Operable_Partition_Maintenance.pdf

INVITATION FOR BIDS

Y25-107

OPERABLE PARTITION MAINTENANCE

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: October 8, 2024

DEADLINE FOR QUESTIONS: October 24, 2024, 5:00 pm

RESPONSE DEADLINE: November 7, 2024, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Orange County, Florida

INVITATION FOR BIDS

Operable Partition Maintenance

I. Introduction & Submittal Instructions II. Solicitation Terms & Conditions

III. Scope of Services / Specifications IV. Business Development V. Insurance Requirements

VI. Contract Terms and Conditions VII. Special Terms and Conditions

VIII. Bid Response Form (Submittal) IX. Fee Schedule X. Required Contract

Invitation for Bids #Y25-107 Title: Operable Partition Maintenance

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed offers for Operable Partition Maintenance (Y25-107)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Thursday, November 7, 2024.

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated

OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The County is ONLY accepting electronic submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login . Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic offer.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The County shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com

Phone: 1 (650) 336-7167 Hours: Mon-Fri 7am - 10pm EST

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Thursday, October 24, 2024 at 5:00 pm EST. Respondents are instructed not to contact the initiating division directly.

https://procurement.opengov.com/login

Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other Contract documents shall be considered binding. The

County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division.

Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email alina.hernandez@ocfl.net. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

1.2. Background

Orange County exercises the rights and privileges conveyed to it by the State of Florida, and the Orange

County Charter. It presently operates with an elected chief executive officer, Orange County Mayor, and six elected district commissioners, who together comprise the Board of County Commissioners.

Procurement is an essential function of the County, affecting all operational departments, ongoing projects and future initiatives. The Procurement Division is divided into three (3) Sections, the “Buying

Section”, the “Purchasing Section” and the “Contracts Section”.

The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-

CPP, CFCM, CPPO, CPPB as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Alina Hernández Fernández

Contracts Supervisor

Email: alina.hernandez@ocfl.net

Phone: (407) 836-5548

Department:

Administrative Svcs., Procurement Division mailto:alina.hernandez@ocfl.net tel:(407)836-5548

1.4. Timeline

Release Project Date October 8, 2024

Pre-Solicitation Meeting (Non-Mandatory) October 21, 2024, 11:00am

Pre-Solicitation Meeting (Non-Mandatory)

Microsoft Teams

Join the meeting now -https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMx

LTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?cont ext=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-

8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f

24-7f39-4ada-b30b-0b785df8d6e1%22%7d

Meeting ID: 256 841 736 559

Passcode: oBsWUA

Dial in by phone

+1 689-206-9279,,78219958# United States, Orlando

Find a local number

Phone conference ID: 782 199 58#

Question Submission Deadline October 24, 2024, 5:00pm

Submission Deadline November 7, 2024, 4:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I2YTgzNjgtMjJhNS00YmMxLTlkMWMtYjFjZTBkNjkyYTM3%40thread.v2/0?context=%7b%22Tid%22%3a%22d054bfee-60a6-4f9f-8d90-a10bc4585279%22%2c%22Oid%22%3a%22132a2f24-7f39-4ada-b30b-0b785df8d6e1%22%7d

2. Solicitation Terms & Conditions

2.1. Contract Award

Award shall be made on an all-or-none total (or estimated total) basis to the lowest responsive and responsible Respondent.

Failure to provide pricing for ALL line items shall render the response non-responsive.

2.2. Inspection of Worksite

It is the Respondent’s responsibility to become fully informed as to the nature and extent of the work required, local site conditions and any other factors that may impact performance of the contract.

The responsibility to inspect the worksite is the sole responsibility of the Respondent. Arrangement for

Respondent's inspection of facilities and/or activity schedules may be secured from Elizabeth (Liz) Rich, Liz.Rich@occc.net, telephone (407) 685-5854.

After contract award, no additional compensation shall be made as a result of differences between actual labor and materials required to complete the project and the contract amount.

2.3. License, Certification and Authorization

Respondent shall provide copies of all applicable licenses, certifications and authorizations required to lawfully perform the proposed work.

2.4. Contract Term

The Contract resulting from this solicitation shall commence effective upon execution by both parties and shall specify a performance period of five (5) years. For the duration of the contract, any changes in the terms and conditions shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties.

