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term.

2. Outside the Renewal Term: Petitions for price redeterminations must be made within thirty

(30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract.

BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and

Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the

PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.

WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment

Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the

U.S. Department of Labor available at www.bls.gov.

MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division.

• Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.

If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated.

FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten

(10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for

Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057".

MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the

Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor

Statistics.

PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows:

Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).

PPI in the month the solicitation closed was 158.73 264.52

Current PPI is 264.52 -158.73

=105.79

105.79 divided by 158.73 = .666%

The unit cost of the service is $100.00

14% of $100.00 = $14.00

$14.00 x .666 = $9.32

The New Unit Price for the service is $109.32 ($100.00 + $9.32)

3.28. Expiration Upon Failure to Agree to Price Redetermination

If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section, then the Contract will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination.

Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Contract. If the contract expires pursuant to the terms and conditions of this

Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible

Contractor.

3.29. Quantities

Seminole County will not be held to any maximum or minimum purchase quantities as a result of this solicitation and/or resulting contract. Seminole County reserves the right to purchase any;

all, or none, of its requirements from vendors awarded a contract as a result of this solicitation.

All quantities as shown are approximate and no guarantee is made. Except as this contract may otherwise provide, if the County’s requirements do not result in orders in the quantities described as “estimated” in the contract’s price schedule, that fact shall not constitute the basis for an equitable adjustment.

3.30. Purchasing Agreements with Other Government Agencies

All Applicants submitting a response to this solicitation agree that such response also constitutes a submittal to all governmental agencies within the State of Florida, under the same conditions, for the same contract price, and for the same effective period as this proposal, should the Applicant feels it is in their best interest to do so. Each governmental agency desiring to accept these submittals, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this solicitation. This agreement in no way restricts or interferes with the right of any governmental agency to re-solicit any or all items.

4. Instructions for the preparation of Submittals

The Proposer is expected to completely analyze the information contained in this Request for

Proposals (RFP) as guidance for the preparation of their written proposal. The Proposer’s written proposal should be specific, detailed, and complete in order to clearly and fully demonstrate the Proposer’s understanding of the proposed work requirements, and it should include a logical plan to accomplish the task(s) under the proposed scope of work.

The Proposer(s) warrants…