2.5. Bid Acceptance Period

A bid shall constitute an irrevocable offer for a period of one hundred twenty (120) days from the public opening date or until the date of award. In the event that an award is not made by the County within one hundred twenty (120) days from the public opening date, the respondent may withdraw their offer or provide a written extension without modification.

2.6. Proprietary/Restrictive Specifications

If a prospective respondent considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement

Division prior to the question submission deadline. Specifications which are unrelated to performance will be considered for deletion via addendum to this solicitation.

2.7. Development or Assistance with Specifications /Requirements /Statements of Work

Firms or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or documents contained within this Solicitation are excluded from competing for this Solicitation.

This shall not be applicable to firms or individuals providing responses to a publicly posted Request for

Information (RFI) associated with this Solicitation.

2.8. Laws and Regulations

The Respondent's attention is directed to the fact that all applicable Federal and State laws, municipal and county ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the Contract throughout, and they will be deemed to be included in the

Contract the same as though herein written.

Respondents are hereby provided notice of the provisions of Section 287.05701, Florida Statutes

2.9. Minority and Women Owned Enterprise Requirements

See #Business Development section of this solicitation for additional Solicitation Terms and Contract

Terms.

2.10. No Reciprocal Preference

The County's option to award a reciprocal preference, provided in the Orange County Code of

Ordinances, Sec. 17-310, Competitive sealed bid process, is waived and shall not be applicable to this solicitation award.

2.11. Price/Delivery

Price(s) offered must be the price(s) for new goods, unless otherwise specified. Any offers containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

“Acceptance” as herein used means the acceptance by Orange County after the Manager, Procurement

Division or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications.

Deliveries resulting from this offer are to be performed during the normal working hours of the

County. Time is of the essence and the Contractor’s delivery date must be specified and adhered to.

Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor shall be required to compensate the County for the difference in price paid for the alternate goods. The Contractor shall be responsible for making any and all claims against carriers for missing or damage goods. Partial shipments will be acceptable unless otherwise stated.

https://procurement.opengov.com/portal/orangecountyfl/projects/104893/document?section=953965

2.12. Federal and State Tax

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property

(Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida

Sales/Use Tax Exemption Certificate).

Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

2.13. Acceptance/Rejection/Cancellation

The County reserves the right to accept or to reject any or all offers and to make the award to that respondent who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the offer of any respondent who has previously failed in the proper performance of an award, to deliver on time contracts of a similar nature, or who, in the County’s opinion, is not in a position to perform properly under this award.

The County reserves the right to inspect all facilities of respondents in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-solicitation. Award will be made to the lowest responsive and responsible respondent as determined by the County.

The County reserves the right, and the Manager, Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

2.14. Certification of Independent Price Determination

By submission of this offer, the Respondent certifies, and in the case of a joint offer each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other respondent or to any competitor; and, C. No attempt has been made or shall be made by the Respondent to induce any other person or respondent to submit or not to submit an offer for the purpose of restricting competition.

2.15. No Bid

Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.

Respondents are cautioned that indicating "NO BID" on solicitations requiring all-or-none offers may result in the offer being deemed non-responsive.

2.16. Bid Tabulation and Recommended Award

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801.

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the

Procurement Division at procurement@ocfl.net or by calling (407) 836-5635. Please specify the solicitation number for which you are inquiring. Solicitation public opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful Respondents will not be notified, unless a request is submitted in accordance with this paragraph.

2.17. References

Respondent shall supply (with the bid form) a list of at least three (3) client references successfully completed by the Respondent, within the last ten (10) years, immediately preceding the due date of bid submittal in response to this Invitation for Bids. Failure to provide this information may be cause for rejection of the bid.

Each client reference shall be listed with complete information as specifically provided on County’s provided reference form. The specific information on references must be provided on the reference form. Do not attach listings of reference information.

All Respondents must submit the requisite number of references. Each such reference must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

a. Each reference provided by the Respondent has up to date contact persons and contact information;

b. The contact person provided for each reference is someone who has personal knowledge of the

Respondent’s performance during the referenced project; and

c. The contact person for each reference has been contacted by the Respondent regarding this specific bid submittal and such person confirmed their willingness to serve as a reference.

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://apps.ocfl.net/orangebids/bidresults/results.asp

THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL REJECT ANY AND ALL REFERENCES

THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to follow up with – at minimum – the three (3) lowest Respondents for supplemental submission of references/similar projects. Any such opportunity to supplement or correct granted to a

Respondent by the County under this provision shall expire at 11:59pm county local time on the second full county business day after the day on which such Respondent received the County’s request for supplementation. There will be no additional time or consideration granted by the County thereafter.

Respondents found responsible under this “REFERENCES” section may still ultimately be deemed to be not responsible by the County due to other considerations including, but not limited to, other information provided in the Respondent’s bid submittal, as well as any history the Respondent may have of negative performance on previous County project(s). ULTIMATELY, THE DETERMINATION OF

WHETHER A RESPONDENT IS DEEMED RESPONSIBLE SHALL BE AT THE SOLE DISCRETION OF THE

COUNTY.

2.18. Posting of Recommended Award and Protests

The recommended award will be posted for review by interested parties at the Procurement Division and at:

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the

Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The County may void any contract where the County Mayor, one or more County Commissioners, or a

County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No.

2002-15.

Orange County Protest Procedures:

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings.

2.19. Offer and Related Costs

By submission of an offer, the Respondent agrees that any and all costs associated with the preparation of the offer will be the sole responsibility of the Respondent. The Respondent also agrees that the

County shall bear no responsibility for any costs associated with the preparation of the offer including, but not limited to, any administrative or judicial proceedings resulting from the solicitation process.

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

2.20. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

2.21. Public Entity Crime

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

2.22. Florida Convicted/Suspended/Discriminatory Complaints

By submission of an offer, the Respondent affirms that it is not currently listed in the Florida

Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

2.23. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All Respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of

Orange County. Further, all Respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its branches. Should the Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

2.24. Ethics Compliance

The following forms are included in this solicitation within the Contract Compliance Packet and shall be completed and submitted as indicated below:

• Relationship Disclosure Form – The purpose of this form is to document any relationships between a Respondents to an Orange County solicitation and the Mayor or any other member of Orange County, Florida. This form shall be completed and submitted with the applicable bid to an Orange County solicitation.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

No contract award shall be made unless compliance forms have been completed and submitted. Any questions concerning these forms shall be addressed to the contact identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.25. Payment Terms/ Discounts

The County’s payment terms are in accordance with Florida Statute 218, Local Government Prompt

Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

2.26. Clarifications

It is the Respondent's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Respondent's must contact the Procurement Division using the contact information herein prior to the bid question/answer deadline, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Respondent and the County.

2.27. Pricing Errors

If an error is committed in the sub-total extension of an item or the overall total, the unit price as shown in the Respondent's submittal will govern.

Errors between any amount computed erroneously, and the correct amount thereof will be resolved in favor of the correct amount based on the unit price.

Any discrepancy between words and numbers will be resolved in favor of the written words.

2.28. Execution Of Written Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid Package and identified as the #Required Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the

County to this Respondent; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

2.29. Trade Secret Information

Orange County is subject to the State of Florida’s broad public records laws. Therefore, all documents, materials, records, data, or any other information submitted as part of a solicitation response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

Section 815.045, Florida Statutes, makes trade secret information, as defined in Section 812.081, Florida

Statutes, confidential and exempt from disclosure under Florida public records law. However, please note the following:

https://procurement.opengov.com/portal/orangecountyfl/projects/104893/document?section=953969

A. A Respondent’s desire for privacy of particular information submitted to the County does not make such information trade secret information. Respondents cannot render public records exempt from disclosure as containing trade secret information merely by designating information it furnishes to the County as confidential. Only information that specifically meets the exemption in Section 815.045, Florida Statutes, should be designated as trade secret information by Respondents.

B. Any Respondent who fails to designate information contained in its solicitation response as trade secret information at the time of solicitation response submittal has not taken the required measures or made reasonable efforts to maintain such information’s secrecy and has therefore waived any right to assert trade secret protections for such information. The County will therefore not consider any Respondent’s request to designate information in a solicitation response as trade secret information that is made after the time of solicitation submittal.

The County is not soliciting, nor does it desire, the submission of any Respondent’s trade secret information as part of this solicitation response. Notwithstanding the foregoing, to the extent that a

Respondent finds it necessary to designate certain information in its solicitation response as being trade secret information, the Respondent shall attach the following items to its solicitation response:

A. Trade Secret Information Itemization Log. The Respondent shall create and attach to its solicitation response a “Trade Secret Information Itemization Log” that:

1. Clearly itemizes any and all information that the Respondent designates as confidential trade secret information.

2. Completes such itemization in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information.

3. Per item, provides the impacted submittal section/item number, a written explanation that comprehensively supports the Respondent’s classification of such information as trade secret information under state or federal law, and the legal citation under which such information is exempt and confidential from disclosure.

B. Redacted Impacted Submittals. For each submittal that contains information designated by the

Respondent as trade secret information, the Respondent shall attach a redacted copy of such impacted submittal. Such redactions must include notations containing cross-references to the itemized trade secret information as submitted in the Trade Secret Information Itemization Log.

Redactions must be made in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information. Each redacted submittal copy must have a cover page and page header that is clearly marked as “REDACTED COPY”.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable state or federal law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, the County is unable to accept broad designations of confidentiality or exemption from disclosure. Consequently, any such broad classification of trade secret information made by a Respondent may lead to its solicitation response being deemed non-responsive.

B. As a responsible steward of taxpayer funding and in the interest of transparency and accountability to the general public, the designation of the following information as trade secret information is not acceptable to the County and will therefore lead to a Respondent’s solicitation response being deemed non-responsive:

1. Any proposed rates, fees, or prices;

2. The total bid amount;

3. The general nature of the services rendered or goods being provided; and

4. Any information contained in the County’s solicitation documents, including the

Respondent’s answers to any of the questions in the bid response form (not including any impacted submittals).

Any Respondent that submits a solicitation response that in any manner asserts or suggests that information contained therein is the Respondent’s trade secret information hereby acknowledges and agrees to all of the following:

A. To the extent the County deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s solicitation response, the County and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as trade secret information. The County may make copies of, and distribute, the Respondent’s unredacted impacted submittals for the purposes of facilitating evaluation of such response.

B. For auditing purposes, the County may disclose the Respondent’s unredacted impacted submittals to the Orange County Comptroller’s Office and the County’s internal and external auditors. Additionally, should funding for the award be in any part provided by the State of

Florida or the Federal Government, the County may also disclose the Respondent’s unredacted impacted submittals to such entities for auditing purposes.

C. Trade secret information is not exempt under the broad open meetings provisions of Florida law. Accordingly, any information that the Respondent designates as trade secret information in its solicitation response may be openly discussed at public meetings that comply with Section

286.011, Florida Statutes. The County will, however, exclude or redact any such designated trade secret information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated trade secret information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Orange County, Florida, immediately, but no later than ten (10) calendar days from the date the Respondent receives written notification from the County that a request for information designated by the Respondent as trade secret information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated trade secret information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in the County’s release of the requested records.

E. The Respondent shall hold harmless and indemnify the County, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees

(including attorneys’ fees), or damages arising from or related to any designated trade secret information submitted or otherwise provided to the County by the Respondent, including but not limited to those arising from the County’s non-disclosure of such information in response to a public records request.

F. The protection afforded by section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by the County.

G. The confidentiality protections and records exemptions for any information designated by the

Respondent in its solicitation response as being trade secret information shall expire five (5) years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the

County reserves the right to follow up with Respondents to seek clarification and to request additional information regarding any Respondent’s confidential trade secret designations.

The Trade Secret Information Itemization Log can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

2.30. Anti-Human Trafficking

Respondents shall confirm that they do not engage in or permit the use of coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Failure to confirm shall deem the offer non-responsive.

Section 787.06(2), Florida Statutes, defines “coercion”, “labor”, and “services” as follows:

• “Coercion” means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

(4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

• “Labor” means work of economic or financial value.

• “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

Execution of any contract resulting from the award of this solicitation shall require respondents to attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Respondents are cautioned to review this form in detail as it is a firm requirement of the Contract. The Human Trafficking Affidavit can be found at on the County's

Forms and Resources website (https://www.ocfl.net/vfr).

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0893/Sections/0893.03.html https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Human%20Traffic%20Template.docx https://www.ocfl.net/vfr)

3. Scope of Services / Specifications

3.1. SPECIFICATIONS / SCOPE OF SERVICES

1. PURPOSE

The Orange County Convention Center (OCCC) owns and operates numerous operable partitions of various heights and sizes, manufactured by varying vendors and of various ages. The Contractor shall provide semi-annual (or as needed) inspections of the operable partitions, as well as as-needed repair services.

The Contractor shall provide all supervision, replacement/repair parts, materials, supplies, equipment, and tools to complete semi-annual (or as needed) inspections or repair services when requested by the OCCC Designated Representative for operable partitions located at the OCCC. Manufacturer (OEM) parts or comparable aftermarket parts are acceptable for use in this contract.

2. GENERAL INFORMATION

A. Inspections and as-needed repairs shall be performed during Standard Business Hours.

1. Standard Business Hours for this contract are defined as 6:00 AM to 6:00 PM, Monday through Friday, excluding approved County Holidays.

2. Non-Standard Business Hours for this contract are defined as 6:01 PM to 5:59 AM, Monday through Friday, all approved County Holidays, and weekends.

3. Current County Holidays are: New Year’s Day (observed date to be determined), Martin

Luther King Jr., Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve (observed date to be determined), Christmas Day (observed date to be determined).

B. The Contractor shall use its best efforts to coordinate its activities with and adjust its activities to the needs and requirements of the OCCC and to perform its activities so as not to disrupt, unreasonably interfere with or delay the operations or activities of the OCCC and the events held therein.

C. All lifts and operators required for scheduled maintenance and repairs (semi-annual or as needed inspections) shall be the Contractor’s responsibility to provide and maintain as needed, and be included in the semi-annual operable partition inspection cost and additional repair costs.

D. Contractor shall maintain sufficient service and repair personnel so that multiple failures or problems are fixed on the same day and are addressed within the timeline specified in the

Delivery/Performance section in the Contract Terms and Conditions.

E. In the event of an emergency, as determined by the OCCC Designated Representative, the

Contractor shall have staff on site at the OCCC within three (3) hours of notification to the

Contractor, 365 days per year/ 24 hours a day.

F. Each of the Contractor's motor vehicles brought onto the OCCC's property shall have the

Contractor's business name and/or logo prominently displayed on both front doors of such vehicle.

G. Travel/Mileage Costs - The Contractor shall be responsible for all of its travel and per diem costs to and from the OCCC. Travel time shall not be included when quoting and or invoicing for as-needed or emergency repairs and shall not be compensated by the County under any circumstances. Chargeable hours for repairs start when arriving at OCCC.

3. CONTRACTOR PERSONNEL

A. Contractor shall provide, within 10 days of contract award or upon request by the County, a list of personnel contemplated to perform the work, including Local Area Manager, supervisors, and

Service/Repair Persons by name and title. The Local Area Manager shall have a minimum of five

(5) years verifiable experience, Supervisors a minimum of three (3) years verifiable experience and Service/Repair personnel a minimum of two (2) years verifiable experience. This experience shall include working on all types of operable partitions ranging from eleven (11) feet to forty

(40) feet in height. The operable partitions shall be manufactured by Hufcor, Modernfold and

Panelfold. Personnel must have certifications to be able to operate manlifts and forklifts as prescribed by OSHA and provide copies of the Certificats to the County upon request.

B. Contractor shall submit, within 10 days of contract award or upon request by the County, at a minimum, the required number of resumes for each staff position as specified below, to ensure that the Contractor has adequate personnel on staff to meet the operational requirements of the contract:

Manager one resume

Supervisor two resumes

Service/Repair person four resumes

C. All Contractor employees shall be able to communicate, understand and follow written and verbal instructions in English and be able to identify and understand all signs and notices in and/or around the OCCC.

D. While working on the OCCC’s property, all Contractor employees shall wear clean uniforms with company logo and footwear that meets OSHA requirements.

E. The County reserves the right of approval of any and all Contractor employees and the right to request the removal of any employee. The Contractor agrees to promptly reassign any employee whose performance or behavior the OCCC finds unsatisfactory. In the event of a removal, the employee shall not be returned without the prior approval of the OCCC. If an employee is noted as Do Not Return

(DNR’d), that employee shall not return to OCCC for any reason.

G. The Contractor and their employees shall comply with OCCC Policies and Procedures while on premises. These are available on the OCCC website. The Contractor’s employees shall not remove any item such as giveaways, purchased items, trash or leftovers from OCCC property. The Contractor shall instruct its personnel that no gratuities shall be solicited or accepted for any reason whatsoever from tenants, customers or other persons at the OCCC. The Contractor shall be responsible for ensuring that all articles found by its employees on the Center’s premises are turned over to the OCCC’s Designated Representative in charge of such articles.

H. A valid Florida driver’s license (Commercial Driver’s License, if applicable) will be required of all personnel operating motor vehicles or motorized equipment on roadways in or around the OCCC’s property.

4. CONTRACTOR’S PERSONNEL – SECURITY AND BACKGROUND REQUIREMENTS

The following conditions are required for all Contractor’s employees assigned to work at the Orange County Convention Center.

A. Background and Drug Screen Requirement and Annual Updates. The

Contractor shall provide a Level 1 (5 years) background check and a drug screening for its employees eligible to work under this contract at the OCCC and shall provide this list of such employees to the OCCC Security Division, William.Becton@occc.net upon successful completion background and drug screen requirement in order for the employee to be eligible to work at the OCCC. The background checks and drug screenings shall be dated no earlier than ninety (90) days prior to contract start date. The Contractor shall provide background checks and drug screens at no cost to OCCC. Background checks and drug screenings shall be performed and must be updated for each employee on an annual basis, at no additional cost to the OCCC, throughout the contract and shall include:

1. Identification Verification

2. Selective Service Status, if applicable (registered/unregistered)

3. FDLE Automated Criminal Record

4. Clerk of Courts by County of Residence

5. Employment Verification

6. DMV by State of Residence

7. Military service verification, if applicable mailto:William.Becton@occc.net

8. Professional License & Certification Check

9. Drug Screen – Five Panel to include:

• Amphetamines

• Cocaine Metabolites

• Marijuana Metabolites

• Opiate Metabolites

• Phencyclidine

x. Sex offender registry

B. CONTRACTOR agrees not to refer or place at Orange County Government any individual having such a criminal record during the 5-year period preceding placement at Orange County

Government, unless Orange County Government specifically agrees. Orange County Government reserves the right to have CONTRACTOR remove any employee from placement at Orange County

Government if such individual is arrested, charged or convicted of such crimes while placed at

Orange County Government or has determined to falsify their application to conceal their information in anyway. Orange County reserves the right to request to inspect the background and/or drug screening results to ensure compliance with contractual provisions. A list of the

CONTRACTOR’S employees who have successfully passed the background check and drug screen and assigned to work at the OCCC shall be submitted to the OCCC Security Supervisor or their designee, prior to being permitted to work at the OCCC. This list shall be updated on an annual basis.

C. The Contractor shall ensure that all vehicles used by their staff are properly identified with the companies name and logo.

D. The Contractor shall remove from Convention Center premises any of its employees who, in the opinion of the County’s Representative, or designee, is not performing the services in a proper manner, or who is incompetent, disorderly, abusive, dangerous, disruptive, or does not comply with the rules and regulations of the County.

The Contractor shall in no way, interpret such removal to require dismissal or other disciplinary action of the employee. Employees shall not use controlled substances, unless prescribed, nor illegal substances, and shall not use alcohol on the Center premises. The Convention Center

Representative will request that anyone suspected of working under the influence of alcohol or controlled substances be removed from the workplace.

E. OCCC Photo Identification Badges will be issued on an as-needed basis for the Contractor’s employees that have successfully passed their background check and five panel drug screen check. Badges are the property of the OCCC. Each lost and/or misplaced badge will result in a

$35.00 replacement fee, payable to the OCCC. Payment should be taken to the Business Services office prior to obtaining the replacement badge (receipt must be presented in order to receive a replacement badge). Keys may also be issued to Contractor’s employees on an as-needed basis. All keys are the property of the OCCC. There will be a $35.00 charge per key for all lost and unreturned keys. If multiple cores must be changed due to a missing key, the Contractor shall be responsible for all the core changes. Core changes are $35.00 per core.

5. INVOICING REQUIREMENTS

A. Upon delivery and acceptance of service, all supporting documentation shall be submitted with a properly executed invoice to the applicable Fiscal Department. The

Contractor shall reference the contract number and the corresponding Purchase/Delivery

Order number on all invoices. Line items on invoices shall correspond with delivery order line items, unless otherwise agreed to by County in writing.

At a minimum, an invoice shall contain the following information:

i. Purchase/Delivery order number;

ii. Date of services

iii. Labor category and supporting documentation (work order, service tickets)

iv. Line items per the delivery order

v. Service location

For parts costs, if the cost is a markup from original cost, the vendor shall provide a copy of the…